The best is always to keep it simple. A shaper should have a choice as to where or who he gets to machine his shapes , and the choice should be his ,and his alone......no business works when someone from outside the business wants to dictate terms and take away freedom of choice........it's also unconstitutional !
…then again I can 'whore’around with the best of them. Just pay enuff of my existing mortgage to have me create a design you buy and own rights to, and I’ll see to it that it gets done. If you want Clyde Beatty to build 1600 of them per week, I’ll make sure he hires enough of the Chinese army to get 'er done.
Just try me.
Just stick me in that old movie “The Magic Christian”, throw a ton of cash at me and sure… I’ll be your huckleberry.
Legally you may get barred from usual surf spot. Heckeled… a lot by everyone. Make an original so that burton surfboards or metal melitia surf can claim it and gain some capital. That capital will help when they rip off the next guy!
Man SOMEONE should have patented sqaures and circles. That way if anyone does as much draw one of those shapes theyll be forced give a hearty donation to the builing of old money!
There is an oldschool name for surfboard scanner! They used just call it a “TAPE MEASURE”. If you scan it… it will never come out exactly like the original but will cost you a lot of money and trouble. Get a shaper to help you if you can. Most shapers would rather show up on agood day carrying a hibbiscous boogyboard wearing a pink fanny pack and speedos than copy someone else.
Don’t worry too much… where do you think all the other shapes out there come from. Few are the innovators
God luck
Good shapers and even great shapers may not "copy" but they sure as hell "barrow" They then give credit to those that " influenced them. Simon Anderson borrowed from McCoy, Thrusters were modified McCoy templates. He also credits The Campbell brothers Bonzer. If you go back further The legendary Greg Noll Mickey Dora Da Cat was a " Borrowed" Yater Spoon design. The concave nose on vintage nose riders was I believe first done by Tom Morey.
The off shore companies building boards in China need do slight modifications to produce a board that they feel will be a good selling board.
I recently had a coffee in a local suburb and I had my back to a guy wearing a famous brand [surf ] T shirt whilst I had on one of my own with my logo for my boards on it done by a graphic artist mate. Well when we left the shop my wife told me he must have looked at my logo fifteen times and took a photo of it with a mobile phone.Do I feel complimented? well some people would but in this day and age my 'intellectual property' would stand jackshit of a chance up against the greedmachine.
Reminds me of the boat building business where it is not uncommon for some small builder to splash a hull. Basically taking something like a Boston Whaler or Mako, flipping it over and making a mold off of the hull then making copies from the mold with ever so slight changes to the hull or interior.
That does happen a lot with Boat Building. Also the big guys will sub out work on some model boats and allow The contractor make some under his own label with modifications. Hobie skiffs were made by a couple of different builders The same hull design was used by Boston Whaler for a small skiff and jet boat.
I have noticed a few Boards under different names that are almost identical to The Walden Magic. All were imported boards.
Swaylockers: If any
design is not legally protected it is open to use abuse. It is difficult to prove ownership. It will be costly to seek compensation. A piece of paper with permission on does not
legally indicate the person who gave you that signature owned the design in the
first place.
I have one new innovative surfboard design.
The name is legally protected, the logo is legally protected and the design is legally protected hence my first build is now in use on the beaches safe in the knowledge that it quite simply cannot be copied.
Worth the hassle ? Oh yeah . . . A Chinese manufacturer began importing a similar product with the same name into my country so I e-mailed them and asked them to stop as they were infringing my IP . . . they did!
If anybody used my design without permission I am legally entitled to sue - the law is 100% on my side so to speak.
If anybody wanted to use my design I may issue them a licence so they might legally do so.
If anybody has been using my design then by law I am entitled to be compensated thus . . . . . .
- By a retrospective license fee.
- By a cut of the profits from the illegal user who I may (or may not) issue a licence to so I might reap further income from them if they were profitable in using my design.
- Else I would be entitled to take everything off the illegal user pertaining to the illegal use of my design beit order books, machinery, vehicles - the lot.
So now I have a real niche . . . . . . I just need to do something with it!
FYI: I am in the process of developing a cleaning fluid that instantly kills off odours – and I mean instantly! I have the name and logo legally protected and am actually in the process of having it assessed for issue to the public . . . . . . could be good for resin smells or smelly wetsuits and water craft . . . stay tuned! . . . **NOTE: Everything I do is legally protected; the law recognises it as being mine**. Is the law an ass? Not in my book my friends, not in my book.
With surfboard blank automation now rife, you operators need to start being extremely careful - I'd love to own a CNC surfboard machine so if I see anyone copying my design, I might end up actually owning one. Happy daze ;)
My $00.02
Your legal rights are only as good as the lawyer you hire to protect thoses right. Those rights will also end when you run out of money to pay that lawyer.
**Have you ever been to court? Have you ever been in discussion with a barrister? Have you ever been guided by a Judge?**
**I have . . . the courts are actually fair. If in court and you are running out of money (be it one day or one week) just tell the judge - in most cases the end decision is made even before you arrive at court . . . I personally reckon the Judge is there to ensure the data and circumstance has been correctly written in the briefs and also to provide for consideration of all unexpected matters that arise during the court proceedings whatever they might be, which may alter the predefined outcome.**
**But hey . . . remember this . . . . if your IP is registered the law is already on your side – end of.**
**You might be confident enough to represent yourself if you have good evidence of the infringement.**
**If someone uses my IP it is quite simply a case of theft and loss of opportunity. It’s tantamount to someone stealing a bar of gold from me as I am about to sell it, as well as the equipment I used to make the gold bar; Also has the thief damaged my reputation by selling a crap quality replication of my design? . . . I’ll need compensation for that too.**
**The judge will find in my favour whether I have a solicitor, use an advocate or represent myself.**
**At the end of the day theft if theft – register your IP and you are pretty much bombproof . . . . I told China to back off and they did . . . no courts, no solicitors no hassle other than ‘due diligence’ and one e-mail.**
**The above information is most likely withheld from the public so business can move forward over and above the common man who would have to normally pay for such experience and advice.**
**I surf, this is Swaylocks and (other than being a bit late with this post since it started!) I want help the surfing community.**
**Hey look - I just invented the wheel . . . . . . now who owns that one!**
**[mod - sort the extraneous text stuff out too . . . just started happening - I came to Sways to avoid this nonsense - cheers in advance]**
It does not work that way in The USA in a Civil Case. You have to pay for your own lawyer. In The land of the free he who has the biggest wallet and the meanest lawyer wins.