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<blockquote data-quote="JohnathanDemuth" data-source="post: 6226523" data-attributes="member: 610617"><p>Just another little note for those who second guess our rights. Does anyone realize who owns the "10 and 12" patent or the actual toolings??</p><p></p><p>Copies from the U.S. Patent Office are below.</p><p></p><p>Notice where it directs you to the fact that it only protects the general ornaental design and pattern of appearance. It does not protect the structural or utilitarian features.</p><p></p><p>These two patents are a mistake and actually should have been one in the same. So the way I see it, they can use ours and we can use theirs....Not to mention our 4 years of branding with it already..... and the THOUSANDS of baskets we stock.</p><p></p><p>U.S. Department of Commerce</p><p></p><p>Patent and Trademark Office</p><p></p><p>--Patents</p><p></p><p>Commissioner for Patents</p><p></p><p>P.O. Box 1450</p><p></p><p>Alexandria, VA 22313-1450</p><p></p><p>Definition of a Design</p><p></p><p>A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.</p><p></p><p>In discharging its patent-related duties, the United States Patent and Trademark Office (USPTO or Office) examines applications and grants patents on inventions when applicants are entitled to them. The patent law provides for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. A design patent protects only the appearance of the article and not structural or utilitarian features. The principal statutes (United States Code) governing design patents are:</p><p></p><p>35 U.S.C. 171</p><p></p><p>35 U.S.C. 172</p><p></p><p>35 U.S.C. 173</p><p></p><p>35 U.S.C. 102</p><p></p><p>35 U.S.C. 103</p><p></p><p>35 U.S.C. 112</p><p></p><p>35 U.S.C. 132</p><p></p><p>As I said, we are very prepared for whatever we must do to protect our patents, our rights and our hard work for 4 years of branding a name.</p><p></p><p>Respectfully,</p><p></p><p>Johnathan</p></blockquote><p></p>
[QUOTE="JohnathanDemuth, post: 6226523, member: 610617"] Just another little note for those who second guess our rights. Does anyone realize who owns the "10 and 12" patent or the actual toolings?? Copies from the U.S. Patent Office are below. Notice where it directs you to the fact that it only protects the general ornaental design and pattern of appearance. It does not protect the structural or utilitarian features. These two patents are a mistake and actually should have been one in the same. So the way I see it, they can use ours and we can use theirs....Not to mention our 4 years of branding with it already..... and the THOUSANDS of baskets we stock. U.S. Department of Commerce Patent and Trademark Office --Patents Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 Definition of a Design A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture. In discharging its patent-related duties, the United States Patent and Trademark Office (USPTO or Office) examines applications and grants patents on inventions when applicants are entitled to them. The patent law provides for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. A design patent protects only the appearance of the article and not structural or utilitarian features. The principal statutes (United States Code) governing design patents are: 35 U.S.C. 171 35 U.S.C. 172 35 U.S.C. 173 35 U.S.C. 102 35 U.S.C. 103 35 U.S.C. 112 35 U.S.C. 132 As I said, we are very prepared for whatever we must do to protect our patents, our rights and our hard work for 4 years of branding a name. Respectfully, Johnathan [/QUOTE]
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