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Old 01-18-2007, 01:27 AM   #1 (permalink)
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Can I get sued for this (pump handle)?

I was wondering if I could get sued for making and selling new WGP Sniper kits, My first batch is not finished, but I cloned the WGP sniper pump kit. The handle, guide rod, and pump rod are exactically the same as a WGP. The only difference is the colors, The first one is clear, the second is yellow, and the third is green. Is there any way I could get around being sued by say, changing the pump handle a little bit?
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Old 01-18-2007, 03:20 AM   #2 (permalink)
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How many are you thinking of selling, exactly? I doubt that a smallish operation would register on WGP's radar.
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Old 01-18-2007, 06:17 AM   #3 (permalink)
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The question should not be IF they will sue you but if they have the legal right to (as you asked). And I would say the odds are good they do. And then you can either do what is right and legal, or not. The “flying under the radar” approach is not very honorable IMHO, but we see it all the time in the paintball world. And then we see folks get all upset when they get stepped on because of it.

My advice to anyone is to simply not directly duplicate someone else’s product. Take the time to design it yourself. If it is a pump handle or grip, make your own prototype and then copy THAT. Don’t simply make a duplicate of another company’s product in another color or material.
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Old 01-18-2007, 07:15 AM   #4 (permalink)
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Didn't they stop producing pumps and pump kits?
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Old 01-18-2007, 08:32 AM   #5 (permalink)
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Doesn't really matter as far as the law is concerned. They have every legal right to hit you like a ton of bricks. Will they? Probobly not. Could they? Yup.
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Old 01-18-2007, 08:56 AM   #6 (permalink)
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I'm confused then, what makes a series of metal rods and a chunk of plastic so unique in concept? A particularly patented design I can see, but having the patent on the concept of pump action itself would be like owning the #2 pencil. It's simply a componet of a gun action in the most generic way.

How is it different that a barrel condom for instance, or an entire Nelson paintgun?
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Old 01-18-2007, 09:10 AM   #7 (permalink)
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You don’t need a patent to protect your intellectual property. 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.

In simple terms if you copy an item EXACTLY (or even very close at times) you can get in hot water if you try to then sell those items. Paintball grips are also generally not patented, but there have been cases where people have been shut down because they made copies of other companies' grips in other materials and or colors.

The real problem comes in most of the time when it is a bootlegged item, not one “like” it. Not just a grip or a pump handle, but an exact copy of another company’s work or item. And when it is so relatively easy to just make your own version, why even run the risk of a direct copy?

Oh, and barrel condoms ARE patented. It was approved back in 04. They have just not enforced it to my knowledge. But since SP and the patent holder put out a press release mentioning the patent (which I did not know was actually approved) I have stopped selling mine. I am waiting to see how the wind blows on this one.
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Old 01-18-2007, 09:17 AM   #8 (permalink)
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Quote:
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You don’t need a patent to protect your intellectual property. 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?
Copyright and Patents are very different concepts. I know you know this, but don't confuse the masses.

Some things can be patented.
Some things can be copyrighted.
Rarely do they mix.

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Old 01-18-2007, 09:21 AM   #9 (permalink)
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Copyright and Patents are very different concepts. I know you know this, but don't confuse the masses.

Some things can be patented.
Some things can be copyrighted.
Rarely do they mix.

-MR
I was not trying to confuse anyone, but instead showing that for protection you don’t need to patent an item. incynr8’s post made it appear that the only thing folks needed to worry about was a patent and if an item didn’t have one you were free to copy it at will. My point was that this is far from being accurate and most of the time it is not patents folks need to worry about but many other things which give an original owner, designer, or business, the rights to an item.
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Old 01-18-2007, 09:30 AM   #10 (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!
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