elbowmacaroni wrote:Rai, I totally understand your frustration. However, at this juncture even if you had protected the design under patent, the patent would be quite expired at this point.
I think a trademark would have been more suitable in this instance. The word "Bogota" in the context of lock manipulation tools would be registrable as what is termed an arbitrary trademark
. An arbitrary trademark is a word with an existing meaning (in one context) which is applied in a context which has no distinctive meaning or identity. Examples of arbitrary trademarks include Chicago
(Lock Company), Apple
(Smartphones and Tablets), Silhouette
(Vinyl Cutters), Canon
(Printers) and Alps
(Printers). My impression is that Rai doesn't mind so much that people are reproducing his design but rather that by calling their picks "Bogotas" or "Bogota" they are implying that Rai was somehow involved in their production either directly or that they carry his endorsement. Had "Bogota" been registered as a trademark the non-Raimundo products would not have been able to legally carry the name "Bogota". Also, trademarks don't have an expiry date, they can be retained indefinitely (as long as they are used; although some jurisdictions require renewal every 10 years). They will expire only if they fall into dis-use. But of course trademarks -- just like patents -- need to be protected in court and this can be prohibitively expensive for the small business.
Yes, perhaps so, perhaps not.. trademark is an interesting branch of law here... Most likely so. However, that would allow them to reproduce the picks under a different name which honestly with what 99% of them out there are calling bogotas is a fucking shame so maybe it would be better if it hadn't fallen into a generic term category without prior trademark protection. I also gather that he is taking umbrage with the fact that they are producing IMHO a VASTLY inferior product under the same name and to add insult to injury not giving credit where due (not legally, but ethically.)
You do raise a good point, however, it is far too late in the game to engage that tactic.
Honestly, it pisses me off too, because I have to explain the difference to people (esp noobs, which is fine, I don't mind helping noobs) between these so-calleds and the real thing. THe difference is AMAZING.
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