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Patent Question -- Not Fair! She says she patented EVERYTHING about her product? Can she?
I want to make a baby big that's similar to something called crumb chum. I called the owner and was very nice and asked what was patented about it (it said it was patented). She said she patented everything about it and said she'd sue me if I tried to rip off her product. She was rude! I was very careful to be sensitive even but she was rude! She said she patented the length, name, material, everything. Can she ? Could I make a bib with the same material but not exactly her pattern? Can someone paten a material like 100% polyester?
If you desire to make some "similar but not exactly like" it may be an infringement on the design. You can't be put off by the fact she was offended by your questions - maintaining one's rights to a patented design is troublesome and you were right in her face with it. She can patent the design, trademark the name, yes. She can indeed.
http://www.uspto.gov/#
Here's the patent:
http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN%2FD499530
http://www.google.com/patents?id=0iwRAAAAEBAJ&dq=marsha+mintz
Name trademark - Crumb Chum (registration #2925819, serial #78191485):
http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=1jl4jt.1.1
The materials used by her are an intrinsic part of the design:
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=109&STORY=/www/story/09-05-2007/0004656857&EDATE=
"We developed a fabric that is 100% polyester taffeta, and liquid and stain resistant. More importantly, THE CRUMB CHUM IS LEAD-FREE. It's a lightweight fabric, which gently drapes, allows mobility and folds super compact to fit into a shirt pocket. The fabric is machine washable, dryer safe or can be hand-washed and drip-dried in minutes. Our unique patented design, The Crumb Chum, is the only bib that goes from chin to toe."
Her attorney:
http://www.klkpatentlaw.com/
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