About 6 months ago, I started selling a similar seat cushion online (Amazon, Ebay, etc.) under my own private labeled brand.
http://www.amazon.com/gp/product/B00AE9V3WQ
There are many competitors as well selling similar seat cushions. At the time it did not have a patent.
Fast forward 6 months and I have been told by an overseas supplier that this seat cushion now has a patent. I did a quick search to find that the biggest seller of these cushions (in the link above) now has in their description “Patented orthopedic foam seat cushion”. In the past it had been described as “patent pending”. I am estimating that he received his patent within the last three months.
I haven’t received any cease and desist letters from this merchant. It seems that none of the the other merchants have stopped selling their cushions either. Though I am using memory foam instead of sponge foam like the patented cushion, I do not want to infringe on his patent if he truly does have one.
My questions are:
1. Should I continue to sell these cushions until I receive notification from the owner holding the patent? I certainly don’t want to infringe, but it will take me at least 3 months to clear out my inventory. What are the risks of continuing to do so?
2. Why hasn’t he already notified all other competitors to cease and desist? Is he just gearing up for lawsuits?
Any help from you patent experts would be greatly appreciated!
http://www.amazon.com/gp/product/B00AE9V3WQ
There are many competitors as well selling similar seat cushions. At the time it did not have a patent.
Fast forward 6 months and I have been told by an overseas supplier that this seat cushion now has a patent. I did a quick search to find that the biggest seller of these cushions (in the link above) now has in their description “Patented orthopedic foam seat cushion”. In the past it had been described as “patent pending”. I am estimating that he received his patent within the last three months.
I haven’t received any cease and desist letters from this merchant. It seems that none of the the other merchants have stopped selling their cushions either. Though I am using memory foam instead of sponge foam like the patented cushion, I do not want to infringe on his patent if he truly does have one.
My questions are:
1. Should I continue to sell these cushions until I receive notification from the owner holding the patent? I certainly don’t want to infringe, but it will take me at least 3 months to clear out my inventory. What are the risks of continuing to do so?
2. Why hasn’t he already notified all other competitors to cease and desist? Is he just gearing up for lawsuits?
Any help from you patent experts would be greatly appreciated!