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Been having patent infringement issues. Got sent goods from a factory in China that had a patent in the U.S. Didn't realize it and sold it to a customer. Is there any recourse back to the factory in China? Rec'd a cease and desist and need some help with this.
I am not an attorney, so this is by no means 'legal advice'; however, I do have some business experience with intellectual property. Did the cease and desist threaten any legal action against you even if you complied with the order? (Most of them that I have encountered are just that, cease and desist, and as long as you comply, they do not threaten further action.) So, if that is the case, then it is not a question of legal defense for you, but how do you get your money back from the vendor... How did you purchase the goods, letter of credit, check...? In other words, do they already have all of your money? If so, are they a vendor that you normally work with? If they already have your money, I would contact them and request a refund because they have violated intellectual property rights. Depending on how you paid them, you might be able to enlist the assistance of your bank to get your monies returned.
I hope this helps...
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