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We are a small uk company. We have paid for patent lawyers…

Customer Question
We are a small...

We are a small uk company. We have paid for patent lawyers in the past but put simply we can not afford there fees every time a company threatens us. We do due diligence checks on all our imports and have never had a case go to court but then we always had a lawyer to bat anyone away. We have had a company threaten us with legal action unless we remove for sale a product which they have a registered patent registered last year. However the product in question was in the public domain in fact on TV two years previously so we feel that the patent is not valid. My worry is now I am dealing with them direct I am not sure how far or what they can do. They are a US company and we are based in the UK I have explained to them that we have evidence that the product was in the public domain long before the registered a patent but they don't answer this and just come back with threats and quote there registered patent. Any advise would be of great help.

Lawyer's Assistant: What's the invention's purpose?

Their patent is called the guzzle buddy its a glass that fits on top of a bottle so you drink straight from the bottle but you are drinking from the attached wine glass that goes in the top

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

They have not filed against us yet just threatening us with legal action but because we have pictures of the product being shown on a to series two years prior to their patent I assumed that the patent could easily be challenged. It even says on there own site after seeing the product on to they decided to manufacture and patent it?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

TV

Submitted: 8 months ago.Category: UK Law
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Customer reply replied 8 months ago
Files to be added
Copies of correspondence to dateLink to their patent application https://euipo.europa.eu/eSearch/#details/designs/003526714-0001 application filed December 2016Pictures of proof that product was in the public domain 2 years prior on TV and there own admission to this on there own web site https://guzzlebuddy.com/pages/about - product aired on TV show cougar town 2014Our product https://www.amazon.co.uk/Goodqol-Wine-Matic-Glass-Champagne/dp/B0778P5BZ2/ref=sr_1_1?ie=UTF8&qid=1511335170&sr=8-1&keywords=wine+o+maticObviously our product is the same the question here is how can their patent hold when the product was aired two years before on TV. we have not used there trade mark so we are not passing it of as a guzzle buddy and in actual fact the TV station could even claim rights to that trade mark if they wished as they built up good will in the name as that is what they called it on the TV show!
Answered in 13 hours by:
11/22/2017
Solicitor: Nick H, Solicitor replied 8 months ago
Nick H
Nick H, Solicitor
Category: UK Law
Satisfied Customers: 125
Experience: Ten year qualified Solicitor
Verified

Hello

It seems fairly clear that you are not infringing and in the UK it is difficult to sue for this.

I would suggest that you respond to their solicitors explaining that the product is not protected and that you have not infringed their IPR rights.

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Customer reply replied 8 months ago
Thanks for your response but can you just elaborate on the reason why we are not infringing.Regards Rod
Solicitor: Nick H, Solicitor replied 8 months ago

Hi Rod,

Quite frankly for about £15

No I can't - and it wouldn't make much difference in the letter anyway.

I have dealt with these issues - including one with Dave Grohl.

To give a Counsel's opinion at this stage is superfluous and not possible.

Regards

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Customer reply replied 8 months ago
163;15? I am being charged £38 for a question that in my opinion is not being answered. I am not asking for a detailed response however the basis of my question is if my assumptions of how I'm am perceiving the law is correct. So in other words am I not not infringing their property on the basis of the product or a product of a very similar nature was in the public domain two years previous to there patent application?Regards Rod
Solicitor: Nick H, Solicitor replied 7 months ago

Hello again

You are correct that you are not passing off.

If the patent was not made public then there is no way that you can be liable for infringement.

Especially since this matter is one that will go nowhere near court.

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