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. 
6 Likes
4 Likes
You have used a variation or derivative of the word “design” approximately 75 times in this thread. Just damn. 
2 Likes
Trampa is to trademark as Devin is to vesc settings. If you stare into the abyss the abyss stares back.
4 Likes
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:
- you file a design
- you can request your design be registered
- we will do a formalities check
- once the formalities check is successful and/or any issues are resolved your design is registered
- once your design is registered we can examine the design if you have asked us to do this
- 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.
1 Like
3 Likes
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
1 Like
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
5 Likes
…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.
3 Likes
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.
18 Likes
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.
4 Likes
I will be starting this process tomorrow, thank you for the info. Thank you very much.
FYI, I did (or rather had done) a trademark and title search in the US. There is no spproved trademark for any device with the title of VESC6 in the US. It’s not possible to get an accurate view of what might be in process, but it is possible to see if there is a trademark in process that come before the TM.proxessing board within 90 days…no VESC6.
Im guessing, but I would think the US would be the first place to get a trademark for the number of consumers if nothing else.
5 Likes
here is the VESC TM @mmaner
Trade mark 1853614 (you need the equiv. number for frank’s design) IR number 1351012
Words VESC
Status Registered/Protected Priority date 14 Jul 2016 (Convention)
Class 9 Kind Word
Dates Renewal due 10 Jan 2027 Registration advertised 19 Oct 2017 Entered on Register 11 Oct 2017 Acceptance advertised 03 Aug 2017 Acceptance 27 Jul 2017 IR notification 22 Jun 2017 Registered from 10 Jan 2017 Lodgement 10 Jan 2017
Convention details Date 14 Jul 2016 Number 015661473 Country EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (EUIPO)
Owner Address for service Vedder, Benjamin Refer to WIPO address for Correspondence
WIPO address for correspondence SCHULZ JUNGHANS PATENTANWALTE PARTGMBB
Goods & Services Class 9: Controllers, in particular electric motor and generator controllers, flight controllers, controllers for robotic motion self balancing controllers and electronic speed controllers; controller for electronic door openers; electric motor controllers for elevators, escalators and conveyors; receivers, transmitters, transceiver and navigation or positioning devices, in particular GPS receivers, transmitters, transceiver and navigation or positioning devices, Glonass receivers, transmitters, transceiver and navigation or positioning devices, Galileo receivers, transmitters, transceiver and navigation or positioning devices; gimbals, particularly for camera stabilization and stabilization of scientific- and measurement equipment, projection equipment and weapon equipment; devices for navigation and control devices for stabilization, in particular autonomous navigation and flight stabilization; battery management systems in the nature of monitoring and regulating the charging and discharging process of a battery assembly; power converter; power inverter; software, in particular for the above mentioned goods
Indexing constituents Word VESC
4 Likes
Dude, you are a machine 
3 Likes
@mmaner Once you find the design number, look for the registration date. Then:
So you just need to find one design of something that is similar enough to dissolve the design registration, it can even be a pic, drawing, render… on a forum somewhere of frank’s case before the design was registered.
5 Likes
4 Likes
I’ve been wanting to put 8" wheels on my board for a while now and was seriously waiting for my tax returns to start ordering stuff from Trampa. Now, I’m gonna find somewhere else to spend my money I don’t want to support a company like that. Doesn’t matter if their products are better or worse than anyone else’s I can’t trust their business practices
6 Likes
Guys, just as an aside, don’t spend too much time on this. The certification process is pretty Australia specific, it doesn’t exist in the US, nor in Canada and not in the UK as well. Plus, I’m fairly certain if anything had been registered, we’d have the registration numbers by now. It’s still crickets on that front.
If he can’t show a simple registration number (this is the bare minimum for any IP enforcement attempt) for the UK, if be very surprised if you found one in Australia or anywhere else for that matter…
Anyways, just wanted to give you a head’s up before you go too deep in a rabbit hole.
Either way, don’t hesitate to ping me if you have any questions.
5 Likes
