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Scott Robert Hansen

Scott Hansen’s Answers

2 total

  • Can I resell a product being accused of patent infringement?

    I resell products-I purchase them wholesale and then resell them to customers. A few days ago, I was contacted by Company T, claiming that one of the products I sell is infringing on their patent (made by Company C). They sent me a cease and desis...

    Scott’s Answer

    I agree with the previous two posters. The patent laws prevent anyone from selling an infringing product, even if they purchased it from another supplier. Patent infringement cases tend to be complicated, and whether or not a particular product infringes a patent is often a complicated and expensive legal discussion.

    That being said, the supplier of the product is often required by commercial law to indemnify you for any damages you must pay for patent infringement. If the supplier has solid financial resources, they may pay attorneys to defend you against the charge of infringement. But if the supplier is financially weak, they may not be able to afford it, or may not be willing to defend you or be able to cover your damages if you lose a patent infringement case.

    If you have significant money at stake, you may wish to hire a patent attorney to assess your particular situation and to offer guidance as to dealing with the supplier and/or the company that sent you the cease-and-desist letter.

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  • Can someone press charges against you for writing comments about them on the internet?

    Hello. I was wondering if someone can press charges against an individual who was writing comments on the internet? I know that sounds stupid but I was recently threaten by an individual that they would press charges against me because of com...

    Scott’s Answer

    "Press Charges" sounds like he's threatening a criminal complaint of some sort. But it's unlikely that your comments constitute a crime - that is a violation of the state or federal criminal laws - although I'd need to know more about your comments to be sure.

    False, defamatory comments could be a form of "libel," which is a civil offense. Libel is defined as defamation by written or printed words, pictures, or in any form other than by spoken words or gestures. But if your comments are truthful, you can often use "truth" as a defense.

    If your comments are about a business competitor, there are various business torts that could come into play: unfair competition, trade libel, and a few others.

    Short of a civil lawsuit, the person about whom you are commenting may be able to notify the host of the forum who, depending on the terms of use, could block your access to the forum if the individual could show that your comments are false, hurtful, or violate the terms of use of the forum in some way.

    These are just some thoughts. However, most of the time, a threat like this in the context of comments made on an internet forum to "press charges" is an empty threat. If you really want to press the matter, you might ask for more details about what "charges" he intends to press, and with what authorities.

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