AVVO Talk: How to Avoid Design Patent Issues When Importing Home Decoration Items?

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.

INDIA, DESIGN AND COTTON

India is known for its beautiful monuments and palaces, many of which were built over several hundreds of years ago.

It is likewise known for its designs and the patterns and shapes that have inspired countless artists, home fashions and furniture designers.

 India grows a lot of cotton and many of the t-shirts and other apparel manufactured there and in neighboring countries like Bangladesh originate from Indian cotton.

Here in the US we wear a lot of cotton garments manufactured in both of these countries, and if I had to guess, most of the time this little fact is overlooked.  

Have you ever stopped to ask yourself where the cotton you are wearing  comes from and how it got from the field to the factory?

Here are some images of a modern day mode of transportation in India where the farmer takes its raw goods from the field to the weigh stations to get paid for his crop.

One of the most fascinating aspects about international trade to me is the marriage of modern technologies contrasted with tried and true methods, all working in harmony together.  

One such example is that of the sophisticated container ship used for ocean transport of the finished goods that were once carried, in raw form, via camel power.  Pretty cool stuff.

Questions/comments?  Post below or email me at clark.deanna@gmail.com

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