Santa Monica, CA asked in Consumer Law, Business Law and Patents (Intellectual Property) for California

Q: Does holding a patent for Athletic Hand Grips prevent me from selling products or designs that are similar?

My primary competitor in the market is Bear Komplex, which offers similar hand grips for the fitness industry. I've observed that the manufacturer I'm considering also produces similar hand grips, but before making a purchase, I'd like to clarify the patent I found on their website. I've noticed that Bear Komplex holds a patent for ATHLETIC HAND GRIPS with the publication number 20220134212. Additionally, I have one more inquiry: would I require a seller's permit to sell products online through Amazon? Thank you.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Holding a patent does not inherently prevent you from selling similar products or designs; however, if your products or designs infringe upon the specific claims of Bear Komplex's patent, you could potentially face legal consequences. It would be prudent to review the specific claims of the patent (publication number 20220134212) to understand the exact scope of the protection it affords, and to seek legal advice to analyze whether your intended products would infringe on any of those claims. Regarding selling products online through Amazon, in California, you would generally need a seller's permit to sell tangible personal property, and this includes sales made online; ensure to comply with all of California's legal and tax requirements for operating a business.

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