That is what patents are for. Any patented mods?
Clones Clones Clones...tired of it
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I think we need to draw a line in this thread between deceptive counterfeiting and clones. I think we can all agree that deceptive counterfeiting should not be condoned. Clone makers sell their products as 1:1 clones or styled and I think this is the topic on hand. Unless the OP shows up again and clarifies otherwise.
Jman hasn't realized none of these modders can get a utility or design patent because none can prove ownership
It's a modified flashlight. That's why we call them mods. You cannot patent an existing design that you did not create.
A cool logo doesn't equal a design patent.
The best they can do is trademark their logo because it's the only "design" they actually own.
Which some modders have done.
In the business world, logos that aren't secured legally are fair game.
True, it would be nice if the cloners didn't use the logos but if not protected, then like you say, fair game.
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The few that have registered logos have used the law effectively to stop clone sales.
Most modders don't even have a biz lisc. They don't even bother to register their business much less a logo.
I have to disagree. In order to patent something, anything, one has to bring a new idea or a new way of applying an old idea. A ceramic coil might be patentable a Kayfun 3 Mini, no way.
Patents didn't work that well before the global e trade revolution and they can only work for the largest players in the global economy. One needs to file in every country. One needs to aggressively defend a patent or you can lose it.
Patents benefit patent lawyers and large corporations.
Both Hanna mods and GP used logo patents to stop cloners from selling clones with their logos.
You can still buy the clones, they just don't have logos.
Yes but the logo is a registered trademark not a patent. Again one must register the trademark in every country you wish to protect it in. That assumes the country you are registering in allows the registration. Now suppose one has registered a trademark you still have to find and stop the offenders on your nickel. Ultimately Hana and GP customer pay to stop cloners from using the trademark.
Squape seems to fight too, aka triangle windows.
Erlk has an atty produced in China and more modestly priced, another option.
You are right, it's a trademark.
However as I said, two well known modders used this to stop clones with logos.
They sent cease and desist letters, which were complied with.
It's been proven a little effort and legitimacy goes a long way.
I see it as a huge effort goes a little way.
Dealing with the international legal system is never easy or cheap.
Small to medium size companies can not afford to play and as you said you can't patent (half) a flashlight.
Domestic market are protected from foreign competition by import tariffs, not so much by patents and registered trademarks.
Incorrect.
I owned a small company for 22 years, that manufactured suspension parts for the automotive industry.
It's very little effort to register a trademark, and even less to operate legitimately.
I make no excuse for laziness in business, and neither does the business landscape.
Step up or step aside.
I doubt it.
They lack capital to operate (pre-sales to pay for manufacturing), no biz lisc, no physical business address, no phone number.
This leaves the customer with no recourse and no warranty.
It's a scammers dream come true.
You think these amateurs have the forthwith to register a logo?
All the while, the vape community supports these bad business practices and defends them
What part is wrong?
What was your trademark, did you register it internationally?
Did you ever have to defend it?
I am not making excuses either just talking about the way the system works.
I am not offering an opinion on the morality of cloning either.
Yes I did. And yes I have.
In fact it was a major contributor in helping me to sell the company and retire.
Registering a trademark costs less than an authentic mod. Couple hundred bucks.
Sending a C&D letter takes another hundred bucks if you want an attorney to write and send it.
It's not hard or expensive, if you are legit.
Patents on designs do cost a lot more, (few thousand) mostly due to the legal research involved in proving you own (actually, prove no one else owns) the rights.
I had several trademarks and a design patent.
Jman hasn't realized none of these modders can get a utility or design patent because none can prove ownership
It's a modified flashlight. That's why we call them mods. You cannot patent an existing design that you did not create.
What about a particular shape?
I know they're basically all tubes or boxes but say I had one with flared sides at the bottom of the tube or made one that looked like a twisted drill bit. Could I get a patent based on that particular design alone? Maybe I make an octagon shaped box, could I patent that?
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