At 04:19 PM 8/3/2000 -0400, you wrote:
> I am not sure of the exact date, but I do know that it has been
>on-line since March of 1997 at the latest. According to them,
>Rob's traction bars are "an exact replica". If they are just getting
>their patent now, do they have a case? Does anyone have any
>suggestions?
I believe that any design that predates the patent, whether exact in
substance or even close, would be exempt. However, if taken to court, he
would have to prove that his design predated the patent! The easiest way to
do this is if he has any snail-mailed correspondence with ANYONE concerning
his design that was post-marked prior to the patent application.
Unfortunately, the Website alone might not stand up in court without
supporting evidence. I would, however, check with the hosting sight to see
if they keep logs of uploads, revisions etc.
FWIW: Anyone with a custom design should take the precaution of drawing up
the design, have it notarized or signature guaranteed, and sending it
registered mail to themselves! (You can skip the notarization if you do NOT
open the envelope when you get it back) Even if they never develop the
design with the intent to market it, this can give you incontravertable
proof that you predated a similar design.
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Preacher
99 1/2 CC 4x4 SLT+ Redneck/Truck
http://www.bastaards.org
http://www.bastaards.org/CustomDecals.htm CUSTOM DECALS!
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