Generally, an original seller of goods warrants that the goods they are selling are free from colorable claims of patent, copyright and trademark infringement. The seller is exempted from the implied warranty if they expressly disclaim the warranty, or if the goods were made to an express specification of the buyer. If the buyer promptly and properly notifies the seller of a colorable claim of infringement the seller must agree to vouch in for defense of the lawsuit and satisfy any adverse judgment or the seller will be bound by any adverse decision.
Call attorney Peter A. Koziol, Esq. at 561-235-0725 to see if you have an indemnification defense for infringement, or if you are obligated to idemnify another person or business. |