Where Have the Blog Articles Gone? We’ve Moved!

News, resources, and more have been moved to our websites and you can find our great content on these two platforms.  The first is our website for the Clark-Esposito Law Firm, P.C. under the "News & Resources" tab.  Here you will find trade and transportation related news along with that typically for the more experienced fashion enterprise.

The second is our website for Fashion Compliance.  The "News & How To's" section centers on the issues the fashion entrepreneur is primarily focused on, which tend to be less complicated matters than the experienced fashion company would likely deal with. That being said, I've seen more experienced companies not have its bases covered with respect to any number of fashion compliance issues, so I encourage and welcome everyone to read on at the other sites!

 

As always, we welcome you to send us any questions you may have via our Contact pages on the websites or email us directly at contact@clarkespositolaw.com.

Thanks and we'll see you on our new platforms!

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.