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homemade gift now on web ad

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opal5

Guest
NJ. my husband produced a gift for a comedian, gave it to him after a performance now it has shown up on an ad for merchandise he has for sale. This is not mentioned as an item for sale but rather as the headline for this advertised sale page. My question is should we contact this person and ask if he is interested in marketing our gift and persue it from there or try to obtain a patent for it before he does anything?
 



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