The legitimacy of a trademark on an opensource design

There are numerous HW 6 designs out there and most of them look completely different, according to the requirements the developers had. @Kug3lis made an enclosure from two parts, which is completely different to ours.

Our design is only one of many many ways how to style a product around a HW6 PCB, and the PCB is also not locked down to the exact layout we use.

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Kids just stop! it’s like the dumb leading the blind!!!

@trampa frank can we please have your registered design number for the box that you have mentioned that encloses BV’s open source hardware and software?

there is nothing else to discuss at this point.

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@Cobber @Arch @JohnnyMeduse Thank you for bringing clarity to the legal matter.

@Namasaki thanks for tracking this for us too, it allowed me to read through it all no sweat. Where do you find the time to manage that?

@stewii as a beta tester from your awesome ESCape I can only say : cheer up and keep the damn good work on track! Heck I’d never even have bothered with HW 6.4 if this was not for your action.

@trampa Don’t you remember few months ago when I was angry at @Ackmaniac cause I wanted to work on porting the OS software over and files were not yet available. I believe we got to talk about it. Then Nico finally rounded what he was meant to and required files were hosted publicly.

Open source, open mind, open share. Give credits where it is due, but openly do what you want. Just contribute. That’s what the core of OS community should be period.

Anything going against that principle should be met by Lucille and Negan.

What exactly are you trying to achieve by patronizing people on their creativity, and how dare you? On which basis?

There is no reference HW available till today on Benjamin’s VESC. He released schematics, BOM, software for the community to grow and expand.

Well that’s what is happening right now. People get their hands in the mud and get the work done!

Why don’t you take part in it instead of trying in vain to control it?

Don’t hinder progress made on Ben’s work. Don’t call Lucille over to your brand. You went OS the moment you decided to take Ben in, now you should act accordingly.

I’ll rely this thread to the French community by the way. People should be aware of what is going on.

Edit : BTW here that’s Lucille.

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@trampa just give us the registered design number for the box already…

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The EU, nor the UK require your designs to be registered. You can publish your designs and that gives you protection for the published designs (URD). You can publish them in BW, with colour or as line drawings. In he US or other countries this legislation doesn’t exist, so you have more freedoms to copy products in those countries. I the EU URD (Unregistered Design) and RD exists in parallel.

The purpose behind this EU/UK legislation is to assure enough difference between products placed on the market. The further you place your product apart from the competition, the less you are in the danger zone of being found fraudulent. In consequence it is wise to chose a substantial different design if this is an option. It usually doesn’t hurt and puts you and your product in a much more comfortable position, creates uniqueness that is identified with your brand, which works in your very own favour anyway. Two good reasons…

Frank

LoL :joy::joy::joy:

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Don’t hold your breath. I can see he’s about to respond with some long BS story which will be colorful, probably have a few shoe comparisons, and once again he’ll call it a 1:1 copy, thinking if he just says it enough times it’ll become truth. Frank, just tap your heels together and say the times “there’s no place like home, there’s no place like home, this is a 1:1 fucking copy!!!” Well, maybe don’t do that, it might make you look even worse then your arrogance has done to you here. I gotta say I really feel sorry for the other two who are in business with you. Maybe they can deduct the amount of sales that drops as a result of this from your end. Regardless, I have never in my life met someone in a position of authority who should know how to behave act so blatantly irresponsible and destructive. You are acting in a way that is corrosive to your brand, and your customers and I don’t think anything can be said to get you to stop and cut all the bull shit and just either release the patent number, or admit your don’t have one and this is all as we suspected, just an intimidation move gone horribly wrong. Either way, as I said before, everyone now knows that HW 6 can be purchased for less than half of what your greedy ass is charging, so expect sales to fall dramatically. You certainly earned this response!

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Oh, I guess In the time it took me to write this he posted, and wouldn’t you know it, there isn’t a design or patent number, just more of the Frank bull shit show! Way to go Frank. You never fail to disappoint!..

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frank is your design registered?

yes or no!

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why ignore @Cobber’s question? don’t have an answer?

oh well here we go again, cmon frank, I don’t have time to decifer all your essays about how you’re the victim and we’re attacking you

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I think his long post already confirmed that there isn’t any registration

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“You can publish your designs and that gives you protection for the published designs (URD). You can publish them in BW, with colour or as line drawings.”

Frank if you yourself even say this, then why don’t you produce anything at all to back up your claims!? Show us the designs you published! Tell us the patented number, anything. All your doing at this point is shooting yourself in the foot over and over again and the worse you make it, well you can substitute a more important body part as you keep F’ing up… Just stop the BS and show us one single iota of documentation!!!

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We went for a URD in different BW shades and line drawings for the VESC 6. It should not be a huge task to create products that differ from those designs to meet legal requirements. It is not our intention to block anyone from making similar products. Why would we want that? As long as a competing device is different enough to meet legal requirements, it is fine to place it on the market. We had some issues in the past with 1:1 copies of some of our products…

However, my position is explained above. Apart from the legal side of the mater, I would rather see people inventing and coming up with new ideas than purely imitating existing designs. All those builds up here are unique and that is a great thing. Personally I prefer variety of monotony. Why clone when you could also create something more unique that is just as easy to design as the clone?

Right, once again a total dodge, and you claiming this is all about the principle, and the integrity of design. As if the enclosure was shaped like a triangle, you would declare the ESCape a truly inspired design and you wouldn’t try and find something else wrong with it that you would then try and intimidate @stewii over just as you have now, and yet again, not show one shred of documentation to support your claim.

So once again, why not show us these documents in whatever shades you want I hardly think that matters.

You know what I think would be great, is if BV was too see how much of an ass you’ve made of yourself, and your company in this futile argument. Let him see exactly why his royalty checks or whatever your call it, from the sales of your VESC 6 are plunging in their amount, and then see how he wants to proceed in a business relationship with you. I think he would be much better served working with someone like @stewii than someone who’s word isn’t worth the paper it’s printed on.

Feel free to keep bullshit yourself and act like this is some altruistic fight over high design, and not simply a very greedy man who had low morales and lies, cheats, and steals others hard work.

You keep talking about 1:1 design copy, well the only thing I have seen thus far that fits those standards is the trucks you copied, which you practically admitted to.

Well, today the others will start to uncover your lack of patents and registrations and whatnot, so dare I say, this is the beginning of the end of your greedy monopoly over the HW 6. I hope you have just thousands of units ready to go and be sold… Chances are, you won’t be selling too many of them anymore, so you can take that financial hit out of your end, as all this is your dilusional doing.

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If it isn’t your intention to prevent people making similar produxrs, then explain what is the whole fuss about the lawsuit to the forumers who are making the other esc based on the HW6.4.

Their work isn’t a 1:1 copy. Is more like a 0.9:1 copy

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Every single one of these is true about Stewii ESCape. And yet you are still here whining…

And above all you should have told your little slave(how it sounds you treat BV) to not release the schematics in 2016 if you didn’t want other people building vesc6.4 hardware

It’s open source now. Move on.

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I’m curious what kind of song and dance presentation Frank had to give BV to get him to agree to license his product for this iteration.

The schematics are online for ages! Developers around the globe made HW6 based ESC from the moment enough info was out there and the software was ready to run them.

There are quite a few HW6 ESCs around, most of them are purpose made for a certain device.

Exactly, and none are for sale… the one that is for sale, you’re here complaining about…even though what was done here was exactly as you just explained.

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So basically if @stewii is not in the EU/UK there is little you can legally do about it so all you are doing is posturing trying to scare him off and what you are doing in reality is scaring off your own potential clients.

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