Authentic makers sueing Cloners?

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Coldrake

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I believe this is a key issue... before you release a product, a wise person would copyright their design AND Trademark their company name an associated logos. It's not expensive nor very time consuming.
Many do. But it can take 2 or 3 years before the patent is issued. In the meantime if an overseas company steals their design, there's not much they can do.
 

Kendogalopigus

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Many do. But it can take 2 or 3 years before the patent is issued. In the meantime if an overseas company steals their design, there's not much they can do.


not sure if it holds any weight but can't they do a "poor mans" copyright, have the details in print with any pictures put it in an envelope and mail it to yourself, leave it unopened then you have documented proof of when you designed said product?
 

Midniteoyl

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Yes.. All you have to do is show you were the original artist/writer/whatever to claim copyright.. Sending to the USPTO only documents that you think you were first AND gives a time frame.

Registering a trademark says you claim it for your product/company, AND that there was 'due diligence' in the research trying to prove that no one else also makes the claim.

I think its very funny the number of people who are mistaking a copyright for a trademark and a trademark for a patent.. All three are very different. ;)
 
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Coldrake

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not sure if it holds any weight but can't they do a "poor mans" copyright, have the details in print with any pictures put it in an envelope and mail it to yourself, leave it unopened then you have documented proof of when you designed said product?
It doesn't matter. They already have that information in their patent application.

Copyright, trademark and patent are three completely different things.
 
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wheelie

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TheJakeBailey

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Well, here goes. My thoughts on this subject are ever evolving. I mention that because some of you have been around for awhile could find some of this contradictory. When I started using mechs and rebuildables, all I bought were clones. There was just no way I was going to spend $250-$500 on a mod, when I could get a reasonably built clone for $40. It just didn't make any sense to me. I participated in LOTS of these threads, read all of the arguments both ways, and decided that IF mod makers started selling some authentics in the $100 range, I would give one a try. Why? I don't know, really. I guess i always felt like the "It's just a metal tube" argument didn't really ring 100% true. If it's just a metal tube, then why do I want THIS metal tube. If there IS something that I particularly like about THIS metal tube that sets it apart from all of the others, then there is an inherent value in that. It doesn't matter if it's looks, functionality, etc. If it were just about having a functional piece of equipment, a Magneto would be fine. But I didn't want the Magneto, I wanted the Nemesis. If i just wanted the metal tube, then why get a clone with logos? Why not a logo less model? But still, there is the issue of price.

So a couple of months ago there were several authentics hitting the market in the $100 +/- range. I decided to put my money where my mouth is. I now own 4 authentic mechs, and 4 authentic RDA's. I paid what I thought was a REASONABLE price for them, and I would not have paid more than I did. I still use my clones at work where I won't be all that bothered if I drop one. And I haven't gone Anti clone.

I've never had an issue with companies trying to protect their product, even if I had bought one of the items in question. If I made a product, I would want to do the same thing. But then this whole Kryptonite ECC thing happened, and it REALLY ...... me off. So I'm suppossed to buy authentic products, support real people, etc? I'm sorry that one red cent of my hard earned money went to a company that acts like that in public. Protect your product, but don't behave like an animal to do it.

So now I'm trying to be an educated consumer. I watch for products that I like, that I think are reasonably priced, and then I watch how the company behaves. I recently ordered a Super T Workhorse, and if the reviews I've seen are even close, it will be an amazingly well spent $69. I had my eye on the Flagship by SMK for a couple of weeks. $99 with an innovative ball bearing switch assembly, sounds good. Then the word went out this weekend that they had already been cloned, and I really liked the way the handled it. Into the cart it went. I want to buy products that I like, and if i'm going to pay a bit more for it, I want to like the people that I'm supporting as well. Conversely, if Kryptonite released the end all be all greatest mod of all time for $50... i wouldn't buy it.

I can't make decisions for any of you, tell you what's right and wrong, etc. But at the end of the day, don't make excuses, own it. Whatever your reasoning for YOUR decisions.
 
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bcalvanese

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I think the Chinese invented the electronic cigarette.

All the US is doing is making mods... making them rare so they can drive the price up so they can make a million percent profit on them. China clones them and makes them affordable, and in many cases makes the clones as good as the original (and even better in some cases).

As long as there are greedy mod makers, their will be clones, and I will buy the clone if I feel the original is over priced by a greedy mod maker.

This country has become over run with greed, and I am sick of it.

I hope these greedy mod makers spend every penny of their profits trying to sue the Chinese, and lose it all.

JMHO.
 

roxynoodle

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They have a right to try to protect their products.

TBH, I sure wish I could afford all authentics. I can't so I have clones or cheap Chinese authentics mostly. But, it is theft to not only copy the design, but the authentic's name, logos and even the box.

A mech mod might not have a lot of innovation from one to the next, but consider the Kayfun. That changed the game on tanks and a lot of R&D went into it. And even new, authentic rtas have borrowed to some extent on that design.

Years ago I landscaped my front yard. Three of my neighbors immediately copied it. I'm still angry about it.
 

LupinIII

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This issue comes up in a couple other hobbies of mine - knives and flashlights. Lots of similar arguments justifying counterfeits. In the end I simply choose to support the original innovator who created the design. The people downplaying what goes into research, design, marketing, production, etc clearly have never created something themselves.

And talking about greed? Really? That $200 would buy me less than a month's supply of analogs but it gets me a proper mod that will likely last me years. I can save up to get the real thing, otherwise I simply will not buy it. Do not try and pretend like you are some saint of capitalism - greed is supporting theft and even worse, you believe there is nothing wrong with that.

Definitely a sad state of affairs. At least with knives and lights the communities support their craftsmen.
 

edyle

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They have a right to try to protect their products.

TBH, I sure wish I could afford all authentics. I can't so I have clones or cheap Chinese authentics mostly. But, it is theft to not only copy the design, but the authentic's name, logos and even the box.

A mech mod might not have a lot of innovation from one to the next, but consider the Kayfun. That changed the game on tanks and a lot of R&D went into it. And even new, authentic rtas have borrowed to some extent on that design.

Years ago I landscaped my front yard. Three of my neighbors immediately copied it. I'm still angry about it.

Was that last part sort of a half joke?
If not you really ought to try looking at it a different way.

People who follow your lead probably hold you in high regard.
 

minimalsaint

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And a taco. Made from a waffle.
I have never seen a problem with exclusivity in any hobby. You don't need something that looks like a (insert cloned mod here) to have a good- even great- vaping experience. Wishing misfortune on any original manufacturer based on the premium price they put on their work is just.... Wow.
I have never hated anyone for making / owning / selling original gear. More power to them.
 
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