Patent markings and legalities

[P3D <JGoldenRRP@xxxxxxx>]

Dennis Sherwood 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.

Harry Poster said...
>>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.


Jon Golden replies..........
Harry.....I have been instructed by RBT, in writing, via their patent lawyer
to include, with every box,  a  copy of the mount information and
instructions, which shows the US-Pat. No: 4,942,684.   On any literature I
have, except my Ad , now that I checked, thanks...I'll get that changed, that
number is mentioned.

When RBT mounts come through customs...the patent number is listed on the
duties form, along with the clasification number.  I am not a lawyer, but if
a patent must be printed on the box , and that is what is legally required, I
will inform RBT on my end.  Funny though...Harry, you and I both collect
early transitor radios of the 50's...and I just took a stroll in to the
storeroom where I keep the original boxes for my transistors, and I am
looking at Philco, Motorola, Global, Widsor, Arvin, Westinhouse, GE,
Zentith....and none of them have any patent numbers on them.  Those are not
small companies we are talking about...so I wonder about this patent thing!
I also looked at some past correspondence from RBT , who have written to me
that RBT's are patent
ed in other countries, Tony Schapps ...perhaps you can fill us in on what you
know.  
Any other questions...let me know...Jon Golden/ RBT USA
                   


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