Question Continued: Can
you get sued over design patent issues if you import similar items like
examples below?
For examples,
http://www.amazon.com/Copper-Rotating-Earring-O...
http://www.amazon.com/Rotating-Earrings-Organiz...
Deanna's Response:
Hello, If you don't have permission from the patent holder, and there is one, then you would absolutely be at risk of an accusation of such unlawful act - by US Customs first and foremost.
US Customs has its own seizure process on imported goods, so before you even get to an issue with the patent holder as some of the attorneys below have discussed, you need to know that US Customs can seize the goods themselves so you'll never get them. Once the seizure has occurred, then the penalty phase begins and depending on your level of "culpability" (i.e., guilt level - be it negligence, fraud, first time offender, etc.), the penalty amounts can vary but it's never cheap. And yes, because the patent holder would be notified, they too may commence a lawsuit against you as well.
For examples,
http://www.amazon.com/Copper-Rotating-Earring-O...
http://www.amazon.com/Rotating-Earrings-Organiz...
Hello, If you don't have permission from the patent holder, and there is one, then you would absolutely be at risk of an accusation of such unlawful act - by US Customs first and foremost.
US Customs has its own seizure process on imported goods, so before you even get to an issue with the patent holder as some of the attorneys below have discussed, you need to know that US Customs can seize the goods themselves so you'll never get them. Once the seizure has occurred, then the penalty phase begins and depending on your level of "culpability" (i.e., guilt level - be it negligence, fraud, first time offender, etc.), the penalty amounts can vary but it's never cheap. And yes, because the patent holder would be notified, they too may commence a lawsuit against you as well.
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