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[bysonric]

My company has a patent pending on a product we sell. A former licensor of our band and product has produced a knock off and is selling it to one of our nations largest retailers. Understanding that until the patent has been approved, there is nothing we can do, but the knock off product that is being produced in China by a Chinese company has the words “patented device” on their package. I know for a fact that this company holds no patent and is misrepresenting themselves as such.  Is there a way to file a complaint with USPTO or some other trade organization that can stop this competitor from saying that they have a patent?

[JSonnabend]

If they are selling the product in the U.S., then the false marking provision of 35 U.S.C. § 292 may apply.  That provision allows anyone to bring an action for false marking.

I have been curious about bringing a case under the false marking provision.  If you want, feel free to call to go over the matter.  Maybe we can bring the case without costing you legal fees.

- Jeff