Re: Mount patents

[P3D emdesher <emdesher@xxxxxxxxxxxxxxxxxxxx>]

On Wed, 13 Nov 1996, P3D Harry Poster wrote:

> Dennis asks...
> >>>Are these chinese clones legal?  Aren't they violating the RBT patent 
> design for their mounts?  Or perhaps RBT didn't patent them?  Any word 
> from RBT on this?  I suspect they would be much cheaper then the official 
> aus Deutschland originals.
> 
> I looked at the RBT's at Rochester and noticed that no patent numbers were
> given, anywhere. It can't be expected to appear on each mount, but if my
> legal experience is correct, it MUST be on each package. I would assume
> there is no patents, and if there are, an infringer could get away in court
> because the LEGAL notice did not appear anywhere.
> 
> Of course, I also notice that on the EMDE mounts, no word of a patent. Same
> with the Realist, Sigma, Easymounts, Pego, and all the rest I've
> accumulated. (Only Realist mentions: "Trade Mark Registered"). I would guess
> that in the 1950s, these mounts were all just variations of each other, and
> if the designers took years getting patents, the craze would have been over
> before any sales were racked up. So legally, I would expect that all the
> makers lost patent rights, and all but Realist lost trade-mark protection on
> their brand name, both because the notice is not provided, and because in
> the 1960s-1970s the names were all dormant (except Realist), and up for grabs.
> 
>                      Harry Poster
> 
> 
You are correct that patent protection for EMDE stereo compondents has  
expired.  However, you are wrong about the current trademark status of  
the EMDE name.  It has been renewed by me.  Now for some legalese (one 
time posting, so please bear with me): For your information, please be 
aware that the EMDE trademark (name and design), No. 1,524,311, is
federally regristered to me for a term of twenty years commencing from
14 February 1989.  Federal law requires trademark holders to publicly 
indicate this status, and to protest all instances of unauthorized or 
improper usage.  P3D list members may use the EMDE brandname in their 
postings provided they understand it is a trademark, and use it only as a 
way to identify EMDE products.  Commerical use is not granted.  
Dennis Sherwood


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