Re: Product Rights

Subject: Re: Re: Product Rights

Comments:
: : If you present an unpatented invention to a company and you manufacture that product under their logo and negotiations can no longer be met, who has the right to produce the product. Can they have someone else make our invention and sell it under their logo? Would we have the right to produce the product under our logo? Negotiations were only made orally.I'd greatly appreciate any help with this. : Dear JL, : Early legal advice is not expensive. There is the question of patent on the invention and the right to use a trademark. : Without patent rights anyone can use an invention. : I you were using the trademark of another without a written agreement as to time, you can be stopped form using their mark. : They can sell your product under their mark. : If the invention is patentable, then you may be able to get a patent and stop them when the patent issues. : You of course can sell the product under your trademark. Better have a good trademark search to make sure you are not going to be in trouble with your new trademark. : It cost a lot in time money and worry not be properly legal informed. : You also need to find a lawyer you can trust. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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