I UK company is threatening action against a US Based distributor for selling a product that may or may not have been reverse engineered in China. Without either company spending roughly $5000 dollars to compare both products there is no way to know.
Can the UK based company sue the US distributor or would they need to take action against the manufacturer based in China?
Well, first off….good luck suing a manufacturer in China. Seriously. Regarding a US distributor I am not sure if you are referring to the US company that supposedly "knocked-off" the UK company’s product or a distributor who distributes the knocked-off product from another US company. If it’s the former, it seems as though a case could be brought pending several scenarios: Is the product patented? Is it trademarked? How "similar" is the US based product? How is it different?
Your question does not contain enough information to answer with any accuracy. You might want to consult your attorney. That is, after all, what they’re there for.
February 24th, 2010 at 7:58 am
Well, first off….good luck suing a manufacturer in China. Seriously. Regarding a US distributor I am not sure if you are referring to the US company that supposedly "knocked-off" the UK company’s product or a distributor who distributes the knocked-off product from another US company. If it’s the former, it seems as though a case could be brought pending several scenarios: Is the product patented? Is it trademarked? How "similar" is the US based product? How is it different?
Your question does not contain enough information to answer with any accuracy. You might want to consult your attorney. That is, after all, what they’re there for.
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