- Joined
- Aug 25, 2007
- Messages
- 2,007
- Points
- 63
It's not about a patent or milos being the only one who knows how to make the product.
It's a case of trademark. Milos developed an image for his product. That whole image surrounding his product falls under trademark, and doesn't have to be registered. The "look" of the laser pointer, which he was the first to come up with, the putting the decorative cube with it, the advertising words, all of those things are distinctly and uniquely related to his product. Jake copied all of those things, made his product assume the "persona" of Milos's laser. This CLEARLY tried to confuse people and trick them into thinking they were buying Milos's laser, or at least making his product assume all the other properties we associate with Milos (like "quality"). If this were between 2 large companies, they would already be in court.
Lucky for all of us, it's not between 2 large corporations. So, it's not cool, Jake. It is a free country, but what you did is AT BEST not cool at all, and clearly frowned upon in this community. At worst, it's illegal and still completely not cool at all and frowned upon.
And Glaser, you're looking at copyright law. THIS IS NOT A CASE OF COPYRIGHT. And, your view of copyright is as though Milos released his design under something like the GPL, which he did not. This is about trademark, not copyright, and even if it were copyright, your view of the law is still only valid under certain license(s).
It's a case of trademark. Milos developed an image for his product. That whole image surrounding his product falls under trademark, and doesn't have to be registered. The "look" of the laser pointer, which he was the first to come up with, the putting the decorative cube with it, the advertising words, all of those things are distinctly and uniquely related to his product. Jake copied all of those things, made his product assume the "persona" of Milos's laser. This CLEARLY tried to confuse people and trick them into thinking they were buying Milos's laser, or at least making his product assume all the other properties we associate with Milos (like "quality"). If this were between 2 large companies, they would already be in court.
Lucky for all of us, it's not between 2 large corporations. So, it's not cool, Jake. It is a free country, but what you did is AT BEST not cool at all, and clearly frowned upon in this community. At worst, it's illegal and still completely not cool at all and frowned upon.
And Glaser, you're looking at copyright law. THIS IS NOT A CASE OF COPYRIGHT. And, your view of copyright is as though Milos released his design under something like the GPL, which he did not. This is about trademark, not copyright, and even if it were copyright, your view of the law is still only valid under certain license(s).