Hi,

It looks quite like all, or at least the vast majority of the ST'ers have a 
pretty good sense of ethics, and try to do "what is right".  You are also a 
very knowledgeable group, which makes it a pleasure to learn from you.  I 
mean both skills, and business practices.

The question in my mind, - is more along the line of distinguishing between a 
clone (whatever that is), a look alike, or a work alike.

I guess a true "clone", will *look* and *work* like the OEM.  If it doesn't, 
is it really a clone?

Personally, I am opposed to copying trade dress, - if it is an exact copy.  
That would be a clear violation.

As for colour, - this gets pretty cloudy.  I believe some colours are 
"patented", - but fail to understand how that is possible.  Has not every 
colour in "creation" been created at *least* once before, at sometime in 
history?  A process for generating colour can be patented.  That is fair.

A trade mark can be *registered*, and as long as it is not simply a part of 
our commonly spoken language(s), it should probably stand.  However....  
There are some companies that try to register, or patent things that are in 
everyday use.  Seems I heard that "someone" tried to protect the word "my".
Whether it is accurate or not, I assume you see the point.

In this continent, it is legal to "reverse engineer" a product, in order to 
try to compete.  So if that is done, and a "work alike" (but not truly 
lookalike) is built, - is it a "clone" or not.  I suggest not.

Now if a club "looks a bit like" an OEM product, but does not *work* like 
it...   It could well be a "look alike", but I suggest *not* a clone.

Here we get into the other side of ethics.  The highly litigatious OEM 
companies.  Have they not used the law, to push away, or bully competition 
that is perhaps not truly in violation?  It can get pretty interpretive at 
this point.

If it all sounds like hair splitting, - it is.  That is what law is all about.
I really would like to know more about both the legal aspects, and the moral 
aspects, as it is, in the minds of other ST'ers, experts, and your opinions 
too.

I sometimes think that litigation has gone too far, and that monopolies can 
twist the law, way out of (fair and honest) proportion.  Largely because the 
little guy just can't afford a defense....

Thanks,

Jorgen
[EMAIL PROTECTED]


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