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Date Posted: 12:42:59 05/15/02 Wed
Author: Chazman
Subject: I was wrong, it's three points LESS then a tree stump!
In reply to: Sparky 's message, "Re: Spoken like a true NG stooge!" on 17:50:32 05/14/02 Tue

>Then why don't he go out and buy a set and become the
>injured party so he himself can file a suit instead of
>asking others to do it for him? You're not that
>bright are you?


Simple, because as the patent designer he is fully aware that the specs on the clubs aren't kosher to the patent, so thereby he is incapable of being duped when buying them!

>

>What? If NG is violating the patent why would they
>bring action against someone else for their own(NG)
>patent voilation? Your so ignorant and confused as to
>what's going on you don't even know what your saying.

NG is violating the patent specifications for one reason, and one reason alone, to dupe the unsuspecting with their advertising that the clubs are some how so special that they are patented. They are not!
>
>Suing him for what? Reread the page from Kuykendalls'
>web site. He says they placed his patient # on their
>clubs and asked golfers who feel they were mislead to
>look into their legal rights. He never says any of
>this was illegal, he implied it may have mislead
>people. Explains why HE isn't suing them and they
>aren't suing him.

YES HE DOES SAY IT"S ILLEGAL!

Here is exactly what he say's and the title code that NG is violating!

"Marking a product with a patent number when the patent does not cover it is called false marking. Title 35, U.S. Code Section 292 says that"



(a) Whoever, without the consent of the patentee, marks upon, or affixes to, or uses in advertising in connection with anything made, used, offered for sale, or sold by such person within the United States, or imported by the person into the United States, the name or any imitation of the name of the patentee, the patent number, or the words "patent," "patentee," or the like, with the intent of counterfeiting or imitating the mark of the patentee, or of deceiving the public and inducing them to believe that the thing was made, offered for sale, sold, or imported into the United States by or with the consent of the patentee; or



Whoever marks upon, or affixes to, or uses in advertising in connection with any unpatented article, the word "patent" or any word or number importing that the same is patented, for the purpose of deceiving the public; or



Whoever marks upon, or affixes to, or uses in advertising in connection with any article, the words "patent applied for," "patent pending," or any word importing that an application for patent has been made, when no application for patent has been made, or if made, is not pending, for the purpose of deceiving the public--



Shall be fined not more than $ 500 for every such offense.



(b) Any person may sue for the penalty, in which event one-half shall go to the person suing and the other to the use of the United States.





Unfortunately, recovery is not $500 per golf club, but $500 per line of products (so you can't multiply $500 by the total number of sales).

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