The legitimacy of a trademark on an opensource design

Yeah can you explain that Frank? Be sure to use small words, I’m not as good with these things as you are… Lol…

Hit the nail on the head!

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Honestly when you put your software developers in ski masks for photos and videos. Yea. I see a problem. Locked out. It’s going to take this community to take it back.

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20180321_075413

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So here we have it…proof positive that Frank has been lying the entire time.

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questionable business tactics is one thing, but straight up lying is quite a whole new level :rofl:

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Schematics may be posted ages ago online. But the fact that the schematics didn’t specifically say what dimensions the circuit board are. But many developers see that the PCB at it’s current stage is already quite compact.

And since the forumers who did their own HW6.4 based on the schematics, it isn’t a direct copy. It is used as a reference. A direct copy is when a person had the exactly same pin in and pin out connections. Exact means 100%. If it isn’t 100%, it is used as a reference.

As much as I hate to sound sarcastic, the fact that you had the privilege to work with BV and then go about bitching to people about originality and innovation, you are not in the correct position. You simply made your design based on the circuitry that BV supplied you to work with.

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I’m gonna put in my 2 cents on this topic and I btw read the whole thing from post #1

I’m gonna approach this topic from the BMS perspective. With the @raphaelchang and his Battman and me and my FlexiBMS projects. Let’s see if we can draw some parallels in this case.

Battman:

FlexiBMS 0.1:

I doubt a few would say with a glance at the two boards above, that they are the same product. But fact is my pre-apha prototype (white board below) shared quite a lot with the Battman, but the fact is the project has evolved to a very different direction from there. Based on the performance tests I found some things lacking have then been trying to improve some of the blocks on the board on the component level. Now the whole design concept has changed very distinctively from Raphael Chang’s creation, with the separation of the discharge control board to it’s own module. This has been developed further on the concept level with the feedback from the community. I doubt there would be any chances to mix-up the two boards now. I suppose this is what @trampa is meaning by differentiating the design. Still a BMS, but different approaches.

Personally I couldn’t copy someones product 1:1. I would feel just scummy, so I made my own board first based on the “reference design” (Battman), learned how it worked and how to work it and then improved from there in the areas I found lacking and now it has become it’s own thing.

EDIT: Note, I bought 2 VESC6s from a forum member recently for 450€ total and I still feel the pain…

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well there you go @stewii & @bimmer carry on EscBuildingBro’s complications have been neutered…

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Quite different! Battman was an unproven and untested? design. Vesc6 was not! The design is very efficient and compact. And I wanted a square shaped product.

My pcb design is not 1:1 copy

But who came up with this layout anyway? http://esk8content.nyc3.digitaloceanspaces.com/uploads/db2454/original/3X/e/8/e832be63d05e5a2f270bface24a5c54b6a5808dd.JPG

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Some mockups were already published before FOCBOX saw the daylight

sith2

Sorry, just started making these and I can’t stop.

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So Stewii gets killed? That s%cks.

I was capturing a moment in time? Yeah, this one is meh.

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There is no such thing. There is always a fourth dimension.

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I went through this whole thing with a former customer. The lawyers got involved and as a result I learned this,

For there to be any design infringement whatsoever, the design needs to be exactly the same in all dimensions. Changes to the size or shape from one design to the next render them seperate and therefore not infringing on each other.

Yes this has been covered in earlier posts, but I’m completely confused by the fuss being created here.

Patent law is different because it covers the method of operation, regardless of cosmetic design, but if a product isn’t patented then even that is open season because you can simply move a few vitals to left or right, or change the size of some components to effectively create a brand new product.

If you cheaped out on patent filing, ie didn’t do it, then it’s your own fault if it gets copied.

Otherwise you need to show the two (in this case) objects and demonstrate that they are identical in form. If they aren’t, too bad again.

Fancy words and threats count for nothing if you can’t show that the two designs are identical in every way.

btw the way, my former customer lost his case against me, but it was expensive for both parties, and wasted a LOT of my time and energy :frowning:

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And there we have it! @stewii keep up the good work, you’re in the clear :slight_smile:

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As should be known I consulted with a Lawyer before I embarked on this whole endeavour. And the result was that I was in the clear. The fact that it is open-source plays a huge factor.

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@bimmer Is your B-box only diy or do you offer it fully built with enclosure etc…?

That was the plan and I did make 10 but after some issues I decided to only offer the diy version for now. I will most likely collaborate with Stewie and thus making what my lawyer said also count for him.

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