ebay fake whirlwind hoses, advice please
Discussion
greenracing said:
As I understand it, you can't apply design rights to the "must fit" parts of the pipes, in this case the two ends, however, the eBay seller in this instance didn't have to follow what looks to be the same design to connect the two ends so therefore as the part was specifically designed to improve performance and specifically designed in this shape that is significantly different to the "everyday" item, it is covered. Whether the part is seen or not seen externally makes no difference as far as I am aware......
The problem is that the term "design rights" is ambiguous. You are generally correct re UK Unregistered Design Right (which is what I was talking about in my first post)However, the law of registered design (my second post) (and indeed Community Unregistered Design) is completely different and requires that a "component part of a complex product" only meets the requirements of novelty and individual character (ie. can only be valid) if visible in normal use.
This is a complex subject but to give an example, my colleague made a camera track that he sold via eBay. A few weeks later and another seller was on there with an identical looking bit of kit.
We decided to take the other seller to the county court using Moneyclaim Online for a copyright infringement. We did not know much about this.
At the first hearing the judge advised the correct wording and that an expert's advice should be sought. This we did and after contacting an expert in this field, he drafted the claim.
Back to court and the judge awarded judgement against the other seller, to cease production, to pay an award (several thousand £s) and costs all round.
The seller paid up over some 6 months and then offered all his parts to us as he had no use for them.
If this is a direct copy of your original idea, that has been for sale (first eBay listing date for example) or in production for longer than the other seller (you will be able to show the dates), then you have 'rights' so I would advise you seek proper advice. It certainly worked for us.
We decided to take the other seller to the county court using Moneyclaim Online for a copyright infringement. We did not know much about this.
At the first hearing the judge advised the correct wording and that an expert's advice should be sought. This we did and after contacting an expert in this field, he drafted the claim.
Back to court and the judge awarded judgement against the other seller, to cease production, to pay an award (several thousand £s) and costs all round.
The seller paid up over some 6 months and then offered all his parts to us as he had no use for them.
If this is a direct copy of your original idea, that has been for sale (first eBay listing date for example) or in production for longer than the other seller (you will be able to show the dates), then you have 'rights' so I would advise you seek proper advice. It certainly worked for us.
assume that someone bought those hoses (i wouldnt btw), would fitting them have any positive impact on the way their car drives? would it not need a remap anyway? if it does you could argue that remaping that car with those hoses would be a no go as they form an integral part of the the way the car performs plus reliability
yep and you don't have to dig far to find they've bought from ebay seller auto performance, the ebay presence of ASH hoses. Whether that is significant right now though I don't know.
Thing is, to make hoses you need a mould, so someone has paid for a mould to be made to make the hoses. I have had 3 moulds, one is with the manufacturer I first used who were great but very slow getting things made. I stopped ordering from them but they still had my mould (i paid for it though so technically it's still mine)
I have had two more moulds made but one went missing which stopped production of my own hoses a while ago whilst another mould was made,or the original found, I don't know which.
These moulds are 250 pounds each, so no small money when the total sales of the product are so low. I've spent 750 pounds on moulds so far so you can understand why I'm a bit peeved when someone starts up with something that looks so similar ..
I'll come to the unusual ebay feedback later ..
Thing is, to make hoses you need a mould, so someone has paid for a mould to be made to make the hoses. I have had 3 moulds, one is with the manufacturer I first used who were great but very slow getting things made. I stopped ordering from them but they still had my mould (i paid for it though so technically it's still mine)
I have had two more moulds made but one went missing which stopped production of my own hoses a while ago whilst another mould was made,or the original found, I don't know which.
These moulds are 250 pounds each, so no small money when the total sales of the product are so low. I've spent 750 pounds on moulds so far so you can understand why I'm a bit peeved when someone starts up with something that looks so similar ..
I'll come to the unusual ebay feedback later ..
I can tell you know the pipe on the left hand end of that water kit wont fit. The one that goes up to the top of the radiator.
Its a complex double turn and their pipe is simply straight. The thermistat would be at all sorts of funny angles and the pipe would be twisted to buggery.
Doesn't help you I'm afraid.
I do have a question while your here though.
I have a your chip with a whirlwind and cat bypass.
For the MOT each year I have to put the cats back on. Would I be better off leaving your chip in or switching back to the original ecu chip for the MOT?
Its a complex double turn and their pipe is simply straight. The thermistat would be at all sorts of funny angles and the pipe would be twisted to buggery.
Doesn't help you I'm afraid.
I do have a question while your here though.
I have a your chip with a whirlwind and cat bypass.
For the MOT each year I have to put the cats back on. Would I be better off leaving your chip in or switching back to the original ecu chip for the MOT?
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