Legal Question in Intellectual Property in New York

I created a product that I would like to present to Reebok.I do not have a patent or any other protection for my product.I tried to sumbit my idea to Reebok on their website,however they don't accept unsoliciated ideas unless there is some kind of proctection on the idea or invention.Well I cannot afford any protection for my invention.So I've thought of a way to present my invention to Reebok.My question is,if I put the Reebok symbol on my product and do a public presentation in public in front of one of their stores would I be breaking any laws or can I get into any kind of legal trouble for doing that?


Asked on 10/10/09, 4:02 pm

1 Answer from Attorneys

Kaiser Wahab Wahab & Medenica LLC

Hello. I'm afraid to say that conducting a presentation of the manner you describe would likely constitute trademark infringement, in that the people viewing the presentation would likely believe that your proposed product is an actual Reebok product. At least that would likely be the case, unless you make clear that you are in fact "pitching" a product and do not have a real affiliation with Reebok. I am not certain how doing the presentation you mention bypasses your initial problem with Reebok and, quite frankly, I worry that it might actually harm any potential relationship you might have with them.

Instead, you may want to file for a provisional patent application as the basis for a submission to Reebok. In VERY general terms, a provisional patent is an application to "park" your rights that can be obtained for a fraction of the fees and costs associated with a non-provisional patent (i.e., a "full patent). You will have to file for a non-provisional patent within 12 months of the provisional patent and satisfy several other requirements or you abandon your application. Another suggestion is finding a patent attorney who will help you either pro bono or in exchange for an equity position in the company that ultimately hold and licenses the patent.

I hope you found this helpful.

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Answered on 10/15/09, 7:59 pm


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