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I need your help... Recentley I received an email from a competitor that asked me to cease and dessist reason being that he is on his way to patenting the said product.

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I need your help…

Recentley I received an email from a competitor that asked me to cease and dessist reason being that he is on his way to patenting the said product.

The only difference between mine and his product is our color(mine is orange his is blue)

Can you guys give me any tips or hints as to what should I do?

Is this an intimidation tactic? And if not what should I do?

Below you can read the original(I’ve omitted a few names for obvious reasons)

20th May 2016

For Immediate Attention.

It has come to our attention that your company “XXX” Inc is using our company, …n Fix® patent pending product ZZZZ to sell on the Amazon market place. We have patent pending status in the United States Application No: 62326658. We also have a Chinese Patent issued, so you no longer be able to legally source from your supplier.

We are the exclusive distributors and the owners of the design of the ZZZZ design of which you are replicating and selling. We have never granted permission to your company to sell our product, nor have we sold you inventory for resale.

This will serve as your Legal Notice to Cease and Desist all further actions described above, including any mention of our Products on your Listings on any Marketplace, websites or marketing efforts.

You are hereby instructed to comply with this letter immediately or face legal sanctions under applicable International (International Bureau of WIPO located in Geneva, Switzerland), Federal and State law.

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I think “pending” means “pending”, not “in effect.” Not yet legally enforceable. Many patents are denied as well.

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the status is “pending” not “approved”.
Shoot them an email thanking them for information and ask them to provide a copy of legal paperwork once they get approved. Also, search here and see if they actually have any pending application. http://www.uspto.gov/patent

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