pete roper Posted February 2, 2015 Share Posted February 2, 2015 A few years ago I designed and manufactured a baffle plate for the V11 series bikes, they have been a slow and steady seller and I didn't make a lot of money on them but they did prevent the motors torching their big ends. Well I got an enquiry about one from New Zealand a few days ago so I organized the gaskets and plate and gave the bloke a quote only to be told that he had decided to buy from a mob in the UK because they were a few dollars cheaper. A quick visit to their website reveals that 'Their' plate is in fact an identical copy of mine, even down to the shape of the dipstick hole. I don't even get a Guernsey for the design. I wonder if I could sue them for theft of intellectual property? This sort of shit really doesn't make a bloke feel like giving out help and advice..... Pete Link to comment Share on other sites More sharing options...
gstallons Posted February 2, 2015 Share Posted February 2, 2015 I don't know about outside the U.S. but it is not worth the effort . Your part first has to be patented or applied for . You need to be able to prove patent infringement . You then need to give them a cease & desist order .If they persist , then you give lots of money to an attorney to litigate your cause . Link to comment Share on other sites More sharing options...
Scud Posted February 2, 2015 Share Posted February 2, 2015 Pete - When I decided to put one on, I saw that there were some other options, but personally, I like buying stuff from private innovators, like yourself, when I can. I suppose my new plate ought to be arriving any day now. Thanks again for your help - and advice about which gaskets to buy to go with it. My work involves a lot of intellectual property issues and distribution in several countries, but I am not a lawyer and my experience is mostly for printed materials, not mechanical things. That's my disclaimer. Now here's my "if I were in your shoes" take on it: Your first challenge is jurisdiction. This is not too big of a challenge because UK, NZ, Australia, and some other places that used to fly the Union Jack have similar laws and the countries are all parties to several international intellectual property treaties. While I imagine you have not filed a patent application, you may still have suitable basis for a claim under copyright law (as they have copied an image of your plate). From a practical perspective, in my own business I have found it useful to threaten legal action, but then negotiate to convert the violator to a legitimate customer or licensee - then get nasty if they won't cooperate. Judges like to see that people try to work things out amicably before filing suits - and they don't take kindly to non-cooperative copyright violators. I suggest that you hire an attorney to write a "cease-and-desist" letter (should only be an hour or so) that offers to negotiate for legitimate use of the intellectual property, including financial reconciliation for past use. I generally write my own first draft letters and give them to the attorneys to save on fees. I also suggest that you improve the visibility of your product a little bit (I had sort of a hard time figuring out how to buy your product). If you decide to do this, you might also make some claims like "the original" or "the inventor" or something like that. Posting this topic is a good start - I imagine that a lot of members here would support and recommend your product over an imitator. Link to comment Share on other sites More sharing options...
gstallons Posted February 2, 2015 Share Posted February 2, 2015 You can also e-mail the prick and tell him to look on Ali Baba for a Chinese knock-off that sells for less than anyone else .People that shop simply for cost don't deserve your business . Link to comment Share on other sites More sharing options...
pete roper Posted February 2, 2015 Author Share Posted February 2, 2015 Look, I really don't think it's worth pursuing. Certainly the cost of doing so would far outstrip any return. It just grates that such open, flagrant theft has occurred. There's even photos of both of my designs on their web page. Bottom dwellers. It's not that it's immoral, it's that its amoral. And just openly contemptuous, "Hey, that's a great idea. We'll just steal it!" Pete 1 Link to comment Share on other sites More sharing options...
Scud Posted February 2, 2015 Share Posted February 2, 2015 Pete - I think it is worth a letter and a conversation with the offending merchant. Lawsuits can be expensive and exhausting. If the merchant wants to stay in good standing with their customer base, they could do so by acknowledging your invention with words and cash. While I have also been angry at copyright violators, I've won them over by focusing on the future and finding a price to forgive the past. So far, I have never had to take a claim all the way to court by using this strategy. You would not be out of line to request that they rename it the "Roper Plate" or any other name that you desire - and pay you a small percentage of each sale. License arrangements like this generally net a smaller margin per product for the inventor, but the inventor gets the benefit of some sales that might not have otherwise occurred. Regards, Tim PS - Didn't the British send their criminals to Australia a long time ago? Ironic. Link to comment Share on other sites More sharing options...
Zooter Posted February 2, 2015 Share Posted February 2, 2015 Hells bells. I thought it was your plate as you had bulk supplied them to shops all over. You were slow getting back to me with your price and meanwhile I was searching about for filters. I thought I was saving you the trouble of doing me a oneoff when your price came in. 1 Link to comment Share on other sites More sharing options...
Zooter Posted February 2, 2015 Share Posted February 2, 2015 Beer vouchers coming your way. Link to comment Share on other sites More sharing options...
pete roper Posted February 2, 2015 Author Share Posted February 2, 2015 Zooter, no need. It's all good. I'm not annoyed with anybody who bought one. Simply pissed off that this vendor has such a cavalier attitude to stealing other people's ideas. It's not like it's a similar device. It's an exact copy. I'll take a picture of one of my originals later and people can compare it to the Pommy product. They've even used the same thickness plate which I originally used because it was cheaper left over stock, 1.8mm rather than 2mm which I'd originally specified! It's such blatant plagiarism and theft is what pisses me off. 1 Link to comment Share on other sites More sharing options...
Gio Posted February 2, 2015 Share Posted February 2, 2015 Pete - I hear you man. Priveleged to have purchased mine from you directly ... and that's also from an ex-Pommy! Cheers Gio Link to comment Share on other sites More sharing options...
JBBenson Posted February 2, 2015 Share Posted February 2, 2015 I just bought a real "Roper Plate" from MPH Cycles. I did have to call a few dealers around the country before I found one. I did see the copies online at a UK Guzzi parts supplier, but decided to get an original one, as also support a domestic dealer in Texas. For me, the name "Roper Plate" is synonymous with "Moto Guzzi V11 windage plate". But if you Google the latter, the UK website comes up with the copy for sale. Link to comment Share on other sites More sharing options...
Welshguzzi Posted February 2, 2015 Share Posted February 2, 2015 If I lived in different circles, I'd send someone round......... for a polite chat, of course Link to comment Share on other sites More sharing options...
LowRyter Posted February 2, 2015 Share Posted February 2, 2015 Pete, I certainly hope that you sent those rogues an e-mail calling their treachery to account along with the URL posts for this listing as well as on WG. Link to comment Share on other sites More sharing options...
gavo Posted February 2, 2015 Share Posted February 2, 2015 If I lived in different circles, I'd send someone round......... for a polite chat, of course Now days don't you just employ a spotty teenager to hack their site and crash it. I hate anyone who scams off other peoples labor. 2 Link to comment Share on other sites More sharing options...
Scud Posted February 2, 2015 Share Posted February 2, 2015 If I lived in different circles, I'd send someone round......... for a polite chat, of course 1 Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now