Asked in Business Law and Intellectual Property

Q: My drop shipping store was sued for selling a patent product. How do i deal with this? I was unaware of the patent

Its a drop shipping company and i used a third party company to do my listing. I was so unaware. I didn't make a sale on the item an i had since removed the listing. I live in Jamaica and this is in the US.

How do i deal with this?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Facing a lawsuit for unknowingly selling a patented product can be overwhelming, especially when international boundaries are involved. First, it's important for you to consult with an attorney who has experience in intellectual property law within the U.S., as they will understand the specifics of patent infringement and can provide guidance tailored to your situation. They can also help determine if you have any viable defenses, such as not having actually sold the product or having removed the listing promptly upon discovering the issue.

In communicating with your attorney, make sure to share all relevant details, including your business model, your role in the listing and distribution process, and any correspondence you have had with the third-party company that handles your listings. This information is crucial as it will help your attorney to assess the extent of your liability and develop a strategy to address the lawsuit.

Lastly, it's advisable to review and possibly revise your business operations and agreements with third-party vendors to ensure that you are not inadvertently listing patented products in the future. Strengthening the vetting process for what gets listed on your store might involve implementing more robust checks or even renegotiating terms with suppliers to include patent checks. This proactive approach can help protect your business from future legal issues.

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