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From: Nick Schade <nick_at_guillemot-kayaks.com>
subject: [Paddlewise] My Reaction to the Zegul Baidarka
Date: Thu, 30 Jun 2011 09:01:32 -0400
I noticed a distinct similarity between the Zegul Baidarka reviewed in the recent issue of Sea Kayaker Magazine and one of my designs. I've blogged my reaction to that similarity: http://www.guillemot-kayaks.com/guillemot/blog/nick/how_should_i_react_zegultahe_baidarka
I'd be interested in getting some feedback. Am I over or under reacting?

Nick Schade

Guillemot Kayaks
54 South Rd
Groton, CT 06340
USA
Ph/Fx: (860) 659-8847
http://www.guillemot-kayaks.com/
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From: Jackie Myers <jackie_at_muddypuppies.com>
subject: Re: [Paddlewise] My Reaction to the Zegul Baidarka
Date: Thu, 30 Jun 2011 14:45:55 -0700
And of course, Nick Schade certainly deserves an apology above all :)

(proof reading would help..., sorry Nick :) )

> On Jun 30, 2011 2:29 PM, "Jackie Myers" <jackie_at_muddypuppies.com 
> <mailto:jackie_at_muddypuppies.com>> wrote:
> > I agree. Harvey has nailed it... to lift intellectual property and
> > quotes, is unethical and Steve deserves an apology/acknowledgement from
> > Tahe/Zegul and it should appear in Sea Kayaker.
> >
> > Sorry this happened to you, Steve :-/ I hope they make it right by you
> > and by the readers of Sea Kayaker.
> >
> >
> > Jackie
> >
> >
> > Harvey Golden wrote:
> >
> >>Dear Nick and all, Probably the most important lesson I've learned 
> in life is
> >>to give credit and acknowledgement where due--- and even a little 
> where it
> >>isn't. I can't think of much worse than having one's intellectual 
> property
> >>lifted and presented as another's original design. It speaks to such 
> a low
> >>ethic and desperate insecurity.
> >>
> >>
> > ...........
> >
> >>On Jun 30, 2011, at 11:23 AM, Craig Jungers wrote:
> >>
> >>
> > ..........
> >
> >>>I'm convinced that the folks at Tahe have at least read Nick's blog 
> about
> >>> his design.
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From: MATT MARINER BROZE <marinerkayaks_at_msn.com>
subject: Re: [Paddlewise] My Reaction to the Zegul Baidarka
Date: Fri, 1 Jul 2011 02:29:12 -0700
 Welcome to the club Nick. I think the best thing you can do is to do what you
are now doing and point out the copying and let it be widely known. Other
paddlers can then be aware of it and act according to their own feelings about
the issue.

We licensed CS Canoe in Italy to build Coasters. They put in a bigger cockpit
and sold it as a recreational kayak and the advertising portrays it as not
being very capable. for example: " However, given the kayaks limited size,
open sea crossings are not advised."
Next they cut the Coaster in two and added some straight sections in the
middle to make it a little longer and called it the Korsa 15.4. They advertise
it as: "Thanks to its centre of gravity biased aft and balanced volume
forward, this kayak is unbeatable at surfing waves even in the hands of
novices." (even though one paddler who has paddled both says the Coaster is
the far superior surfing kayak). Every bit of our Coaster still looks to be
their in the Korsa model, but it lacks one feature somewhat important to us,
that would be....royalty payments. Now checking the website, I see they also
have a Korsa 16.7 that looks to also have the entire Coaster comprising its
bow and stern parts as well.
They now have three versions of the Coaster itself but we haven't seen any
royalty payments in years. The had the gall to contact us a while back asking
to buy just a few Coaster licenses. Please don't buy any kayaks from CS Canoe
and if you see any Coaster from them please check for a small white license
inside and report to me what the number is (or if there was no license).

Some companies just blatantly steal designs, trademarked names, and ad copy.
One company used the Coaster name and refused to discontinue using it when I
contacted them about it. They said they didn't mind sharing the name with us.
They also said they were a small company on the other side of the country, so
what was my problem. Next I see it in a Sea Kayaker review with the Coaster
name attached. The company appears to now be defunct. I was hoping they would
do real well with the kayak because then they might have been worth suing.
Many Paddlewisers already know the story of the Nadgee Explorer in Australia
and how the plans for it came from the Sea Kayaker review lines drawing of the
Mariner Max.

Seaward Kayaks knocked off the Arluk II and called it the Ascente, knocked off
the Seda Tango and called it the Southwind, and knocked off Southwind Kayaks'
(a southern California kayak store) palm tree logo for their name decal for
that kayak. At one point I thought I recognized a bunch of Seaward's ad copy
as something I'd seen before in a Canoe and Kayak magazine. Sure enough, once
I found it, I called the magazine and asked if they had given permission for
its use, they hadn't. I suspect their are many more rip-offs involving Seaward
Kayaks but I just don't know about them. As a result, I refused to buy
anything from that company for our store that I might have otherwise purchased
from them.


Nick, your Website says:
"So, I'm going with some deck lines. I'll have a basic shock cord system in
front of the cockpit and some more around the hatches. I want to keep these as
low profile as possible. The system I've determined to have the least visual
impact is a simple hole through the boat with shock cord pulled through the
hole.
If you make a 1/4" hole and pull through a 5/16" shock cord, the cord will
pretty much seal up the hole with maybe a little water wicking through the
braided jacket of the cord."

We have been doing that since 1980 for the chart lines (so the paddler can't
bark his knuckles on a fitting there) and never saw it done that way before we
did it. Note: with the right size hole through the deck you won't get any
leaking at all. Were you aware we were doing it that way? Did you see it
somewhere else (I haven't). So, where's the attribution on your website for
the idea? ;-) In our FAQ's you will find detailed directions for how to
restring the shock cord for our customers who need to replace it. If you
haven't seen it already the tips in our FAQ might help you get the shock cord
through an even smaller hole to ensure a good seal.
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From: Nick Schade <nick_at_guillemot-kayaks.com>
subject: Re: [Paddlewise] My Reaction to the Zegul Baidarka
Date: Fri, 1 Jul 2011 15:01:57 -0400
On Jul 1, 2011, at 5:29 AM, MATT MARINER BROZE wrote:

> Welcome to the club Nick. I think the best thing you can do is to do what you
> are now doing and point out the copying and let it be widely known. Other
> paddlers can then be aware of it and act according to their own feelings about
> the issue.
> 
I know this is not a unique problem for me. I was hemming and hawing about doing anything about it and felt a little blog post might help. It currently looks as though the issue has been resolved amicably, so it looks like I may have been correct.


I have added a link on my feed-through shock-cord page to your FAQ. Your use of frames on you webpage complicates linking would you rather I link some other way, please let me know.

> 
> We have been doing that since 1980 for the chart lines (so the paddler can't
> bark his knuckles on a fitting there) and never saw it done that way before we
> did it. Note: with the right size hole through the deck you won't get any
> leaking at all. Were you aware we were doing it that way? Did you see it
> somewhere else (I haven't). So, where's the attribution on your website for
> the idea? ;-) In our FAQ's you will find detailed directions for how to
> restring the shock cord for our customers who need to replace it. If you
> haven't seen it already the tips in our FAQ might help you get the shock cord
> through an even smaller hole to ensure a good seal.
> 




Nick Schade

Guillemot Kayaks
54 South Rd
Groton, CT 06340
USA
Ph/Fx: (860) 659-8847
http://www.guillemot-kayaks.com/
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] My Reaction to the Zegul Baidarka
Date: Thu, 30 Jun 2011 08:23:05 -0700
My first reaction to the Tahe Baidarka was that it didn't look much like a
baidarka to me. But I'm certainly no expert. My first reaction to Nick's
post was, "Damn! Someone copied someone else's design!"; as if this had
never happened before. I've certainly listened to enough stories by kayak
designers to understand that this is not at all uncommon. It's even common
to have the company that contracted to build a design subsequently copy it
and market an almost-identical (looking) kayak with a different name. And I
know there is a certain amount of acrimony over this.

But I read Nick's blog and then I read the wording he quotes; some of  which
is, word-for-word, Nick's description of his design philosophy presented as
their design philosophy. It's hard for me to believe that this is
coincidence. Mind you, not every word in their "designer's statement in Sea
Kayaker is identical, but it seems to me that something like, "As kayak
designer Nick Schade has said...." might have been appropriate.

I'm convinced that the folks at Tahe have at least read Nick's blog about
his design. Whether or not their design is a take-off of his I'll leave to
the folks who understand designs better than I do.

Craig


On Thu, Jun 30, 2011 at 6:01 AM, Nick Schade <nick_at_guillemot-kayaks.com>wrote:

> I noticed a distinct similarity between the Zegul Baidarka reviewed in the
> recent issue of Sea Kayaker Magazine and one of my designs. I've blogged my
> reaction to that similarity:
> http://www.guillemot-kayaks.com/guillemot/blog/nick/how_should_i_react_zegultahe_baidarka
> I'd be interested in getting some feedback. Am I over or under reacting?
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From: Nick Schade <nick_at_guillemot-kayaks.com>
subject: Re: [Paddlewise] My Reaction to the Zegul Baidarka
Date: Thu, 30 Jun 2011 12:26:54 -0400
What precipitated my response was reading my own words in the Tahe/Zegul
marketing literature. It is used in their ad on the inside back cover of Sea
Kayaker and in the design statement prefacing the review as well as everywhere
else the kayak is described.  In the ad 7 out of the 10 sentences are copied
from my website. They have been edited, but only slightly and they added some
new sentences.

One interesting thing is the sentence "The advantage of this shape is at the
waterline the lower jaw can be narrow and sharp, giving a fine entry into to
the water for good efficiency, while higher up the upper jaw can be full and
wide for high buoyancy to lift the bow over waves." does not even apply to
their design. There is no bifurcation, and the upper half is not "full and
wide". I was discussing the original boats in the context where I wrote these
words. In my design I did try to maintain those characteristics but they
didn't carry over into the Zegul boat.

Personally, I don't think my boat looks like a baidarka and I am very careful
not to call it one. I say it was inspired by baidarkas and I point out in the
first line of the description of my boat what boat I used as an inspiration. I
also give away plans for that baidarka for free to anyone who wants to
actually build a baidarka: http://bit.ly/jMT0TV As an unapologetic borrower of
design ideas, I won't complain when others find inspiration in my work.

To call a boat that is so clearly based on my non-baidarka a "baidarka" is a
big stretch. There is very little "baidarka-ness" left. The bow horn is a bit
baidarka-like as is the slight hollow running down the side of the bow, but
otherwise it is just a nice reinterpretation of my design. It even sounds like
they read some of my own critiques of my design and may have made some
improvements.

All that said, it is a fine looking boat in its own right. It is unusual and
striking. Not as unusual as they would lead you to believe, but still quite
nice in its own way. I am pleased that someone has found inspiration in my
design and would appreciate some acknowledgment, and importantly, I think it
appropriate for them to stop using my words to describe their boat.
Nick


On Jun 30, 2011, at 11:23 AM, Craig Jungers wrote:

> My first reaction to the Tahe Baidarka was that it didn't look much like a
baidarka to me. But I'm certainly no expert. My first reaction to Nick's post
was, "Damn! Someone copied someone else's design!"; as if this had never
happened before. I've certainly listened to enough stories by kayak designers
to understand that this is not at all uncommon. It's even common to have the
company that contracted to build a design subsequently copy it and market an
almost-identical (looking) kayak with a different name. And I know there is a
certain amount of acrimony over this.
>
> But I read Nick's blog and then I read the wording he quotes; some of  which
is, word-for-word, Nick's description of his design philosophy presented as
their design philosophy. It's hard for me to believe that this is coincidence.
Mind you, not every word in their "designer's statement in Sea Kayaker is
identical, but it seems to me that something like, "As kayak designer Nick
Schade has said...." might have been appropriate.
>
> I'm convinced that the folks at Tahe have at least read Nick's blog about
his design. Whether or not their design is a take-off of his I'll leave to the
folks who understand designs better than I do.
>
> Craig
>
>
>
>
>
> On Thu, Jun 30, 2011 at 6:01 AM, Nick Schade <nick_at_guillemot-kayaks.com>
wrote:
> I noticed a distinct similarity between the Zegul Baidarka reviewed in the
recent issue of Sea Kayaker Magazine and one of my designs. I've blogged my
reaction to that similarity:
http://www.guillemot-kayaks.com/guillemot/blog/nick/how_should_i_react_zegult
ahe_baidarka
> I'd be interested in getting some feedback. Am I over or under reacting?
>

Nick Schade

Guillemot Kayaks
54 South Rd
Groton, CT 06340
USA
Ph/Fx: (860) 659-8847
http://www.guillemot-kayaks.com/
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here are solely those of the writer(s). You must assume the entire
responsibility for reliance upon them. All postings copyright the author.
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From: Harvey Golden <harveydgolden_at_yahoo.com>
subject: Re: [Paddlewise] My Reaction to the Zegul Baidarka
Date: Thu, 30 Jun 2011 09:53:13 -0700 (PDT)
Dear Nick and all, Probably the most important lesson I've learned in life is
to give credit and acknowledgement where due--- and even a little where it
isn't.  I can't think of much worse than having one's intellectual property
lifted and presented as another's original design.  It speaks to such a low
ethic and desperate insecurity. Permission is the easiest thing in the world
to ask for, and it very often gets a favorable response-- Permission is the
sincerest form of flattery, not copying.  It would appear that Tahe/Zegul owes
you a formal apology, ideally in SK mag. Best, Harvey

--- On Thu, 6/30/11, Nick Schade <nick_at_guillemot-kayaks.com> wrote:

From: Nick Schade <nick_at_guillemot-kayaks.com>
Subject: Re: [Paddlewise] My Reaction to the Zegul Baidarka
To: "Craig Jungers" <crjungers_at_gmail.com>
Cc: "Paddlewise Paddlewise" <PaddleWise_at_paddlewise.net>
Date: Thursday, June 30, 2011, 9:26 AM

What precipitated my response was reading my own words in the Tahe/Zegul
marketing literature. It is used in their ad on the inside back cover of Sea
Kayaker and in the design statement prefacing the review as well as
everywhere
else the kayak is described.  In the ad 7 out of the 10 sentences are copied
from my website. They have been edited, but only slightly and they added some
new sentences.

One interesting thing is the sentence "The advantage of this shape is at the
waterline the lower jaw can be narrow and sharp, giving a fine entry into to
the water for good efficiency, while higher up the upper jaw can be full and
wide for high buoyancy to lift the bow over waves." does not even apply to
their design. There is no bifurcation, and the upper half is not "full and
wide". I was discussing the original boats in the context where I wrote these
words. In my design I did try to maintain those characteristics but they
didn't carry over into the Zegul boat.

Personally, I don't think my boat looks like a baidarka and I am very careful
not to call it one. I say it was inspired by baidarkas and I point out in the
first line of the description of my boat what boat I used as an inspiration.
I
also give away plans for that baidarka for free to anyone who wants to
actually build a baidarka: http://bit.ly/jMT0TV As an unapologetic borrower
of
design ideas, I won't complain when others find inspiration in my work.

To call a boat that is so clearly based on my non-baidarka a "baidarka" is a
big stretch. There is very little "baidarka-ness" left. The bow horn is a bit
baidarka-like as is the slight hollow running down the side of the bow, but
otherwise it is just a nice reinterpretation of my design. It even sounds
like
they read some of my own critiques of my design and may have made some
improvements.

All that said, it is a fine looking boat in its own right. It is unusual and
striking. Not as unusual as they would lead you to believe, but still quite
nice in its own way. I am pleased that someone has found inspiration in my
design and would appreciate some acknowledgment, and importantly, I think it
appropriate for them to stop using my words to describe their boat.
Nick


On Jun 30, 2011, at 11:23 AM, Craig Jungers wrote:

> My first reaction to the Tahe Baidarka was that it didn't look much like a
baidarka to me. But I'm certainly no expert. My first reaction to Nick's post
was, "Damn! Someone copied someone else's design!"; as if this had never
happened before. I've certainly listened to enough stories by kayak designers
to understand that this is not at all uncommon. It's even common to have the
company that contracted to build a design subsequently copy it and market an
almost-identical (looking) kayak with a different name. And I know there is a
certain amount of acrimony over this.
>
> But I read Nick's blog and then I read the wording he quotes; some of 
which
is, word-for-word, Nick's description of his design philosophy presented as
their design philosophy. It's hard for me to believe that this is
coincidence.
Mind you, not every word in their "designer's statement in Sea Kayaker is
identical, but it seems to me that something like, "As kayak designer Nick
Schade has said...." might have been appropriate.
>
> I'm convinced that the folks at Tahe have at least read Nick's blog about
his design. Whether or not their design is a take-off of his I'll leave to
the
folks who understand designs better than I do.
>
> Craig
>
>
>
>
>
> On Thu, Jun 30, 2011 at 6:01 AM, Nick Schade <nick_at_guillemot-kayaks.com>
wrote:
> I noticed a distinct similarity between the Zegul Baidarka reviewed in the
recent issue of Sea Kayaker Magazine and one of my designs. I've blogged my
reaction to that similarity:
http://www.guillemot-kayaks.com/guillemot/blog/nick/how_should_i_react_zegult
ahe_baidarka
> I'd be interested in getting some feedback. Am I over or under reacting?
>

Nick Schade

Guillemot Kayaks
54 South Rd
Groton, CT 06340
USA
Ph/Fx: (860) 659-8847
http://www.guillemot-kayaks.com/
Subscriptions:   PaddleWise-request_at_PaddleWise.net
Website:         http://www.paddlewise.net/
***************************************************************************
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From: Jackie Myers <jackie_at_muddypuppies.com>
subject: Re: [Paddlewise] My Reaction to the Zegul Baidarka
Date: Thu, 30 Jun 2011 14:25:11 -0700
I agree.  Harvey has nailed it... to lift intellectual property and 
quotes, is unethical and Steve deserves an apology/acknowledgement from 
Tahe/Zegul and it should appear in Sea Kayaker. 

Sorry this happened to you, Steve :-/  I hope they make it right by you 
and by the readers of Sea Kayaker.


Jackie


Harvey Golden wrote:

>Dear Nick and all, Probably the most important lesson I've learned in life is
>to give credit and acknowledgement where due--- and even a little where it
>isn't.  I can't think of much worse than having one's intellectual property
>lifted and presented as another's original design.  It speaks to such a low
>ethic and desperate insecurity. 
>  
>
...........

>On Jun 30, 2011, at 11:23 AM, Craig Jungers wrote:
>  
>
..........

>>I'm convinced that the folks at Tahe have at least read Nick's blog about
>>    
>>
>his design. 
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From: Robert Carter <revkayak_at_aptalaska.net>
subject: Re: [Paddlewise] My Reaction to the Zegul Baidarka
Date: Thu, 30 Jun 2011 19:48:34 -0800
nick,
yep looks like they "borrowed" not only your design but your words 
also.  Sad that they didn't give you credit. In my business when one 
pastor uses a section of another pastor's sermon he/she  is supposed to 
give the other pastor credit. Sadly too many plagiarize.
you are owed an apology but I would not hold my breath waiting for it.

yours
Bob

   On 6/30/2011 5:01 AM, Nick Schade wrote:
> I noticed a distinct similarity between the Zegul Baidarka reviewed in the recent issue of Sea Kayaker Magazine and one of my designs. I've blogged my reaction to that similarity: http://www.guillemot-kayaks.com/guillemot/blog/nick/how_should_i_react_zegultahe_baidarka
> I'd be interested in getting some feedback. Am I over or under reacting?
>
> Nick Schade
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