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Re: Patent vs Trade Mark
In Response To: Re: Letters from Attorneys ()

Levis has money to spend on lawyers that most small garment manufacturers do not. Whether or not a patent applies to something probably shouldn't be based on how much money the litigants can afford to spend.

But, this does lead me to another conclusion I have drawn over the years. Often, the more applicable intellectual property protection, is probably a Trademark.

The example I like from our community is "hybrid" construction, typically meaning S&G hull with a strip deck on a kayak. I believe this term was coined for kayaks by the late Michael Vermouth at Newfound Woodworks. Now, everyone (in our tiny little world) uses the term.

After the fact Michael wondered if he should have patented the idea. We can argue over whether it is a novel innovation, but it was probably novel enough in the early 1990's that a patent would have been approved. The thing is, it is very expensive to get the patent, and expensive to defend.

Much easier would have been to Trademark the term "hybrid" in relation to kayaks. This wouldn't stop other companies from selling kayaks that have S&G hulls and strip decks, but they would not have been able to call them "hybrid". They would have had to call them something else.

It was quite some time between when Newfound Woodworks released their first hybrid design and when other companies started offering them. The term had become established and the new offerings would be at a disadvantage from the marketing perspective because they would be unable to use the term.

To me this is a fair way to deal with it. For example, Joe Greenly has the "rolling recess", this is a form of recessed cockpit. If he had a trademark, he could stop anyone from having a rolling recess, he just could stop anyone from having a recess suitable for rolling.

Messages In This Thread

S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak *PIC*
Re: S&G: first multi-chine kayak
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Patent Foolishness
Patent 6779477 *PIC*
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Pygmy Recessed Ckpt Patent
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Recessed Ckpt Patent: the Guy
Re: Pygmy Recessed Ckpt Patent
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Re: Pygmy Recessed Ckpt Patent *PIC*
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Re: Patents
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Re: Patents *PIC*
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Re: Pygmy Recessed Ckpt Patent
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak *PIC*
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Letters from Attorneys
Re: Letters from Attorneys
Re: Patent vs Trade Mark
Re: Patent vs Trade Mark
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Re: Patent vs Trade Mark, names
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Re: Patent vs Trade Mark
Re: Patent vs Trade Mark
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak *PIC*
Re: S&G: first multi-chine kayak *PIC*
Re: S&G: first multi-chine kayak *PIC*
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak
Re: S&G: first multi-chine kayak