Q: Hello, Is there a patent for this product: https://www.amazon.com/Scratch-Off-World-Map-Poster/dp/B01IIF4L9Y
I would like to produce and sell a scratch-off world map poster and sell it on Amazon in the USA. I want to be sure that I won't get issues with this product because of trademarks and/or patents. I hope that you can give advice.
Are there patents for the scratch layer of a world map?
Thank you in advance for your advice.
A: From a quick search of other Amazon offerings, my suspicion is no. Please see: https://www.amazon.com/dp/B075K3G8XF/ref=dp_cerb_2 and https://www.amazon.com/dp/B07G3DPJMF/ref=dp_cerb_3 Further, a quick search of various patent databases doesn't show any obvious hits. That's just a guess, of course, and none of that is conclusive.
To really find the answer, you would need a freedom to operate analysis. Patents are granted on inventions, not products. So, there could be a couple of patents that apply to this map. You would need someone to determine who actually produces this map (it seems there are multiple sellers of the same map) and if the producer is relying on any patents in producing the map (e.g., any patents that are owned by the producer or licenses from other sources ). My advise would be to consult with a patent attorney on this privately before starting to sell look alike products.
Trademarks are a separate issue and I'd need to ask what you mean on that before I could answer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.