Patent Infringement Violators Beware
Intellectual Property Infringement
The Lindsay AirGraver®, PalmControl®
as well as several other Lindsay products are protected by
trademarks, patents and pending patents. These patents and
trademarks are there for a reason and that is to protect the
inventions and intellectual property. Infringement is taken
seriously. A common misconception is that if an infringer in
another country cannot be sued for infringement. This
is incorrect. For example, entities in Asia and Eastern Europe were sued
in federal court for multiple infringements of our intellectual
property.
FYI: The act of purchasing a
counterfeit tool and paying to have it shipped to the US
(importing), as well as "using" the patent infringing product in
the United States is an infringement in itself, making the user as
liable as the one making and selling. See U.S. Code (a)
below.
FYI: Concerning social
media, forums and websites. Owners of forums, groups, shares
or posts are liable for infringement if the information that is shared or posted induces others to
infringe. See U.S. Code (b) below:
Infringement of
patent, in part - U.S. Code
(a) Except as otherwise provided in this title, whoever without
authority makes, uses, offers to sell, or sells any patented
invention, within the United States, or imports into the United
States any patented invention
(b) Whoever actively induces infringement of a patent shall be
liable as an infringer
If you discover
an infringing knockoff be sure not to link or discuss it
on-line. Doing so will just provide free advertising to the
infringement. It is best to report it to us and let the
attorneys handle it. The email for reporting it is provided
below.
Quotes
by attorney David Pressman
"Common
Misconception: If you change a patented product a fixed
percentage, say 20%, you won’t be an infringer. Fact: The
amount you’ll have to change a patented product to avoid
infringement is not subject to quantitative analysis, but rather
is determined by the breadth of the patent’s claims."
"Common
Misconception: That which you do in your own home or for your
own personal use will not infringe a patent that is otherwise
applicable. Fact: While “home infringement” may be
difficult to detect, nevertheless it is a form of infringement
that is legally actionable and can subject the infringer to paying
damages and/or an injunction prohibiting further infringement."
Help Catch Knockoffs
If you see a knockoff
that may be infringing Lindsay Patents or Trademarks please
contact us and report it. Include anything that might help a case. This could include internet ads, photos, screen shots, sales
receipts, links, etc. In addition, if you acquire any of the
following please provide it: infringer's name, street address, city,
country, phone number, email address, place of employment and even
address of employment will all be helpful since it could be used
to garnish the infringer's wages until damages, court, and
attorney fees are paid.
Email report to:
ReportKnockOff@LindsayEngraving.com
If you are an
infringer reading this, it is suggested you stop now and let us
know you are stopping. We have pursued legal action without
a preliminary warning in a previous patent infringement lawsuit.
