Can I sue someone for stealing my invention name that I didn't file a trademark for?

by **siuaghan** » Mon May 21, 2012 2:49 am

I do have a patent pending of it and the product name is registered in it.
I did email the head of that company before he stole it, aiming for a licensing agreement . and I have all the communications with him on file
I also registered it through a time stamping idea registration website www.idea-registration.com

by **emilek17** » Mon May 21, 2012 3:03 am

You can but you will lose...Ever hear of Elisha Gray??

He invented the telephone,but Alexander Graham Bell beat him to the patent office.

by **wahchintonka48** » Mon May 21, 2012 3:05 am

You can but you will lose...Ever hear of Elisha Gray??

He invented the telephone,but Alexander Graham Bell beat him to the patent office.

If it is pending, then you can sue them. If you never filed for one in the first place, you are out of luck.

by **talbot** » Mon May 21, 2012 3:07 am

Yeh.

by **mace** » Mon May 21, 2012 3:17 am

Why didn't you contact an attorney before contacting that company????

Immediately contact an attorney on this. Dial up a few attorneys from the Yellow Pages, and be ready to explain everything in detail. Make sure you have it written down on paper so he or she can tell you whether they take this type case.

Best yet have all documents ready, including scanned and copied emails if you used any.

I no attorney can help you, keep posting question here and see what happens.

If still no help is found, go into CRAIGSLIST and in the BARTER category post an advertisement announcing that you will BARTER such and such services, in exchange for LEGAL HELP FOR COPYRIGHT INFRINGEMENT CASE.

In Craigslist many attorneys, as well as doctors and other professionals, barter their services for these products and services. At leas in Miami, Florida they do!

DRIVEWAY CONSTRUCTION or REPAIR
HOUSE INTERIOR AND/ OR EXTERIOR PAINTING
CAR MECHANIC
TIRE BALANCING
LANDSCAPING
HOUSE REMODELING
KITCHEN CABINETRY
PLUMBING
ELECTRIC

and so on.

GOOD LUCK!

by **rickie** » Mon May 21, 2012 3:25 am

A name cannot be trademarked until it is actually being "used in commerce". You therefore have no cause of action over them stealing the name. However, you do have a cause of action if they stole the patentable idea itself.

Speak to a patent attorney.

Oh, and "shining one" is wrong AGAIN - Elisha Grey actually filed his papers at the patent office before Bell - but Grey's "Harmonic Telegraph" didn't work - while Bell's Tephone did.

Richard

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