Re: Jones Tactical RIPPING OFF Skid Plate!
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Savage110</div><div class="ubbcode-body">No patent means he can make it if he wants too even though that doesn't seem to be the case...........</div></div>
Actually no, it doesn't. Just because I don't have a patent on an original design doesn't mean I can't sue the hell out of a copy-cat if I care to spend the time and money. It just makes it a little more difficult to prove I was first to market with it.
But great ethical standpoint you have there.
"Once is by happenstance.
Twice is coincidence.
Three times is enemy action."
Time will tell if this is a continuing pattern. There are many in this line of work who don't have any innovation or ethics. Hopefully this is not the case here. I still smell some BS in this argument. </div></div>
Wrong. You cannot "own" the design for anything without a patent. It doesn't matter if you're first to market with it or not. The only way to own a design of a product is to apply for a patent from the USPTO. When your patent is granted, which will be years later, you will have a patent from the day of filing.
You don't have any legal right to exclusive ownership of a design without a patent. I have my doubts as to whether this item could be patented at all, considering what it is and how it's used.
The market has no inherent "ethics." There's plenty of profit for everybody.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Outsy</div><div class="ubbcode-body">I dont see how this is any different than going to a custom car shop and asking for someone else to to make a clone of a car but to different specs. </div></div>
Perfect example.
What do you think would happen if Chrysler decided to build a Corvette in a color GM doesn't offer with a 2" shorter wheelbase? </div></div>
Nothing unless it used the trademark, "Corvette," "GM" or some other item that was the intellectual property of someone else. Your example is clearly erroneous anyway.
This is more like a guy who copied the unpatented seat design of a five year old Corvette, manufactured the seat, and installed it in a Chrysler. So what?
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: J-Ham</div><div class="ubbcode-body">Not to mention that in an ideal world, we wouldn't need patents or copywrites. Asking if there has been any patent infringement is just begging for more lawyer involvement when that is the last thing America needs. We need honorable people who are trying to make and honest living while understanding that it's ok for the next guy to make a living as well.</div></div>
It seems that you have a fundamental misunderstanding of the purpose of patents and trademarks--especially patents.
The purpose of patents is to foster innovation by giving a person a short period of time for which they can have exclusive right to produce a design. That way, they can recover their R&D costs that would otherwise be history when everyone copied the product.
A patent comes with no enforcement rights. If you're not willing to "get lawyers involved" and sue, your patent isn't worth the paper it's printed on. The government isn't out taking people to jail for violating a patent.
Patents are limited in 1. scope and 2. duration for a reason. The purpose is so other capitalists can copy, improve, change, and produce and market the ideas of others.
The ridiculous suggestion that you "own" or otherwise can prevent another capitalist from using your idea without a patent is ridiculous. It violates even the SOLE reason for having a patent regime at all.
We, as consumers, WANT people to copy designs. It's what makes products cheaper for all of us. It's what allows the market to innovate and create a better product. And best of all, it does something about all the Barfcom losers hanging from Mark LaRue's nuts.
You want to own a design for something? Convince the USPTO that your product is useful, non-obvious, has not been patented by someone else, etc., get a lawyer to draft your patent application and have at it. If you make a product that is obvious, not a new idea, etc., however, you have no right to complain when someone else copies it.
It's no different than having 20 different brands of Aspirin at the store--the scale is just smaller.
Sometimes I wonder how America got so economically successful when I see people making these clearly anti-trade, anti-capitalist, anti-competition arguments when there's zero doubt that competition breeds success.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Tactical</div><div class="ubbcode-body">Must be some confusion, Stu is a friend but he has never made any of my products for me.
The following does not apply here but does in many cases:
On copies in general it is a huge problem in industry and purchasing copies because they are cheaper will only cause larger problems. You have guys who design, TxE and build gear. They have over head to pay for making things and changing them again and again to make them better. You then have guys who just reverse engineer and reap the benifits because they make more money on the products because all they did was monkey see monkey do, with no everhead.
If you buy from guys who only copy, you will eventually lose the guys who actually design things because they will go broke.
PM sent </div></div>
That's why we have a patent system in this country. Have something truly innovative? Patent it! Otherwise you have no right to complain if someone copies your product.
(and I am one of your customers and I'm very happy with your product. I'd never buy a cheap copy from someone else because I want YOUR product...no copy is equal. The value comes from the fact that it has your brand name and trademarks, to me, not the actual materials or whatever. I don't want to spend time evaluating your competitor's copies--I want the one that everyone knows works)
