Ferrari would have the legal right to go after the fake Ferrari dealer network in the U.S. because they are both representing themselves as another US registered company in name and logos etc and selling a counterfeit product based solely on that.
Quote:
Originally Posted by island911
You are vastly over-estimating how many units would be sold would the product have been tagged with that higher price.
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That is an excellent point. And quite the hypothetical question. There are many LED products now commonly sold, so what would be the value of an expensive type used perhaps only in specific circumstances. I don't have the answer for that.
I do think a cease-and-desist should probably apply though when challenged
in courts that specialize or are knowledgeable in IP case law.
Plant and software have more recently been at the top of the contested list.
The bulb infringement might be completely different. Maybe this will bring new law or legislation into effect?
I'm assuming there was a patent issued to UC previously, okay, but they are demanding the reseller cease based on their own self-interpretation of protected rights and their own definition of patent infringement....not any kind of previous court judgement. Since I've been making check marks on school papers long before Nike was a company can I now demand Walmart stop selling them?
I'm also assuming they have not sued the Chinese company and gotten a judgement yet.....which would normally be the first step.