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Message: Re: pusher has a question?LL et al / yep...

Apr 26, 2008 11:47AM

Apr 26, 2008 01:07PM

Apr 26, 2008 02:48PM
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Apr 26, 2008 03:01PM
1
Apr 27, 2008 06:27AM

Not all infringement occurs willfully.

This I KNOW well. In the past 20 years, manufacturing has changed. Few companies make every part or assembly for the products they "manufacture." The suppliers to manufactures may have taken something totally off the wall from another supplier, packaged it differently in a different industry or product category, and sell it to say, ME. It sucks, but I am then guilty of infringing and have no idea until the "Notice" and then law suit arrives. This one I KNOW and I KNOW it personally from the Marshall, TX and Judge Ward point of view -- and from the wrong side of the gun.

The good news is that good lawyers work it out and everyone wins in the end without going to trail -- I believe the vast majority of cases never go to trial in patent and tradmark cases. I know I have been involved with at least ten cases on one side or the other -- none have gone to trial. As I have stated before, lawyers get the grief, but they are your best business tool when they are on your side doing their job. As in all professions, there are bad apples.

The bottom line is the US patent and trademark system may be flawed, but it is, by far , the best in the world. One needs only to see the majority of EU consumer product companies apply for US patents and trademarks because they know US law is stronger than any place on the planet for global distribution.

Basically, if you want to shoot mean ole copy cats, you had best hire good lawyers and have a strong US patent or trademark. IMO, DM did all the DD necessary, then did it again to make sure, and signed on to represent EDIG. We don't any outcome yet, but it certainly puts EDIG in a far better position than without DM or similar.

Meanwhile, back at the farm, Willy and gang need to be beating the streets and bringing home the bacon until DM works their judicial magic. Or, as we say in Tennessee, DM takes out their industrial strength can-o-WhoopArse and uses it on EDIG's behalf.

John

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