Retired Army Sgt Needs Advice on Intellectual Property Matter

[Army Ranger Rick]

I am a retired U.S. Army sergeant (1972-93) and live here in Italy. And because I am an outdoor survival enthusiast, my daughter built me a survival website so I could help teach others my outdoor skills to keep me busy.

Well I decided to take it a step further by trying to sell some survival products on my website. And so after contacting numerous manufacturers, companies and private sellers from all over the world, I have come up with a survival kit of my own. My kits consist of about 15 different items that I have to purchase from 15 different companies/sellers and then assemble them before I can sell them on my websit.

Well not long ago I received an email [supposely] from a company who claimed they own the patent on the mini LED flashlights that I sell with my survival kits. And they demanded that I cease advertising and selling these flashlights on my website.

Then a few weeks later I received a certified letter in the mail from an intellectual property attorney claiming to represent this company. And not only do they demand that I cease selling these flashlights, but they want me to reimburse his client for loss sales and provide them the name of my supplier/company as to where I have been purchasing these flashlights.

After sending this attorny a “notorized letter” from my US military JAG office stating I have stopped displaying the picture of these flashlights on my website. As per their demand I forwarded the name of my supplier which is a company located in China. And I explained that I found these flashlights selling on eBay and I did not know their client had/owned the patent to these flashlights.

But this intellectual patent attoney does not appear to be satisfied with my reply. And he demanded I not only reimburse their client for loss sales, but he also wants me to forward the remaining number of flashlights I have to his client so they can be properly destroyed. And on top of this, he also wants me to sign a document that basically states I will agree never again to buy these types of flashlights not only from this one supplier/seller but from “anyone else.”

As I stated to this intellectual patent attorney in another letter, “Like everyone else who shops on eBay and in millions of retail stores, how am I suppose to know or find out who owns the patent especially on eBay?”

Some additional information...

1. As I previous stated, I am retired US military and live here in Italy, not the USA. Which is where I assemble and ship my survival kits from, not from nor within the USA.

2. I did stop advertising and displaying pictures of this flashlight on my website and instead I show another type of flashlight. And on my website I state they (the buyer) will receive a flashlight similar or equal to the one in the picture “FREE.”

3. This flashlights can be found not only on eBay but dozens of other websites too, which most of the sellers are located in China.

4. I am not the manufacturer nor do I represent the company who makes and sells these flashlights, I am just a small home internet website owner trying to make a few dollars selling my own survival kits.

5. And because these flashlights are very inexpensive, I have donated and given away hundreds (FREE) not only to the many soldiers stationed here in Italy but in Iraq and Afghn too.

So my million dollar question is…based on the information I have provided you, what should I do? Am I still in violation of their patent even if I “give away” these flashlights for free and don’t accept any money? Should I sign this “blanket coverage” document that states I will never purchase these types again from anyone?

I would sincerely appreciate it if someone could please provide me some good legal advice on this matter by sending me an email at: survivalnecklace@hotmail.com.

Thanks for your time and assistance.

Army Ranger Rick

US Army, Retired 1972-93

[able1]

You should not use the name or image if they really do own the rights to it--but you can still include genuine items and you can refer to the item generically in your overall web display--

Would that still work for you?

World Law's lawyers could also probably intervene and help resolve this if need be. You may email them on the home page.

Thanks, finally somebody replied to my needs, appreciate it your advice.

What I did was remove the disputed product image/photo from my website and show another type. And what I state on my website is that this product comes "free" with my kits and the buyer will receive a "similar product" to the one seen in the photo.

This way I am not selling nor profiting from this one [disputed] product but giving them away [for free] when they purchase my kits and the buyer is aware he or she is receiving a similar product as seen in the photo.

Do you think this would be alright to do?

Appreciate yours or someone elses legal advice, thanks for your time.

Army Ranger Rick