?
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They just fail to create brand. They try to use project brand in marketing. TM policies allow to state " VESC software compatible" or whatever is a true statement. However, this refers to the product discretion, not the product itself.
Good Examples : FOCBOX and STORMCORE. Both use their own identity.
This is how it should be.
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Looks to me like they are doing just what you ask which is referring to the original project upon which the product is based.
From those pictures it looks like a Flipsky ESC, a Super ESC, a Mini FSEC4, and a power hobby electronic speed controller. All of which are based upon the open source VESC project which they refer to as required by the GPL.
The Stormcore doesnāt refer back to the open source project and only has a small side note on the product page.
You want these companies to not mention VESC at all but part of the GPL requirements is that they refer to it in some way.
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GPL requires nothing like that.
Rules that Apply to Trademarks In General
A trademark you donāt own should not be used on/for Products (e.g. circuit boards, hardware, services)
Only because Tesla open sourced most of their patents at one time, you are not allowed to print " Based on Tesla" onto the car you place on the market.
Tech is tech, code is code, identity is identity. OS is not about sharing identity.
But that can be done in a very simple way. In most cases it is enough if that is in the source code header.
You need to offer the sources anyway and you need to distribute the copyright anyway.
Seems to me that a label on the product is much more visible to the end user rather than a comment in the source code.
You are trying to stop people from seeing alternatives and that is very much against the principles of open source.
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Not true. I donāt think products like Stormcore or Focbox have a visibility issue. I think they benefit from their own brands. Once established, they can build up that brand.
And yet not a single video on any other those controllers has ever been removed for trademark violationā¦ Iāve filmed another video with the spintend today Frank, if I upload it but dont write VESC in the title and dont say VESC in the video, are you going to do the same again?
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Iād definitely call this thread serious.
And the reality is, people need to understand this shit and the only way thatās going to happen is if threads like this happen. Drama in inevitable when people are passionate. Not all drama is useless bullshit that needs to be zapped.
Somebody do this yesterday please.
OR maybe call it something that wasnāt already in use by the entire fucking community. Literally any other name would not have this problem. The FOCtopus. FOCMONSTER. SkateDriver. Aunt Berthaās Big A.S.S ESC.
Even you said Stormcore and Focbox did it right. trademarking a word already in use and expecting people to stop using it was stupid. From the start of the trademarking/protection process the project name should have been changed and the word vesc should have been allowed to be genericized which it was already well on its way to being.
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@trampa, can you demonstrate that the phrase VESC has acquired a distinctive secondary meaning apart from its original meaning?
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Iām pretty sure Frank is the fire and the community is the one thatās been saying itās fine for four yearsā¦
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Disagree on the VESC thing, since certain people tried to fool users and especially noobs around and sold themselves as Mr. VESC in person, while Benjamin had zero affiliation to them. And any new brand would have had the same issue very fast. The guy who invented the VESC and coded the code and started the project was Vedder. His family name characterizes the project. He was the first one to use the term in trade. He was even born as Vedder. Others just tired to make use of that and it ended in tears for many customers.
@ Lee, you should have a look at the device and see if you can spot TM violations on the cover. It is non compliant front to back! Spinted needs to sort that out and they know that. If you plan to sell it, make sure to have that sorted in video and on product. You give a platform to manufacturers and you advertise products and you potentially sell them. Such products should not infringe, since you basically would support infringing products in that case. Benjaminās response on that was pretty clear as far as I remember.
I asked you if I make another video on the Spintend Ubox and I do not say VESC in the title or in the video will you apply to youtube to have it removed - yes or no?
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Frank, I was the one who flagged your post on @zhanzhanās various ZESC threads. The issue you had with him could have and should have been dealt with in private, YOU KNOW THIS. What you did was a blatant attempt at intimidating a perceived competitor. Instead of improving on your product and pricing it competitively, you engage in anti-competitive behavior. Your excuse of protecting your TM or protecting people from supposedly deficient FW or whatever bullshit gibberish you invent is just that, long winded fig leaf bullshit excuses for your awful behavior.
Iāve only been on this forum for several months, but in that short time Iāve read stories of you chasing off the maker of the ESCape, Iāve seen you try to blame users for the shitty reception of your shitty Wand, and now this non sense.
If this were Survivor, Iām pretty sure youād get voted off the island with quite a significant majority. I canāt believe there are people that actually try to defend your awful awful AWFUL behavior. I really donāt understand why they are gobbling on your balls like youāre the next coming of Jesus. If you were a half way decent designer you wouldnāt have to play dirty like you have.
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If you present the device with the infringing cover, I would find that highly problematic, especially if you plan to sell it later on. The video would function as an add for the product in your shop. And in that case you canāt present it as is.
And what about all the other videos which also present devices with infringing trademarks on the case? Will you also apply to have those videos removed from YouTube?
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