GM sues replica Corvette maker

[Rich Z]

Originally Posted by road pilot

Patent's and copy right laws have been broken. They Moongoose
deserve a law suit and to lose. Do the right thing--it is always
the easiest way. They should of contacted GM and asked permission
to copy.

I thought a patent expired after 17 years?

[Shadow]

Originally Posted by road pilot

Patent's and copy right laws have been broken. They Moongoose
deserve a law suit and to lose. Do the right thing--it is always
the easiest way. They should of contacted GM and asked permission
to copy.

I don't think so:

COPYRIGHT (Defined):
http://www.lectlaw.com/def/c132.htm

COPYRIGHT
The exclusive right to copy.

The owner of a copyright has the right to exclude any other person from reproducing, preparing derivative works, distributing, performing, displaying, or using the work covered by copyright for a specific period of time. Copyrighted work can be a literary work, musical work, dramatic work, pantomime, choreographic work, pictorial work, graphic work, sculptural work, motion picture, audiovisual work, sound recording, architectural work, mask works fixed in semiconductor chip products, or a computer program.

Facts, ideas, procedures, processes, systems, methods of operation, concepts, principles or discoveries cannot themselves be copyrighted.

The copyrighted work must be original. An original work that closely resembles other works can be copyrighted so long as the similarity between the two works is not the result of copying.

The property which has been secured to the author of a book, map, chart, or musical composition, print, cut or engraving, for a limited time, by the constitution and laws of the United States. Lord Mansfield defines copy, or as it is now termed copyright, as follows: I use the word copy in the technical sense in which that name or term has been used for ages, to signify an incorporeal right to the sole printing and publishing of something intellectual, communicated by letters. .....

.....Duration Of The Copyright. The right extends for the term of twenty-eight Years from the time of recording the title of the book, etc., in the office of the clerk of the court, as directed by law.

Originally Posted by Rich Z

I thought a patent expired after 17 years?

TRADEMARK (Defined):

http://www.residual-rewards.com/trad...efinition.html
A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of another. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.

Trademarks, copyrights and patents differ. A copyright protects an original artistic or literary work while a patent protects inventions or discoveries.

EXPIRATION OF TRADEMARKS:
http://inventors.about.com/od/copyri...expiration.htm

When Copyright Protection Becomes Public Domain
The data below will let you know when you can safely use a piece of art or music without permission because it is now in public domain after copyright protection expiration, or how long the copyright protection will last.
Published before 1923 - now in public domain

Published from 1923 to 1963 - When published with a copyright notice © or "Copyright [dates] by [author/owner]" - copyright protection lasts 28 years and could be renewed for an additional 67 years for a total of 95 years. If not renewed, now in public domain.

Published from 1923 to 1963 - When published with no notice - now in public domain

Published from 1964 to 1977 - When published with notice - copyright protection lasts 28 years for first term; automatic extension of 67 years for second term for a total of 95 years.

Created before 1/1/1978 but not published - copyright notice is irrelevant - copyright protection lasts for the life of author and 70 years or 12/31/2002, whichever is greater

Created before 1/1/1978 and published between 1/1/1978 and 12/31/2002 - notice is irrelevant - copyright protecion lasts the life of author and 70 years or 12/31/2047, whichever is greater

Created 1/1/1978 or after - When work is fixed in tangible medium of expression - notice is irrelevant - copyright protecion lasts for the life of author and 70 years based on the the longest living author if jointly created or if work of corporate authorship, works for hire, or anonymous and pseudonymous works, the shorter of 95 years from publication, or 120 years from creation.

PATENT (Defined):

http://en.wikipedia.org/wiki/Patent
A patent (pronounced /ˈpætənt/ or /ˈpeɪtənt/) is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention.

The procedure for granting patents, the requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must be new, non-obvious, and useful or industrially applicable. In many countries, certain subject areas are excluded from patents, such as business methods and mental acts. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.[1]

PATENT PROTECTION:
http://en.wikipedia.org/wiki/Term_of_patent

United States
Main article: Term of patent in the United States
In the United States, under current patent law, for patents filed on or after June 8, 1995, the term of the patent is 20 years from the earliest claimed filing date. For patents filed prior to June 8, 1995, the term of patent is either 20 years from the earliest claimed filing date or 17 years from the issue date, whichever is longer. Extensions may also be had for various administrative delays. (The exact date of termination may be zealously litigated, especially where daily profits from a patent amount to millions of dollars, e.g., pharmaceuticals.)

Other types of patents may have varying terms. For example, in the U.S., design patents (based on a decorative, non-functional design) typically have a 14-year term.

If the United States Patent and Trademark Office (USPTO) delays the issuance of a patent, it is possible to receive extensions. This may result in patents being issued for periods longer than 20 years. The reasons for extensions include:

Delayed response to an application request for patent.
Exceeding 3 years to consider a patent application.
Delays due to a secrecy order or appeal.
It is possible to receive time extensions equal to the amount of delay.

I actually think we may be talking about "patents" vs. "trademarks."
Unless these knuckleheads are using the "GM" logo, "Bowtie", "Crossed Flags", or other recognized and trademarked/copywrited indicia as a part of their marketing or distribution package.
If that's the case, they need to cease immediately!!

I know thier ads indicate that it's a "replica" of the "GS Corvette", and maybe using the name might cause a slight problem for them; however, it's nothing a name change and *Disclaimer* can't fix

Hell, I'd do one of 2 things:

1) Slight change in the styling (I"m sure there's something they could change to make it even better!)
2) Change the advertising: Now! Even better than the original GS Corvette as designed my GM. Our version of the (you name it), an updated replica of the original...blah blah blah....

Other than Copyright, any way you slice it, the "patent" or "trademark"
issue appears to be moot.

I'm not attorney, don't even play one on TV, so if one here that has a specialty in commercial litigation would like to chime in, feel free, I'm all ears

As far as them "deserving" to be sued, "deserving to win" or GM deserving to prevail, I'd have to respectfully disagree with you.

GM has done absolutely NOTHING with this design since it's implementaion and final production. All of a sudded, because they are in deep **** financially, they are "concerned" about thier trademarked work and the image of the company? Give me a freakin' break!

Bottom line is, they are greedy

It's like the person who hasn't used something for 10-20 years. When someone suggests we give it away, sell or donate it to a worthy cause thier response is Oh no! I "might" use that one day

Why not have the reps from GM, calmly and politely (not in some legaleese letter written from an anonymoous legal someone) sit down with the management and owners of the company, discuss the issues, and see if they could come to a resolution that might be in everyones best interest?

Because that would require common sense and decency.....

I'm sorry, but I think GM deserves to have thier hand slapped on this one.

(PS-*DISCLAIMER* Note the Quotations tags-this is NOT my work. Got to watch those copyright infringement issues)

[floridaZ]

Originally Posted by als2052

The General is probably worried someone will put out a better product...

I'd say they are about 15 years and 6 or so "changes of the guard", if you will, late on that one. In fact, I would argue that Toyotas and Nissans were of better quality in the late 80s than any then common GM product. Speaking of course of "modern GM" companies. Or at the very least, they don't seem to keep as well.

[Melsy]

Putting out a better product than the General is VERY easy to do!!!!

[ironhorse]

Funny how those assH**s could sue anyone?, don't the general public tax payers own there arse?...Quick call OBAMA...

[Shadow]

Originally Posted by ironhorse

Funny how those assH**s could sue anyone?, don't the general public tax payers own there arse?...Quick call OBAMA...

I liked that!

Hang on a minute, I'm on the phone......