Authentic makers sueing Cloners?

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jimbodaddy74

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But there are other original mod makers who have inventory that do loose sales when you buy the clone of "sold out" mod and not choose to buy the available mod. There are now great threads on here that have multiple original mods under $100 and under $50 and if you think your purchase of a clone does not take away from the sales of these mods you are sadly mistaken.

If the performance and quality of construction of an available authentic does not equal the performance of an available clone of a sold out authentic, then what? Sacrifice the performance and quality of construction in order to make some random jackball on the internet happy? Yeah, no.
 

snork

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rhean

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samcm010

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Thank you! I don't want to enter the debate here, which seems scary, but I thought someone would know.

EDIT: the comments are so cool! 2008 feels like the middle ages of vaping.
It does seem like the middle ages!.. I am not sure though what is scary about entering the debate here.
 

ItTechy

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Just curious: What was the first mech mod? I don't mean the mods people would make out of flashlights, tubes, whatever, but the first that was sold as a mech mod, all finished and shiny.

Among some of the first was the PureSmoker line of Mechs.

The company is no longer in business.

ProdigyFinal1.jpg

This was the Prodigy V1

I actually have one, and it still works!
 

paulw2014

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My opinion on this matter is this:

if the original item has no patent/trademark on it, then it's fine if someone cloned it. If the original patent has a design patent that only protects the look and appearance, then the clone must have some difference in appearance so that people would not confuse it with the original, otherwise it will infringe on the design patent. If the original item has an utility patent that protects the FUNCTION of the item, such as working principle, or an non-obvious improved design that offers unexpected benefits, then anyone that make a similar device would be infringing the patent, and such action should be strictly forbidden as it goes against everything an innovative, capitalistic nation like America stands for.

Luckily, most e cig devices are not very patentable from an utility perspective because they all use the same basic principle, that's why you see so many clones. I can't just change the shape or position or material of a coil post and patent my "new" atty because it's too obvious. In this case, I can't stop anyone from cloning my design. If, however, I discovered that by changing the atty chamber shape to a specific shape, I somehow improved vapor strength or volume by 1000%, for example, then this would be completely unexpected and non-obvious and I would expect to get paid for my R&D (patent it), and if someone want to clone my thing you can bet I would sue their .... off.
 
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paulw2014

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How many clones are sold with a name other than what they are cloned after? The faceless PRC companies are simply selling a device someone else created, and even selling it based on the name of the device they reverse engineered...

I'm not an expert in this area, but if the original designer has a trademark/patent in the US, can't he forbid the importation of infringing devices?
 

stevegmu

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I'm not an expert in this area, but if the original designer has a trademark/patent in the US, can't he forbid the importation of infringing devices?

By who? We can't stop drugs or millions of people from entering the US; certainly every piece of mail isn't inspected for counterfeits, either. Go to Washington DC and you will see bootleg DVDs and purses being sold blocks from the FBI headquarters...
 

ItTechy

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Is it actually possible for a mech mod to stop working?

It is, but it is very rare for a good mechanical mod to stop working to the point it is trash.

In the case of the PS mods there were switch kits available as long as the company was in business, and replacement parts.
(Of course this was a U.S. based company).

The same applies for the House of Hybrids mechanical mods; they sell replacement parts such as switches and such.
(Also a U.S. based company).

Essentially the mechanical mods are so simple there is little to go wrong with them!

The drawback is they are limited to their battery capacity, but in the good old days if your vape got weak, put a new battery in! :D
 

ItTechy

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I'm not an expert in this area, but if the original designer has a trademark/patent in the US, can't he forbid the importation of infringing devices?

By who? We can't stop drugs or millions of people from entering the US; certainly every piece of mail isn't inspected for counterfeits, either. Go to Washington DC and you will see bootleg DVDs and purses being sold blocks from the FBI headquarters...

You're both correct; it is illegal, but who is going to enforce it!

We cannot stop illegals from entering our country.

You can find every designers bootleg purses, bootleg DVD' right down the street from the Feds HQ.

But now vaping, there's something we (the government) have to stop...oh yeah...evil vapers.....who's kidding who...legal vs. illegal seems pretty cut and dry, unless you're a politician.....LOL :ohmy:

As I mentioned in a previous post in this thread, I bought a clone, if it works so be it, I lucked out (most do) if not, I knew what the risks were...

As I also mentioned why would I want to buy an "original" that is made in an other country (not U.S. or Europe) and pay 4 plus times for it, when the clone is being sold and reviewed as virtually identical in appearance and performance.

Lets face it, we are primarily talking about RBA' and RDA' as there are very few APV' being cloned compared to the attys..shoot the HOH ZNA' are being cloned, and House of Hybrids is offering to upgrade them to genuine Evolv DNA 30 chipsets, inspect and enhance wiring in the clones for $99.00!

Now that's good old American ingenuity, make a profit not only on your invention, but by also fixing and improving the knock offs! :thumb:
 
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dr g

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By who? We can't stop drugs or millions of people from entering the US; certainly every piece of mail isn't inspected for counterfeits, either. Go to Washington DC and you will see bootleg DVDs and purses being sold blocks from the FBI headquarters...

You can get customs to enforce your trademark at the border, but it costs. That's why it isn't widely done in vaping yet. But it is very possible and will be done more often in the future.

You will not see those things sold in legitimate venues, unlike what we see in the vaping industry. For the good of the industry, it has to move in line with other industries on counterfeiting.
 

snork

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