Can they be sued for advertising patent pending? 1 Answers as of August 17, 2010

One of our competitors claims that their product is patent pending. We have looked into this issue and as best we can tell no valid patent has been issued or is pending. Is it illegal for them to advertise patent protection when they do not have it? What can we do to stop them from making this false claim?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Illegal is not the issue. They can do anything they like, including issuing cease and desist letters, or suing you for infringement. If they are seriously threatening to do so, you should consult with local IP litigation counsel and take his advise about what to do in response to their demand. He will need to discuss with you ALL the facts and issues.
Answer Applies to: California
Replied: 8/17/2010
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