SD copy

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imeothanasis

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Is it true that inorder to avoid patent and copywrite issues you only need 7 points of difference? This DSE905 being produced by easily has those 7 points...

Even if it had 25 changes on it, it has the SD shape and that is enough for copiers and buyers too.
 

grimmer255

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Here's the thing folks the chinese are good people... regardless of what people think. The government is corrupted not the people.... the people cry and scream for change will it happen not for a while. And the chinese are good at inventing things and been good at it for thousands of years at least 5000 or more years... but they are also equally good at coping and thats what they do. YOu can try to fight it but its not going to do any good... look at the ecig it started with ryan within two years there are how many companies and they dont even work for Ryan.... Thats how the ball roles... Hes fighting his ... off to get his share... and is he... sure but its a small sum compare to the millions in profits the other companies are making... so do they care no.... thats the bottom line.

I agree with you its a damn shame people copy to make a quick buck... but unfortunately if your going to fight this you might as well get in the long line like all the other companies are facing right now. But again I see your point and i agree with you 95 %.
 

Stickless

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I agree Imeo, to a point.

Some things however are very limited in their respective shapes because of their intended use.
There are only so many practical variations.

Hamburger shaped telephones were unique, and they didn't copy the original design, but do you want one?
Comfort and practicality usually win out in the end.

Would you try and limit free enterprise and improving existing products for the sake of the simple shape they originally came out with?

Would we boycott better tooth brushes?
Reading glasses? Binoculars? Ear muffs? Gloves?
Pants? Baby bottles? Drinking glasses? Bras? Tires?
Pens and pencils? Cans of food? Egg cartons? Diapers?
What shape would you suggest for an improved condom? :lol:

Variations are nice, but the simple shape of certain items are necessary for them to be marketable. Focusing on the shape only and asking people to boycott a product with little mention to the obvious changes seems unfair.

Look around wherever you're at right now... some things are shaped the way they are because that's the most practical shape to use.

New materials, better functionality and safety features can enhance the product and provide consumers with lower prices, higher quality and an all around safer experience.

I'm all for beating a path to the door of someone who comes out with a great product, but if they're not willing to make any changes and/or improvements then that's their choice.

It simply "doesn't" work, for me... and "customer service" doesn't mean much if you're selling square hula hoops.

Good luck my friend. :thumbs:
 

markarich159

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In terms of the SD, since it is technically an improvement/modification of an existing, possibly patented, design(that particular brand of flashlight), Trog would have had to get permission from the original patent holder on the flashlight(if there is one).

In a broader, general sense, I'm not sure that any of these mods are patentable. Looking into this, patent laws usually require 4 things.
1. Object must be of Patentable subject matter.
2. must be novel(i.e. at least one portion of the object must be new)
3. *and here's the tough one* must be non-obvious(in US Law) or involve an inventive step(in European Law). Read up on this one for yourself, I don't think any of the commercially available mods meet this requirement. The only currently available mod I've seen that currently may meet this requirement is the GGT (and , when available the GGTs & AFS) since there is the additional non-obvious or inventive step of the transforming or changing capabilty. The rest seem very obvious extensions of a basic power supply(i.e. box or tube and switch).
4. Must be useful(in US) or be suceptible of industrial application(Europe).

Don't get me wrong, I own 4 mods myself, so I certainly support the makers & whole concept, but according to the legal definition, I don't think they qualify for patentability.
 

grimmer255

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I agree Imeo, to a point.

Some things however are very limited in their respective shapes because of their intended use.
There are only so many practical variations.

Hamburger shaped telephones were unique, and they didn't copy the original design, but do you want one?
Comfort and practicality usually win out in the end.

Would you try and limit free enterprise and improving existing products for the sake of the simple shape they originally came out with?

Would we boycott better tooth brushes?
Reading glasses? Binoculars? Ear muffs? Gloves?
Pants? Baby bottles? Drinking glasses? Bras? Tires?
Pens and pencils? Cans of food? Egg cartons? Diapers?
What shape would you suggest for an improved condom? :lol:

Variations are nice, but the simple shape of certain items are necessary for them to be marketable. Focusing on the shape only and asking people to boycott a product with little mention to the obvious changes seems unfair.

Look around wherever you're at right now... some things are shaped the way they are because that's the most practical shape to use.

New materials, better functionality and safety features can enhance the product and provide consumers with lower prices, higher quality and an all around safer experience.

I'm all for beating a path to the door of someone who comes out with a great product, but if they're not willing to make any changes and/or improvements then that's their choice.

It simply "doesn't" work, for me... and "customer service" doesn't mean much if you're selling square hula hoops.

Good luck my friend. :thumbs:

exactly... look at cars starts with one car company and now look.... there all over the place. And some look almost I identical. Hell some companies almost sound the same.....Honda .... hyundai.....

the best thing to do is go with the competition and keep improving your own products. Stay 10 steps ahead while putting your 5th step into production that way no one knows your improvements. And by the time they figure out your 5th step bring out your 6th step Intel has been doing this for years... but at the same time they've been lying to the people as well.... example Everyone remembers the PEN 4 processor right. Well the new net books have a processor called the Atom... its the same damn processor but with a different name but the atom is a down grade to the pent 4.... but not by much though... the pent 4 can do a few more cycles than the atom
 

markarich159

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pent 4 just came out 10 years ago and atom processor is almost identical in every way to it... for computer years thats like comparing 21 century NYC to 19th century NYC... but the technology still works.... ???

I'm not quite getting your point in reference to the patent issue. But in terms of patents on microchip architecture, I'm sure you would need a somewhat large law firm dealing specifically with technological intellectual property issues to even begin to sort it out.
 

imeothanasis

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In terms of the SD, since it is technically an improvement/modification of an existing, possibly patented, design(that particular brand of flashlight), Trog would have had to get permission from the original patent holder on the flashlight(if there is one).

In a broader, general sense, I'm not sure that any of these mods are patentable. Looking into this, patent laws usually require 4 things.
1. Object must be of Patentable subject matter.
2. must be novel(i.e. at least one portion of the object must be new)
3. *and here's the tough one* must be non-obvious(in US Law) or involve an inventive step(in European Law). Read up on this one for yourself, I don't think any of the commercially available mods meet this requirement. The only currently available mod I've seen that currently may meet this requirement is the GGT (and , when available the GGTs & AFS) since there is the additional non-obvious or inventive step of the transforming or changing capabilty. The rest seem very obvious extensions of a basic power supply(i.e. box or tube and switch).
4. Must be useful(in US) or be suceptible of industrial application(Europe).

Don't get me wrong, I own 4 mods myself, so I certainly support the makers & whole concept, but according to the legal definition, I don't think they qualify for patentability.

Mark, I dont think Trog asked for permission from romisen but I think that romisen wouldnt have a problem because trog advertise their product. But if romisen had a problem I believe trog would had stop it.

As for the GG, I agree to what you said, but I think trog has its rights too. Maybe he dont meet requirements but he meet what some people like. This shape. If trog can proove that people bought this copy because of shape, then he is a winner. And he can do it for sure.
For some people SD shape is what they like. Some others hate it. I only say here that if you copy the biggest advantage that a product have, then you are a real copier and you know it, all people know it too.
 

markarich159

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Mark, I dont think Trog asked for permission from romisen but I think that romisen wouldnt have a problem because trog advertise their product. But if romisen had a problem I believe trog would had stop it.
Oh I agree, and I'm sure we would have heard about any pending legal action by Romisen. But, technically speaking, Trog would have had to get permission(if Romisen would have pushed the issue). Plus, frankly, I don't think the SD market is big enough yet for them to even have noticed their patent was violated(again, this is assuming there even is an existing patent for the Romisen).

As for the GG, I agree to what you said, but I think trog has its rights too. Maybe he dont meet requirements but he meet what some people like. This shape. If trog can proove that people bought this copy because of shape, then he is a winner. And he can do it for sure.
For some people SD shape is what they like. Some others hate it. I only say here that if you copy the biggest advantage that a product have, then you are a real copier and you know it, all people know it too.

I understand your argument and certainly Trog does have rights if he patented his product (I don't know if he attempted this or not). My guess, however, would be the Chinese copier would use the existing law(s) to say that Trog's SD was not patentable in the 1st place(if I'm interpreting the law correctly - I may not be). I may not agree with this argument by the Chinese company, but they may be legally correct. This may be one of those situations where my or your personal feelings and the law are not, unfortunately, compatible.
 

Chrissie

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Imeo, I think I know where you are coming from re this thread as I've seen a certain USA supplier, over the last few weeks, getting ready to launch an e-cig that looks very much like an early GG without the safety button & battery venting holes. They also appear to be getting round the safety issue by coating the mod they are having made in a way that you dismissed (If coating gets damaged & it may be liable to shorting?). If I am missing something here, I apologise to you & that seller for being out of order.

Re the Screwdriver. I bought one last Christmas & though I haven't used it for several months (need to get a replacement button for it but if I eventually pluck up the courage to hit submit reply to this thread, I just hope Trog will still deal with me :D)

No offence meant to Trog, but as others have said, the SD shape is due to the flashlight he used (& very cleverly INMHO) so I really can't agree that Sailebao are copying Trogs designs. I also understand that Trog is getting another Chinese factory to mass produce the SD?. Maybe Sailebao have seen that factories prototype & decided to use the same flashlight to create their own mod but with the button in a different position? Therefore, they are just updating that factories unpatented e-cig model, rather than copying/fakingTrogs SD?

*Takes deep breath & plucks up courage to hit "submit reply & hides behind sofa :shock:*
 

crashtestjeep

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The way I see it, most products these days, are mere improvements of anothers invention.

Alot of people asked Trog for a side button. He didnt want that so another guy came along and started selling an updated version of trogs invention, with the "improvement" the people had asked for.

If Trog wanted the sales from the mass amount of people that requested he add a side button and leave the bottom for a master cut off, Im sure he would have made the improvement.

I have several SDs and to be honest, the button doesnt matter much to me, although if I had a choice, I prob would have one of each.

think of everything we have out todayy, if it werent for the people that took initiative to improve a product made by someone else, We'd still be using a stone wheel.....
 

Stormynights

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I think if a manufacturer is also the originator of an item, whatever it is called, should not be copied

If someone wants to make something new that is their right. To make a copy of someone else's design is not right. You shouldn't be able to profit from another persons hard work.
 
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