Q: So I am starting a drop shipping company and have found various products infringing on patents on Amazon. Is this ok?
I am wanting to sell a glow in the dark dog leash but there is a patent, however I have found various ones on Amazon infringing on the patent because they are not the same product just extremely similar so can I sale the leash myself?
A:
You should not sell any products that infringe on valid US patents. Figuring out whether or not the product you want to sell infringes on a given patent is sometimes a tricky thing to figure out.
Though I haven't read the patent you're referring to, I think it unlikely that it would cover every glow-in-the-dark dog leash. You should take a look at the claims in the patent document, to find out what is really protected by the patent. Then compare the claims with the product you want to sell, to see if your product is really infringing. If it's not covered by the claims, then you can sell it.
Keep in mind that some patent holders may overstate their patent rights, and send you or your website host a take-down notice or sue you even if they wouldn't prevail in the end.
Best to enlist the help of a patent attorney, to be more sure of your rights and risks.
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.
