Thanks for all the comments here, especially from the other business owners who have been through this type of thing before. Frankly I posted this to warn potential customers about cheap fakes, not to start a debate, or gain sympathy. I'm way too busy to to post more evidence about the law, how it's been broken, or the moral issue of stealing. I will only say that I've already spent thousands of dollars to try and prevent this type of thing, and recieved quite an education in patent/trademark law. Basically we are only protected to the point we can afford to defend ourselves, regardless of what we pay the government for.

Doug, I'm sorry if I gave you the impression that I'm pissed...not so. It's just that I usually take it upon myself to contact a manufacturer with a problem, before posting about the problem. No big deal, I'm sending you a PM with my phone # so we can get the leather glued back on your speaker grille.

 

My favorite comment! Thanks for adding some humor!

 

happy i could bring something positive to the thread.



regretfully this has now become a fundamental part of our justice system, including defending even our basic constitution guaranteed rights. those who know me wouldn't say i'm very political, but our slow loss of freedom is becoming more and more evident to me daily...
don't even get me started on the DMCA and fair use topics....

[QUOTE]1.Creativity and innovation always build on the past.
2. The past always tries to control the creativity that builds on it.
3. Free societies enable the future by limiting the past.
4. Ours is less and less a free society.

 

No trademark violation is possible wiht this one... what Mark should be shooting for a design patent. Design patents protect (at least in this case) ornamental designs, meaning the basic shape of his S-pods, regardless of the name and/or logo used to market it by another company. There is a possibility he could shoot for the uniqueness factor covered by design patents, but this is more easily shot down if it can be shown this has been done before in other vehicles (being hte first in an S is helpful, but not a guarantee of validity).

Been down this road for the last several years, and no, it's not fun at all. The moment you think you know what you're doing, someone comes along and says "But what about...". Patents/Trademarks are not the be all, end all of enforcement. Just because you own the patent to an item does NOT mean you can stop someone else from copying it immediately (in fact, it typically takes several years just to get them to stop through the courts), nor does it necessarily entitle you to any monetary damages if you do win. They merely give you the right to go after someone in the courts.

Oh yeah, and this is a big "Oh yeah"... if you do get a patent, you must enforce it on every infraction you're aware of. If you don't, the entire patent becomes null and void, and everyone can join in on the fun of copying your design. So, you best have the money to take everyone and their uncle to court, else it's a free for all and your design becomes public domain.