Avoid the marking troll
01 April 2010
The false marking troll is on the prowl following two recent court rulings. Thomas Turano advises companies how to steer clear of these clever critters
In December 2009, the US Court of Appeals for the Federal Circuit ruled in Forest Group v The Bon Tool Company that the fine for falsely marking a product as patented should be applied on a per article, rather than a per product line basis. As a result of this holding, a district court must now determine how many products sold were falsely marked with intent to deceive and use that number in calculating the fine. While the underlying facts of the district court case did not initially seem to have serious repercussions for US companies, subsequent events have proven it to be a landmark case....
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