The legitimacy of a trademark on an opensource design

Let me repeat, PLEASE keep it Civil and Appropriate.

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Thanks for your time and work Nama There is some useless banter there but also some solid information that is pertinent to our community.

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let’s POLITELY tear trampa to shreds with factual evidence and cited sources.

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More like lets discuss the effects of competition on a monopoly in a free market, and the gain for the consumer.

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Well lucky for everyone, this forum is much more than just EU.:grin::joy:

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A factual summary thus far

Vedder’s ESC project has always been opensource hardware, opensource software. Anyone is free to duplicate it exactly as long as they credit Vedder in line with the GPL.

Vedder has a trademark on “VESC” so no new users (after his filling date) in the marketplace can use “VESC” to describe their electronic speed controller.

frank claims to have a world wide registered design on a box with 5 cables.

Where to now?

  1. frank needs to provide us all with his registered design number so we can all do a search in our country/region of origin to see what the design is. In Australia I would search here: http://pericles.ipaustralia.gov.au/adds2/adds.adds_simple_search.paint_simple_search

  2. Not only does there need to be a lodged design in your country/region the design needs to have been examined in your country/region to be enforceable otherwise it is meaningless, anyone can claim anything.

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So I have one question: @trampa You are saying you have a “patent” or some kind of a legal protection on your design. If so, why isn’t there any proof. If you would have/own said protection on your “design” why are you typing all the nonsense where you could have shut all our mouth with only one post by proving that you own the design patent or legal protection or whatever you call it.

So for me any discussion or rant about it is obsolete.

In my opinion Benjamin Vedder ist the one almost no one talks about. Please consider to support him by sending him support in form of a donation (Hope this is still his PayPal Address:https://www.paypal.com/cgi-bin/webscr?cmd=_donations&business=7ZMDJJFHUSCV4&lc=US&item_name=vedder.se&currency_code=EUR&bn=PP-DonationsBF%3Abtn_donateCC_LG.gif%3ANonHosted ) . He is the one behind all this who deserves that, offering the community the plans for a piece of high tech for free. I think he deserves that.

And please, I know people are upset about trampa trying to get the best in his interest but please get you things together, get over it and please don’t be so destructive. This community is about helping each other not ranting and hating… This will not get us far.

Just my two cents. Ron

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The multiple metaphors have confused me to the point where I’m not sure if I can wear these anymore… And if that’s the case should I call Vans Or Supra customer service to file my grievance?

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Well, I’ll take your cake analogy and raise you another cake analogy. Once, there was a man who wanted a cake. He went to his local supermarket, and saw a round chocolate cake with brown icing, and a round chocolate cake with white icing. The brown iced cake cost $350 USD, while the white iced cake cost $180ish USD. They’re both chocolate cake, one is just half the price of the other. It just makes sense. Sorry your prices are too steep. If I can get the cake I want for half the price, I don’t care if it looks similar. A VESC in a box will most always look like a VESC in a box. UPS, USPS, FedEx, and everyone else in the world use the same cardboard boxes to ship things. It’s the way the world works. :no_mouth:

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Looks like @trampa is having a hard time removing BOTH of his feet from his mouth…

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You have used a variation or derivative of the word “design” approximately 75 times in this thread. Just damn. :joy::joy:

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Trampa is to trademark as Devin is to vesc settings. If you stare into the abyss the abyss stares back.

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This is because frank is claiming a new/unique/novel industrial design.

Some info from IP Australia on registering and certifying a design:

Registration and certification are often confused. They are both stages in the design application process.

Registration Registration protects your design for five years from the date the application was filed and can be renewed for a further five years.

If you do not renew your design it will cease. Once the design has ceased it passes into the public domain and is free for anyone to use.

A registered right gives you, the owner: protection for the visual appearance of your product exclusive rights to commercially use, license or sell the design.

Certification Once a design has been registered it can be examined. If the examination results in certification your design right is then legally enforceable.

The benefits of certifying your design right are that if another person uses your design without your permission you can take action to stop them. You can only do this if your design is certified.

To be certified, a design must be new and distinctive.

The main purpose of examination is to find earlier, similar designs to the one you wish to protect. If the examiner finds an earlier design which looks too similar to yours, your design may not pass examination. It does not matter who owns the earlier design. Even your own earlier design can prevent you from protecting a later design.

The difference between registration and certification There are six stages in the design process. Registration and certification occur at different stages:

  1. you file a design
  2. you can request your design be registered
  3. we will do a formalities check
  4. once the formalities check is successful and/or any issues are resolved your design is registered
  5. once your design is registered we can examine the design if you have asked us to do this
  6. if we find your design to be new and distinctive we advise you that your design is certified - meaning you now have legal exclusive rights over your design.

& lastly some information on international designs lodged according to the Paris convention:

https://www.ipaustralia.gov.au/designs/understanding-designs/international-designs

**While frank has claimed a “registered design” he has never claimed it has been examined or certified.

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I was just pointing out the fact that if you say the same word 75 times in a few posts, you are over-explaining or bullshitting. Haha

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I have a solution and in all civility, just ban @trampa and let them try to backpeddle in court about the freely released schematics by BV. Let the courts decide, likely they are crying on here because they don’t have a case.

Else I feel this circle jerk will just continue. $0.02

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…and he won’t. He is using the weight if his ‘clsim’ as a strong arm tactic. His objective is to frighten other manufacturers away from making VESC6 clones by using the fear that he might surprise them.

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Ill say this…

If anyone on this forum is sued by Frank/@trampa for manufacturing a VESC6 clone that shows a reasonable improvement over the Trampa design, such as @stewii, and sells the VESC6 clone at a price at least 30% lower than Trampas I will pay your legal fees in full.

So yeah, there’s that, keep making them.

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well you are in luck @mmaner

& it won’t even cost that much (in Au, I doubt it will cost you sig. more in USA)

Examination can be requested from a third party Someone else (such as a competitor) can also ask for a registered design to be examined. You might do this if you wanted to test the validity of frank’s design. If this happens, frank would pay half the examination fee ($210 Aud), and you would need to pay the balance ($210 Aud). This is because if frank’s design is certified he will stand to benefit from the action. If frank does not pay the balance, the design registration will cease.

In this process you are also able to provide evidence to be considered in the examination of frank’s design.

To get the ball rolling you just need the design number.

**If frank’s design doesn’t get certified it will be de-registered.

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