Stauffer v. Brooks Brothers

To Mark or Not to Mark-That is the Question


Not marking a patented product with the patent number can prevent you from recovering damages from infringing products sold over a period of time. On the other hand, false marking or marking with an expired patent number can result in a fine of up to $500 per product sold. Hundreds of false marking suits have been filed over the last year. Should you mark or not mark at all?

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Reference Info:Decision | Federal, Federal Circuit, Patent | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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