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Old February 17, 2015   #14
drew51
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Join Date: Dec 2013
Location: Sterling Heights, MI Zone 6a/5b
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Quote:
Originally Posted by Robert Hays View Post
Barefoot gardener, They can prosecute anyone who infringes on their patent. NOW, a home gardener that expands their plantings just a few plants would they prosecute? most likely not, but why take a chance? All you have to do is look at when the plants were introduced from the source and it is less than I think 15 years, it is probably still under patent and again why take a chance.


Well that is rather funny. I think the chances are better that monkeys will fly out of my butt.
That they would spend tens of thousands of dollars in lawyer fees to collect the $1.50 you owe them.
Patent infringement is a civil case, not criminal, so they would have to hire the investigators and lawyers.
I had a case where someone owed me 5K, I could not find a lawyer who would take it, because traditionally they take 1/3 of settlement, and 1/3 of 5K was not enough to be worth their time.
Worst case they would send you a cease and desist letter, and if you complied it would be over. it is not worth it to go after you. As far as fines they would first have to prove you violated civil law.
How would they even know? They would not know, nobody watches gardeners to see how they are propagating plants, you could have bought them from Lowes, this is extremely funny!
With that said I think one should respect patents, nobody though is going to come after you.

Last edited by drew51; February 17, 2015 at 07:50 AM.
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