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Old 01-18-2007, 09:43 AM   #11 (permalink)
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i'd say come up with your own pump handle, the guide rods have got to be almost the same for a basic pump, and that should make it your own enough to get by. i agree with shartley that its a big risk to just copy when its really not that hard to come up with something on your own.
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Old 01-18-2007, 09:50 AM   #12 (permalink)
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As long as it's an 'item' and not a song, image, slogan, word, phrase, logo, a work of authorship, I do believe that all you have to worry about is a patent.
The fact the barrel condom is patented blow my mind though!
That is not correct. Like I said, people have been closed down for copying a GRIP which does not fall under any of those things you listed. It was about copying (or reproducing) an exact item, not one like it, or similar to it. For example, you can not legally take a Dye grip and make a mold of the grip and then sell what you make from it. You CAN however, make your own grip with similar shape and size and sell that. But the Dye grip didn’t need to be patented for them to be protected.

Again, this has been proven by actual real world situations. But again it is not about a similar product, but an EXACT copy of another company’s item. Heck in the case above the bootlegged grips even had the Dye logo indentation in them. Not the logo, but the indentation where Dye placed their logos.

There are other situations as well, but I think you get my meaning.

As for the barrel condom issue, you are not alone. I would think common sense would have prevented that from being approved. But the USPTO needs a serious overhauling before common sense can enter through their doors.
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Old 01-18-2007, 11:26 AM   #13 (permalink)
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Is there even a pat. on the wgp pump kits???? check into that first. If not then no worries. Worst they can do is make you stop selling them. they will not sue you without a friendly letter first.
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Old 01-18-2007, 02:40 PM   #14 (permalink)
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Quote:
Originally Posted by shartley View Post
Again, this has been proven by actual real world situations. But again it is not about a similar product, but an EXACT copy of another company’s item. Heck in the case above the bootlegged grips even had the Dye logo indentation in them. Not the logo, but the indentation where Dye placed their logos.
I'm not familiar with the product your refering to, so here's my question. The bootlegged grip didn't say Dye? (This would be Trademark infridgement)
Are you sure Dye didn't have a patent on the Look & Feel of the grip? (I forget the industry term)

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As for the barrel condom issue, you are not alone. I would think common sense would have prevented that from being approved. But the USPTO needs a serious overhauling before common sense can enter through their doors.
The USPTO makes basically no effort to verify if the patent lists all appropriate prior art. This is just fine with Industry because it keeps anyone without deep pockets out of the system. I'm sure there's plenty of prior art with Barrel Condoms. But no one with a big enough budget to appeal is interested.

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Old 01-18-2007, 03:16 PM   #15 (permalink)
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Quote:
Originally Posted by DarkStar View Post
I'm not familiar with the product your refering to, so here's my question. The bootlegged grip didn't say Dye? (This would be Trademark infridgement)
Are you sure Dye didn't have a patent on the Look & Feel of the grip? (I forget the industry term)



The USPTO makes basically no effort to verify if the patent lists all appropriate prior art. This is just fine with Industry because it keeps anyone without deep pockets out of the system. I'm sure there's plenty of prior art with Barrel Condoms. But no one with a big enough budget to appeal is interested.

-MR
The grips did not have that actual Dye logo on them.

You may be talking about trade dress? There are many things that fall short of a standard patent. And no, I am not sure they had any patents on the grips. I am sure a search would show if they did.

As for the USPTO and the Condom issue…. I agree.
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Old 01-18-2007, 09:31 PM   #16 (permalink)
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Do patents have a certain amount of time before the patent runs out? It is my understanding that when a patent runs out, it is fair game.

I would be easier to design a different pump handle....Why copy someone's design, make it better!
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Old 01-18-2007, 09:33 PM   #17 (permalink)
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I will see if I can find a patent on the WGP Kit, But if I change the pump handle a bit would i be safe?
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Old 01-18-2007, 09:43 PM   #18 (permalink)
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Ok, I think Im ok, i went to the online US patent office and searched WGP and WGP paintball. The only thigs it came up with that were patented by WGP were trigger frames and the autococker valve. SO I think Im OK.
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Old 01-19-2007, 12:52 PM   #19 (permalink)
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Heres a good reason to seek some legal advice when you start going into business. The big guys (i.e. the guys who dropped some big money in Bud's pocket, K2) have lawyers for stuff like this. Even if your in the right, it could be an issue.

Now, if you were to make the pump handle, larger, ligher, another color, another texture, another material, them its more into "accessory" territory.

Think how many aftermarket grips there are for regular firearms. As long as you arent directly ripping someone off you should be OK. BTW this legal advice was worth exactly what you paid for it....
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Old 01-19-2007, 01:57 PM   #20 (permalink)
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Why copy?

Even if you are worried about an infringment, you should stop. why would you want a direct copy anyways.

Think bootleg videos; its a copy, usualy worse then buying the real thing. why buy it... its cheap. It is still wrong. even if there is no patent under that name, someone else or some other company (that has been since baught out) might have submitted it. you still have the legal issues regarding intelectual property, wich can boil down to who has the better lawyers and the bigger pocket.

why make a direct duplicate, make it unique create a reason why people would want to replace what they have with yours. improve on the product, try to better the sport in some form. IMO if it is a "generic" copy i would not even touch it with an 11ft pole, unless it was atleast 1/2 less cost and then i would seriously doubt its ability. some things are just not ment to be copied.

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