Trampa Trademark & VESC Tool Discussions (serious)

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Exactly

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both the parent and child categories have the serious tag. It’s inherited and should be understood. But in case its not, i’ll update the title.

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I think if @Trampa makes a information thread showing proper uses of the vesc trademark, a few people around here will transform it into a dumpster fire in the comments.

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Not if done right

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exactly.

Flipsky selling their esc as:

Flipsky esc or fsesc is okay
Flipsky vesc is not okay.

Still most user will call it a vesc from flipsky.

I even call the neoboxes a Vesc. "i have a Neobox vesc / a flipsky vesc / a vesc from torqueboards.

Its just like the velcro, sharpie, Tesa names etc are now common terms for a product not even from the named brand.

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It’s impossible to please everyone though

Well that was a fun read.

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I will not buy an ESC unless I can confirm it is VESC based. So if they want my money they better mention that somewhere.

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From VESC to YESC. :sweat_smile::joy::rofl:

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I’m a pretty loving person.
But I fucking hate that asshat.

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So . . .
After reading this discussion yesterday i started reading about GENERICIED.

Im in no way an expert in trademark law so take everything i say here with a pinch of salt.

“‘Trademark Genericide’ means that the public identifies a trademark with a specific class of products and not as a source of origin of a particular product i.e. the proprietor. In lay man’s terms, it means that the marks, due to their own excessive popularity, have become descriptive terms for particular type of products.”

Basically if a trademark becomes a generic term for a category of products rather than a product from one brand then it can become considered a “dead trademark” that cannot be legally protected.

"As a result of genericide, a once distinctive trademark loses its distinctive nature and exclusivity as it slowly becomes a common noun for the specific category of products. This in turn means that other companies and competitors are free to use the genericized trademark in relation to their goods and services. At this point, the trademark has no legal protection and its proprietor has no legal claim on it. "

After reading up on this it seams like @trampa themselves are badly adhering to common practice that is required to stop trademark genericide.

  1. “Use the generic name of the goods with the trademark, if your product is the first entrant, come up with a generic term for the product;”

The VESC is a type of electronic speed controller yet due to the bad naming you never see trampa refer to the vesc as a “VESC Electronics Speed Controller”. that would just sound stupid, but is the correct way if you wish to protect the trademark.

  1. "Give proper notice of a registered trademark to consumers by using either the letter R enclosed within a circle, ® or for an unregistered mark, use TM. "

the Trampa website is a mess of “VESC” written as both text and logos without any indication of the trademark.

and also includes many logos containing the ® indicating the VESC is an unregistered trademark

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  1. Use the trademark as an adjective, example KLEENEX tissues;
  2. Do not use the trademark as a noun, example, Band-Aid;

Trampa should be saying “VESC speed controler” or “VESC Remote” and not calling the product itself a VESC which they do on many occasions. this was the first vesc page i opened and found countless examples of it used as a noun.

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  1. “Do not use the trademark in the plural, for example, instead of saying buy two DR. PEPPERS, one should say buy two DR. PEPPER soda beverages;”

VESCS used as a plural multiple times on the website

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  1. "Do not use the trademark as a verb, for example it is incorrect to say ‘XEROX the document’,

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Im no expert but as seen here Trampa’s use of their own trademark is all over the place and their improper use is probably partly to blame for the genericide of vedders trademark.

I found this paper particularly interesting when reading about genericised trademarks.

In conclusion, If people are getting sick of Trampa’s overly aggressive defense of vedders trademark then it seems the more we use the term for any vedder based ESC the less power their trademark holds

if Trampa are serious about keeping thier trademark then Im sure they would usefull for us to post here more examples of where trampa is misusing their own trademark on their website and social media so that they can fix them.

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:pray:

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Great write up to what I’m sure many have been thinking.

I wanted to mention that, in addition to all of this, the VESC trademark stands against intuition as all of these are based in Vedder schematics, and therefore they are in some form "Vedder ESC"s. Really can’t blame anybody for misinterpreting this… I’m lost, but at the same time trademarks exist for a reason and Trampa has every reason to want to maintain their image.
I’m very proud of my Vesc6 by Trampa. So I refer to them as such “vesc6 by Trampa”.

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I’m sure I would be proud of my vesc6 by trampa if I could afford it

I’d be saying ya I have that gold text vesc6 by trampa, and when people ask what the difference is, I can just say it’s the best one and that it doesn’t improperly use trademarks /s

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Lol truth.
But yeah they are the best. Gotta flex when ya can

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I thought Benjamin’s creation of the Vedder Electronic Speed Controller was a standard / guideline on how to create an ESC, weather or not a company / brand decide to use that version (in collaboration with Ben or not) or improve upon latest iteration would be still consider as a variant of “VESC”? So its not wrong to say “XYZ VESC based ESC” as a whole?
I don’t even know if what im writing is correct or not, too many drama nowadays. I’m here to learn shit, but this is way above me :woozy_face:

isn’t this similar to what happened to people using google as verb a few years back?

Perhaps something like the way Prusa does it with the “Original Prusa” would cause less drama, tho I’m not sure why this community is so hellbent on biting the hand that feeds.

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A lot of brands add “original”, which does not indicate others could use the brand without the original.
To be honest: If I would step into making certain hardware, I would start to build my own brand from day one.
If you fail to do so, you will never have a strong brand. It is in your very own interest to make your products distinguishable. The only way you can do that, is building your own brand name for the product you sell.
Customers also want to be able to differentiate in between different products and brands, which helps buying good quality and avoids getting crap delivered to your doorstep.
I don’t think Lacroix had a big problem to call their ESC Stormcore instead of Lacroic dual ESC based on VESC. That would be like selling a 3D pinter called xyz printer based on Prusa. Not a good idea in the long run.

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