Q: May I replicate a custom design made for my business by Niland based on their protected Barcelona design?
Niland Company made a custom version of its Barcelona series light fixture for my business. I want to replicate the design with a different manufacturer and need to know if the custom design falls within Niland's patent for their Barcelona series light fixtures.
A:
This question appears to require review of the following information in order to consider preparation of an answer:
your written agreement with Niland
full mechanical drawings of the custom design
photographs or a video of the custom design
a copy of the patent
whether Niland has any additional patents
Also, it is worth checking trademarks. Nonfunctional features of a product can be the subject of a trademark registration.
Review of patent claims can be tricky. It is best done by a qualified attorney.
In many cases the cost of a review by a qualified attorney will be significantly lower than the cost exposure due to potential infringement.
A: It sounds like you're planning on potentially infringing their patent, if they have one. Also what does your contract with them say about this? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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