Guest
09-11-2003, 03:57 PM
I have seen a lot of boats and molds and some of them look rather similar. Can one copy a boat design or is it illegal? Would small modifications make it a diferent design? How do i know if a mold i am buying doesn't belong to some else already?
I guess the first question is what's the point? If you want to build boats and you can possibly do something unique which represents your own vision, why copy something else? If you just copy something else, what's the point in all the work? If you simply want to make profit and don't have the time to create something unique, you would be better off spending your time making money in another line of work and then just use the profits you earn to buy the boats you want or a dealership or something.
As to the can of worms you've asked about, it all depends (like with everything else :) I'm not a lawyer, nor do I understand the intricacies of trademark and patent law, so my answer is less then perfect. But to summarize, first there are technology 'functional' trademarks/patents which are fairly clear cut covering things like step designs. There are some big companies who have in my mind copied, but I guess they have stayed just outside the line and have a 'different' similar configuration.
Then there are attempts to trademark 'a unique overall appearance' as Hinkley has tried to do with the Picnic Boat hull form. http://boatdesign.net/forums/showthread.php?s=&threadid=201 This is tricky because as you've said one little change, and you have something different so it's hard to protect. Or if the trademark law is so generous that you can patent anything close, it becomes suffocating to design and one company has the exclusive right to develop in a whole 'style' of design which removes a lot of competition from the market and prevents a lot of good unique designs too. Very tricky.
The third type of trademark that seems to be in the formative stages has to do with unique but not strictly functional aspects of a design, as for example this thread talks about on the Wally Power 118: http://boatdesign.net/forums/showthread.php?s=&threadid=385 That has to be one of the most unique looking craft in overall design around today, but I suppose they didn't want to try Hinkley's attempt to patent an overall 'class' or 'style' as a whole so they selected specific elements, like a "vertical bow" which seems very confusing as they are certainly not the first to use a vertical bow.
Anyway, there you have my take on patent law. I'm about as far from a lawyer as you can get, so take everything above with a grain of salt. I think the answer is that trademark and patent law as it relates to boats is still evolving and there is no one-size-fits-all answer; it seems there have been major flaws, on both sides, with all the recent cases I've seen, at least from a logical if not necessarily from a legal standpoint. Splashing is almost universally regarded as cheap and dishonest, but for cases on the edge where you feel you have a product which brings something new to the market but which might infringe on someone elses overly broad patent or trademark, it's probably time to consult with a lawyer. Maybe others here can make more intelligent comments.
gonzo
09-13-2003, 01:43 PM
It is illegal to copy a design unless the designer allows you to. There are exceptions like Chapelle's books which are lines taken from working craft. I think there is probably no way to track down an original designer. Modifications can make a design yours if they are significant or extensive. It may happen that you have to prove that in court. Knowing if a mold you buy is sold to you by a legal owner is a tough one. I think it may take a lot of research, unless you are buying from a reputable designer or builder.
