Smittybuilt Element Ramps
- Thread starter Arvin G
- Start date
off-roader
Expedition Leader
Not sure they'd need to if they changed the tread pattern design. In reality with the way China protects patents (they don't) they could make those changes and sell them in the US. That's likely the way our patent laws work from my understanding.
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off-roader
Expedition Leader
Well, decided to look it up...
From Wikipedia (http://en.wikipedia.org/wiki/Industrial_design_right)
[h=3]Australia[/h]In Australia, design patent registration lasts for 5 years, with an option to be extended once for an additional 5 years. For the patent to be granted, a formalities exam is needed. If infringement action is to be taken, the design needs to become certified which involves a substantive examination.[SUP][3]
Note, this information is probably the current patent law. I could not find anything that shows the patent law in 2001 when they incorporated. Of course they could have also patented it any time before or after they incorporated but I would suspect the laws at that time are the relevant ones.[/SUP]
From Wikipedia (http://en.wikipedia.org/wiki/Industrial_design_right)
[h=3]Australia[/h]In Australia, design patent registration lasts for 5 years, with an option to be extended once for an additional 5 years. For the patent to be granted, a formalities exam is needed. If infringement action is to be taken, the design needs to become certified which involves a substantive examination.[SUP][3]
Note, this information is probably the current patent law. I could not find anything that shows the patent law in 2001 when they incorporated. Of course they could have also patented it any time before or after they incorporated but I would suspect the laws at that time are the relevant ones.[/SUP]
MattScott
Approved Vendor
REDrum
Aventurero de la Selva
LOL....too true.
Joker
Adventurer
Yes but in order for this to be true one product has to actually be better than the other and I don't believe that was proven either way. In this case the MAXTRAX costs twice as much so shouldn't it be twice as good, again don't think that was proven.
Eventhough
Explorer
off-roader
Expedition Leader
FACT of the matter is the Smittybilt units although similar to the original MaxTrax units ARE NOT THE SAME, not even by a long stretch can they be considered a copy.
Similar, yes. Copy? Not remotely. So copyright infringement (likely they've already expired) cannot be called into question here.
A pic for those who haven't actually compared them (http://centraloverland.com/2011/11/maxtrax-vs-smittybilt-element-product-comparison/).
MaxTrax are the orange units. Smittybilt are the green ones.
Similar, yes. Copy? Not remotely. So copyright infringement (likely they've already expired) cannot be called into question here.
A pic for those who haven't actually compared them (http://centraloverland.com/2011/11/maxtrax-vs-smittybilt-element-product-comparison/).
MaxTrax are the orange units. Smittybilt are the green ones.
stioc
Expedition Leader
Umm ARB is not a small company by any stretch.
Also, by your guys logic since Ford Model T was the original mass produced car, every car (among other industries) manufacturer is guilty of ripping off the mass production concept. Oh and we should only have one company for every product, i.e. one software company, one engine oil brand, one light bulb manufacturer, one TV brand, one grocery store etc etc because others are ripping off ideas and making duplicates.
BIGdaddy
Expedition Leader
This is precisely why certain peoples arguments hold no water for me.
Am I against reverse engineering? not really. It creates a chance for competition and innovation.
Am I against creating a copy that is a complete duplicate except for the quality and workmanship?
Of course, and I vote with my wallet.
Smittybilt likely bought a set of maxtrax or studied the heck out of images of them on the 'net, priced out materials and form-work and set about creating their version of a plastic sand ladder. Sand ladders have been around for what? Like 80 years? haha. It's not exactly a new idea.
Did maxtrax think of it first? Not really... I remember several products from ARB, etc that were out on the market that were tested when maxtrax had just come out. Who's copying who, in that situation? It could be said that maxtrax took failed designs from other companies, tested, reverse engineered them and brought their own product to market.
stioc
Expedition Leader
Working for a premium golf club company I can assure you that ARB is not going bankrupt from Smitty Elements, for every 100 sales Smitty has to make ARB has to make 60- that's huge when you account for marketing budgets of a well respected and established world-wide company such as ARB vs. a company like Smitty. Just like the car market where you have the $18k corollas, you also have the $38k BMW 325s- you're not competing for the same demographics. Some people will always buy MaxTrax because price is not a factor for them and they know ARB for their quality and reputation. Others will buy Smitty because they're more money conscious and may want to get the best bang for their buck without a hefty entry price. Two different demographics and the companies know it.
A premium brand has to maintain its supremacy by innovating for their market. There will always be others to fill the other markets with varying costs and qualties. You can't force people to buy a particular product instead you make a product that sells itself to its own demographic. It's why you see people buying both ARB lockers vs. LockRite or KYB shocks vs. Penskes Target vs. Walmart or dare I say LandRovers vs. Jeeps. Just like the car manufacturer's ARB has the option to bring a cheaper product to the market to reach other demographics but they don't want to be in that space. They want to maintain their premium status and there's nothing unusual about it.
A premium brand has to maintain its supremacy by innovating for their market. There will always be others to fill the other markets with varying costs and qualties. You can't force people to buy a particular product instead you make a product that sells itself to its own demographic. It's why you see people buying both ARB lockers vs. LockRite or KYB shocks vs. Penskes Target vs. Walmart or dare I say LandRovers vs. Jeeps. Just like the car manufacturer's ARB has the option to bring a cheaper product to the market to reach other demographics but they don't want to be in that space. They want to maintain their premium status and there's nothing unusual about it.
FlyNdrive
Adventurer
NO, they have NOT bought the rights, nor has MAXTRAX sold them a mold. MAXTRAX also holds a patent for them in the US and Australia.
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off-roader
Expedition Leader
Im sure you're right, but that's irrelevant since they didn't copy the design either. The modified it substantially. Why so many seem to be upset over this is beyond me since its not a copy but a different design. Similar yes but that's far from illegal and not remotely unethical.
Been wondering the same thing. They seem to both be effective if used properly. Buy what works for you.