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June 19, 2013

Keep a Close Eye on Your Competition- Intellectual Property Law

Do you know of a competitor trying to imitate your product? Rip-It Sporting Goods developed an in-fielder's mask for baseball and softball. The mask, which is marketed at trade shows, on the internet and nationally through distributors, was allegedly copied by competitor Champro Sports who attempted to sell two versions of a competing mask at a lower price. Champro displayed their masks at trade shows and on its website. Champro also sold and took orders for their masks.

Luckily, Rip-It held a design patent on its mask. On April 19, 2012, the United States District Court for the Middle District of Florida executed a Consented to Permanent Injunction Order prohibiting Champro Sports from making, using, selling or offering for sale the accused mask designs.

Lessons learned:

  • Protect your assets - whether your products, your name, your brand identity, even your customer lists.
  • Keep an eye on your competition.
  • Contact an attorney before the competition tries to copy you, to find out how to protect your assets.
© Lowndes, Drosdick, Doster, Kantor & Reed, PA, 2013. All rights reserved.

About the Author

Partner

Richard Dellinger is partner with Lowndes, Drosdick, Doster, Kantor and Reed, P.A. Mr. Dellinger is an AV-Rated litigation attorney and his practice includes complex litigation, civil litigation, commercial litigation, business litigation, intellectual property litigation, and federal criminal litigation. Mr. Dellinger has worked on significant trade secrets theft matters, trademark infringement matters, patent infringement matters, and commercial matters. Mr. Dellinger is the Co-Chair of the firm's Intellectual Property practice group.

Mr. Dellinger not only handles large...

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