[Paddlewise] Design copies

>John, when you say the courts frequently face this problem, do you know of
>cases brought to enforce boat design rights? Or are you speaking more
>generally of patent and other rights? I would be interested to read cases
>related to boat designs.

I can't tell you where to find them since I design boats and am not a
lawyer. Nevertheless, among naval architects fear of frivolous cases lurks
and insurance companies charge accordingly.

>And building on earlier design ideas was exactly what happened with the
>Nadgee, which as Matt noted, has different handling from the Mariner Max,
>and is a different boat, developed by its maker, and in no way a simple
copy
>of the Max.

Perhaps.

>Maybe in the USA, but in Australia, the example you give is quite beyond
any
likely outcome in a court.

I don't live or work in Australia.

>There are so many contributing factors to a kayak
>death or accident that it would be a brave plaintiff's lawyer who tried
this
>one.

 My lawyer tells me the risks are real and that one cannot ignore them. Any
legal action costs money and takes up time. In a country where lawyers can
take cases on a contingency basis this presents very real problems.

>Boat designers should not lose sleep worrying about such far fetched
>possibilities.

I will trust my lawyer on this unless you are willing to do my work pro bono
in which case I may re-consider. :)


>Courts are not a
>pushover for any claim to get through, and appeals courts fix up rubbish.

You have a great deal of faith in the judicial system. Donald Marshall, Guy
Paul Morin, Thomas Sophonow and others (Candian examples)  might beg to
differ.

Cheers

John Winters
***************************************************************************
PaddleWise Paddling Mailing List - Any opinions or suggestions expressed
here are solely those of the writer(s). You must assume the entire
responsibility for reliance upon them. All postings copyright the author.
Submissions:     PaddleWise_at_PaddleWise.net
Subscriptions:   PaddleWise-request_at_PaddleWise.net
Website:         http://www.paddlewise.net/
***************************************************************************