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|01-19-2007, 03:30 PM||#21 (permalink)|
All nail Drum!
You have all touched on the fastest growing and most highly profitable area of law; intellectual property. Some comparisons have been made that don’t necessarily fit in, and some really good points have been made. Before I got on with the government I worked in the Patent/Trademark section of Canada’s biggest Intellectual Property law firm as a Patent/Trademark Paralegal.(thats not a boast, thats a caution that I am NOT a lawyer)
“Do recording artists and producers patent their albums? But is it legal then to simply make a duplicate of their work? How about computer software? There are many examples of product protection that does not involve a patent.”
This is another area of Intellectual property. There are Performance rights, sound editing rights, Rights that are non-transferable such as moral-rights, there are computer-software engineering rights… these areas of law are all very specific and some of them can co-exist with a patent, but mainly they are apples and oranges. SHartley is absolutely correct: there are many forms of protection under the law that do not require a patent, or registration of any protection. For instance Copyright rights arise immediately upon the creation of the work, as long as it is affixed ‘permanantly’ (i.e. not written with mustard on a sandwhich)
As far as a patent is concerned, someone aptly pointed out that WGP may NOT have a patent on the Pump kit. It is possible to make products that IMPROVE OR ARE ACCESSORIES to existing patented items, without violating an existing patent, licensing and what not aside.
Imagine person A makes and patents a cane. Person B then makes a little hook to add to the bottom that allows it to bite into the ice. This is clearly an improvement and not an infringement.
As to can you be sued?
Anyone can be sued pretty much at any time for anything. The important question is would they have a case. Which would depend on their rights over pump kits, or if you infringed on any of their existing rights with your advertisement, wording, product, etc…
Legal advice? Not a bad idea to get some.
Last edited by Mar; 01-19-2007 at 03:52 PM.
|01-20-2007, 02:16 AM||#23 (permalink)|
Join Date: Aug 2006
I just checked and the only patents I found from WGP are their trigger frames and the autococker valve. When I finish them, I will post pics, If you want one now i can pic one up for you at my local shop tomorrow. Just out of curiosity would anyone be interested in these pump kits im making? Just wonder if I need to make more.
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|01-21-2007, 08:27 PM||#24 (permalink)|
Join Date: Jul 2006
Location: Clinton, MO
well you can't get blood from a turnip and WGP/K2 and their lawers know this. My current thought would be that it would cost them more to go after you than what they could get from you in court. If you go through with it I would think that they will give you a cease and desist order before they come after you and your money. If that is the case you would be wise to stop production and sales at that point in time.
This is what I currently think they would do in this situation but I am not a gambling person and don't recommend taking a risk such as this. I would feel a lot safer coming up with something original.
If you want, this is one I came up with to prevent the wobble w/o needing a second guide rod. As far as I know it has no copyrights or patents on it.
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|01-21-2007, 08:41 PM||#25 (permalink)|
Join Date: Apr 2006
Location: San Antonio
Just change up the design so that it is compatable but distinctly different. Aftermarket parts for WGP markers have been around for going on decades. I would use different verbage also when letting people know that I made them. White wolf, punisher and doc all made pump kits but they were custom and compatable. NOT "EXACT COPIES". That is the part the lawyers would get bent over.
|01-21-2007, 09:12 PM||#26 (permalink)|
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Join Date: Aug 2006
Location: Nicholasville, KY
Don't think they will sue you. Look at what happened to action markers. They got sued out of business because the illy looked to much like a sniper. Never mind that the internal design was compeletly different.
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|01-21-2007, 09:33 PM||#28 (permalink)|
Well it's funny how SP has the patten on barrel condoms,since Tom Kay introduced the in "91" at the music city open.
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|01-21-2007, 10:08 PM||#29 (permalink)|
I am in the market for a pump kit. I would like to see the finished product before buying it though.
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