SRT Driver Posted August 26, 2006 Share Posted August 26, 2006 I received a call from a friend of mine that shot a match recently. A vendor not only is making a product EXACTLY like the one we have been marketing for a year but is calling their version of the product the EXACT SAME NAME!!! Trademarks and patents are fine but I want to get one of theirs in our possession before I get REALLY pissed off and start the legal sh_ _. And you can't do anything without getting lawyers involved. I hate that companies can't come up with original ideas themselves but have to resort to this. Link to comment Share on other sites More sharing options...
Malak Posted August 26, 2006 Share Posted August 26, 2006 there is a reason for so many lawyer jokes... Link to comment Share on other sites More sharing options...
Shawn Knight Posted August 26, 2006 Share Posted August 26, 2006 So uh what are we talking here? Grip tape? Sights? Something more gear related?? Link to comment Share on other sites More sharing options...
SRT Driver Posted August 26, 2006 Author Share Posted August 26, 2006 Gear related stuff. Link to comment Share on other sites More sharing options...
Shawn Knight Posted August 26, 2006 Share Posted August 26, 2006 Oh OK. Link to comment Share on other sites More sharing options...
XRe Posted August 26, 2006 Share Posted August 26, 2006 I gotta bet its your Barneybuddy, eh?? Link to comment Share on other sites More sharing options...
ima45dv8 Posted August 26, 2006 Share Posted August 26, 2006 Shawn, Check out the SRT's profile. You just might find a link to a product page. Link to comment Share on other sites More sharing options...
tightloop Posted August 26, 2006 Share Posted August 26, 2006 Bummmmmer!!! Link to comment Share on other sites More sharing options...
Shawn Knight Posted August 26, 2006 Share Posted August 26, 2006 Shawn,Check out the SRT's profile. You just might find a link to a product page. Ah-Ha!! Link to comment Share on other sites More sharing options...
Scooter Posted August 26, 2006 Share Posted August 26, 2006 It could be much worse. I used to work for a company when they got bought out, all the purchasing went through the parent company. Well instead of ordering an IC chip from the company that produced it, they outsourced it. We ended up figuring out that the IC chips we got in were copies. Everything down to the company's logo was copied. The only thing they didn't copy was the fact that the fake parts didn't work. I'm not sure how much legal action you can take if you didn't file a trademark or patent. Even if you did, lawyer fees can get outrageous. Link to comment Share on other sites More sharing options...
LdyGunner Posted August 26, 2006 Share Posted August 26, 2006 Very lame John! I hate it when people pull stuff like this. If you didn't have your patent files, what they did may have been technically "legal", but that doesn't make it right. For what it's worth I'll be getting mine from you, just as soon as I get a doublestack to go with them. - S Link to comment Share on other sites More sharing options...
shred Posted August 26, 2006 Share Posted August 26, 2006 FWIW, you have up to a year from your first public disclosure of an invention to apply for a patent on it in the US. There are some 'small inventor' and 'provisional' patents that are somewhat cheaper routes. In reality, unless it's a million-dollar idea, a patent is only a nice $10,000 plaque to hang on the wall at home (so sayeth the guy with 9... all paid for by somebody else ) Link to comment Share on other sites More sharing options...
SRT Driver Posted August 26, 2006 Author Share Posted August 26, 2006 Shred is 100% right. Even if you hold a patent and a registered TM, the obligation to pursue the matter is on the individual or company...limited by your bank account. It is more of a principle and priciples can get expensive. Link to comment Share on other sites More sharing options...
EricW Posted August 26, 2006 Share Posted August 26, 2006 (edited) Since I have direct experience with this as of late, I'll say something. Actions speak louder than words. And if someone's entry into the marketplace is through blatant thievery, that will pretty much tell people everything they need to know about that person and their ethics. Yeah, it's a royal pisseroo, but people get their own in the end. I'm going to make every effort to make it to the SHOT show next year if only for the sheer entertainment value of watching these losers going from booth to booth explaining why distributor "X" should give them large sums of money in exchange for stolen intellectual property. That might work in other industries, but it's not a recipe for success in the gun business. I'll also add that if imitation is the sincerest form of flattery, then intellectual property theft must be the greatest form of design validation. After all, you did such a good job they couldn't find a single thing to fix. Edited August 26, 2006 by EricW Link to comment Share on other sites More sharing options...
Malak Posted August 26, 2006 Share Posted August 26, 2006 I am not 100% sure on how to get it, but if you are still with in the time limit, and you can get the 'patent pending' status, I think the goverment defends the patent for you. Once you are awarded the patent, its your dime to defend it. which ever way you slice it, that sucks. Link to comment Share on other sites More sharing options...
EricW Posted August 26, 2006 Share Posted August 26, 2006 I've never heard of the US Govt suing anyone on a patent holder's behalf. Do yourself a favor and don't go to court. You can drop $50K in a heartbeat. The gun industry is 98% good and honest people. They *will* take care of the situation. Trust me on this. Link to comment Share on other sites More sharing options...
SRT Driver Posted August 26, 2006 Author Share Posted August 26, 2006 The gun industry is 98% good and honest people. They *will* take care of the situation. Trust me on this. Eric, I agree. When we first started our gig, I went to great lengths to research patents, TM names etc to make sure that the design was "original" and didn't violate anything. I'm glad I cancelled going to this match. That really would have been a waste of money. The steam coming out of my ears would have fogged up my glasses. Link to comment Share on other sites More sharing options...
shred Posted August 27, 2006 Share Posted August 27, 2006 I am not 100% sure on how to get it, but if you are still with in the time limit, and you can get the 'patent pending' status, I think the goverment defends the patent for you. Once you are awarded the patent, its your dime to defend it. which ever way you slice it, that sucks. Submitting the paperwork for a patent or provisional patent lets you legally use "Patent Pending" (note that it is technically illegal to put that on a product if you haven't filed). All that does is give notice to any copiers that if they knock it off, they may be liable for more damages (if that), if the patent finally grants. Until that point, nobody can sue anybody for violation since the US PTO may decide not to grant the patent anyway. Link to comment Share on other sites More sharing options...
Smokey Posted August 27, 2006 Share Posted August 27, 2006 As someone who has used John's "product" for the last 8 months, loving every minute of it, and will continue to use them at every match....f*&k those a$$hats!!!!!! Don't worry JB, I've told everyone who asked where I got them and why they rock!!! Now I'll just add that there is an imitator out there and that they need to make sure they get them from the ORIGINAL maker who spent the time and effort in development. The shooting brother/sisterhood is a great bunch and with everyone who knows about the situation spreading the word you'll come out in great shape!!! Keep your chin up and keep swinging John! -Shawn Link to comment Share on other sites More sharing options...
Loves2Shoot Posted August 27, 2006 Share Posted August 27, 2006 Have you had a heart to heart with the guy? I first saw a design that is very similiar to yours about 6 or 7 years ago. I gave a shooter one of my Bianchi mag pouches and he came up with a product that looks like it could be the big brother of your product. He was a master cowboy action holster maker and made 4 of them, he retired from shooting and as far as I know they were the only ones he made. You might have a friendly conversation and keep an open mind. There is a possibiliy that he may not know of your product. I've seen it happen before. If he stole it, you'll know right away and then, well do what you have to do. Link to comment Share on other sites More sharing options...
Three Glock Mike Posted August 28, 2006 Share Posted August 28, 2006 A vendor not only is making a product EXACTLY like the one we have been marketing for a year but is calling their version of the product the EXACT SAME NAME!! I looked at the pic on your site and it doesn't look the same. I also have one that is 3-4 years old that came from someone else that makes holsters and he called it the same thing. Link to comment Share on other sites More sharing options...
SRT Driver Posted August 28, 2006 Author Share Posted August 28, 2006 There is a possibiliy that he may not know of your product. I've seen it happen before. If he stole it, you'll know right away and then, well do what you have to do. According to 3 Glock Mike, the opposite may be true. It's not on their website and the only reference I can find for the name is ours. This may be an odd coincedence. If that is the case, then we'll remove all reference to the name, kill the url, and chalk it up to experience. Link to comment Share on other sites More sharing options...
Shawn Knight Posted August 28, 2006 Share Posted August 28, 2006 Ok with more on the story and more about the product I can say this. SRT- You most likely had an idea for a completly new product in your mind. The other guy might have had the same idea OR copied you. Smart people usually come to the same conclusions. You all made the same or similar products, now ask yourselves. Who makes it better? Over at xdtalk we had some controversy about a forum sponsor. He was taking the idea of another forum sponsor and turning it into a DIY project. This guy purchased the other guy's product and made a template. Then he sells the template! Selling the plans for someone elses idea outright. That is straight stealing IMHO. Link to comment Share on other sites More sharing options...
ampleworks Posted August 31, 2006 Share Posted August 31, 2006 (edited) Yep, precisely the reason my posting at the XD forum is pretty much nothing but in the USPSA forum now. When its comes to the point of the forum moderators supporting the thief, I drew the line and stopped contributing. Edited August 31, 2006 by ampleworks Link to comment Share on other sites More sharing options...
HI5-O Posted August 31, 2006 Share Posted August 31, 2006 This topic showed me the next gear I will be purchasing. Didn't know these existed, thanks. ba Link to comment Share on other sites More sharing options...
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