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Patent Infringement Violators Beware


Patent Infringement

The Lindsay AirGraver®, PalmControl® as well as several other Lindsay products are protected by trademarks, patents and pending patents. These patents and trademarks are there for a reason and that is to protect the inventions and intellectual property.  Infringement is taken seriously.  A common misconception is that is an infringer in another country cannot be sued for patent infringement.  This is incorrect. For example, entities in Asia and Eastern Europe were sued in federal court for multiple patent infringement of the AirGraver® and PalmControl®. 

FYI: The act of purchasing a counterfeit tool and paying to have it shipped to the US (importing), as well as "using" the patent infringing product in the United States is an infringement in itself, making the user as liable as the one making and selling.  See U.S. Code (a) below.  

FYI: Concerning social media, forums and websites.  Owners of shares or posts are liable for patent infringement if the information they share or post induces others to infringe a patent. See  U.S. Code (b) below:

U.S. Code > “35 U.S.C. 271 Infringement of patent.
(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefore, infringes the patent.
(b) Whoever actively induces infringement of a patent shall be liable as an infringer”

If you discover an infringing knockoff be sure not to link or discuss it on-line.  Doing so will just provide free advertising to the infringement.  It is best to report it to us and let the attorneys handle it.  The email for reporting it is provided below.


Quotes by attorney David Pressman

"Common Misconception: If you change a patented product a fixed percentage, say 20%, you won’t be an infringer. Fact: The amount you’ll have to change a patented product to avoid infringement is not subject to quantitative analysis, but rather is determined by the breadth of the patent’s claims."

"Common Misconception: That which you do in your own home or for your own personal use will not infringe a patent that is otherwise applicable.  Fact: While “home infringement” may be difficult to detect, nevertheless it is a form of infringement that is legally actionable and can subject the infringer to paying damages and/or an injunction prohibiting further infringement."


Help Catch Knockoffs

If you see a knockoff that may be infringing Lindsay Patents or Trademarks please contact us and report it.  Include anything that might help a case. This could include internet ads, photos, screen shots, sales receipts, links, etc.  In addition, if you acquire any of the following please provide it: infringer's name, street address, city, country, phone number, email address, place of employment and even address of employment will all be helpful since it could be used to garnish the infringer's wages until damages, court, and attorney fees are paid. 

Email report to: ReportKnockOff@LindsayEngraving.com


If you are an infringer reading this, it is suggested you stop now and let us know you are stopping.  We have pursued legal action without a preliminary warning in a previous patent infringement lawsuit.

 

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