cmmst12011
Junior Member
Pennsylvania
I bought a rifle scope from China thinking they be different but I realized they didn't come to me as described by having trademarks and copy rights all over the product that were not advertised. Even though I set those items aside, I looked up the patent registration and realized the item is expired on the patent. So I decided I could put together a business of where I can sell blank copies (or with my logos) of this product online. Therefore, I paid the manufacture a specific amount to send me the same exact product, except without any logos or symbols. The product is naked and I placed my own title and logos on the product and than listed them for sale online.
The only possible violation would be patent infringement, but the patent is expired. When you hold the product up to the expired patent holders product, they look exactly the same. The internals are different as well. When you look into the product, there is a difference in quality and display of the product for it's function, and it is known that the internal mechanisms / parts are different. The only thing that looks the same is the exterior portion of the product, but it is made of different material.
Are these products legal to sell and could the expired patent holder manufacture still file a law suit against me? I understand a law suit can always be filled but my question is, would I be able to challenge it in court and win. There is no evidence of trademark or copyright violations. It is an expired patent with different material / parts but that looks similar from the original.
I bought a rifle scope from China thinking they be different but I realized they didn't come to me as described by having trademarks and copy rights all over the product that were not advertised. Even though I set those items aside, I looked up the patent registration and realized the item is expired on the patent. So I decided I could put together a business of where I can sell blank copies (or with my logos) of this product online. Therefore, I paid the manufacture a specific amount to send me the same exact product, except without any logos or symbols. The product is naked and I placed my own title and logos on the product and than listed them for sale online.
The only possible violation would be patent infringement, but the patent is expired. When you hold the product up to the expired patent holders product, they look exactly the same. The internals are different as well. When you look into the product, there is a difference in quality and display of the product for it's function, and it is known that the internal mechanisms / parts are different. The only thing that looks the same is the exterior portion of the product, but it is made of different material.
Are these products legal to sell and could the expired patent holder manufacture still file a law suit against me? I understand a law suit can always be filled but my question is, would I be able to challenge it in court and win. There is no evidence of trademark or copyright violations. It is an expired patent with different material / parts but that looks similar from the original.