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Old Aug 31, 2010, 02:01 PM
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IP, HK, Spektrum and here come the clones

O.K., here is a new spot for the IP debate, and the scope is unlimited, but let's refrain from mockery or personal attacks to disprove a speaker's position.

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Old Aug 31, 2010, 02:08 PM
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Definition of Counterfeit

Why did you take all the fun out of it by establishing rules?

Here is a commonly accepted definition of counterfeit (not that anyone is saying that HK or other vendors are selling counterfeits):

A counterfeit is an imitation, usually one that is made with the intent of fraudulently passing it off as genuine. Counterfeit products are often produced with the intent to take advantage of the established worth of the imitated product. The word counterfeit frequently describes both the forgeries of currency and documents, as well as the imitations of clothing, software, pharmaceuticals, watches, electronics and company logos and brands. In the case of goods, it results in patent infringement or trademark infringement.
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Old Aug 31, 2010, 02:09 PM
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Watch out, Bombay, I see a fake D&B swinging in your direction!
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Old Aug 31, 2010, 02:25 PM
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OrangeRX facts (proposed)

I propose these as facts.

1) HK is using the two colors (orange and black) that most people would identify as identifiers of the Spektrum/JR brand...much like Coca-Cola uses red/white and HomeDepot uses orange as their signature colors. Spektrum uses those colors on their logo, on their website, on their products...including cables, and they use it on their packaging...very distinctively. These things are well-known, well-established in the marketplace.

2) HK has the Orange receivers listed under the menu item titled, Spektrum...which is a trademark of HorizonHobby...used without permission.

Tx/Rx Systems & Parts
Synthesized Rx
2.4Ghz Corona DSSS
2.4Ghz Corona FHSS
2.4Ghz Spektrum
2.4Ghz HobbyKing
2.4Ghz Assan
2.4Ghz Turnigy
2.4Ghz Futaba
2.4Ghz JR

3) HK has "marked" the shell of the Orange receiver with an "S". Not sure what this is intended to mean by HK, but it is noted. Edit: The "S" indicates the Signal pin of the servo connector (as indicated by beenflying)

4) HK has marked the shell of the Orange rx with DSM2...which is a trademark of HH...used without permission.

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Last edited by Bombay; Aug 31, 2010 at 08:36 PM.
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Old Aug 31, 2010, 02:37 PM
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Here's my first comment: the public position of Spektrum, I speculate, was carefully drafted by one or more IP lawyers, and subsumes the above in terms of one or more likely claims.
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Old Aug 31, 2010, 03:53 PM
Foam flogger
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Does the fact that they also use the orange on the Futaba stuff weaken your first point?



I can buy ink cartridges for my HP printer that are the same size/shape/ink that I get with "official" HP cartridges. Does that make them counterfeit or just generic?
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Old Aug 31, 2010, 04:13 PM
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Alone, perhaps, but not when combined with the other factors.

My "point" was simply to establish the fact. Futaba uses a different protocol...and doesn't represent itself to do the same thing as Spektrum...doesn't use the Spektrum name...or the DSM2 labeling. If it did, then one could argue infringement. Color alone does not constitute infringement.
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Old Aug 31, 2010, 04:52 PM
Foam flogger
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No, I mean on the Futaba "clones" that HK is selling. It's listed under 2.4Ghz Futaba on their website. If they were trying to fool people into identifying it as a Spektrum or Futaba RX wouldn't they use different colors on the Futaba one instead of the same "orange"?
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Old Aug 31, 2010, 05:25 PM
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Link us to the Futaba-compatible rx that you are speaking of. As far as I can see, the Futuba "clone" has a clear covering. Are they shipping it with an orange cover.
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Old Aug 31, 2010, 05:33 PM
Foam flogger
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"Orange" is the name of the product line. My guess is that it won't have any covering like the spektrum compatible ones they're sending out.

http://www.hobbyking.com/hobbyking/s...ver_(PREORDER)
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Old Aug 31, 2010, 05:41 PM
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Quote:
wouldn't they use different colors on the Futaba one instead of the same "orange"?
I thought you were talking about the use of the color, not the name. Right, it looks like a clear wrap. The XX-compatible line is apparently called "OrangeRx". I think it is more than a mistake that HK chose to use orange to represent both Spek and Fut.
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Old Aug 31, 2010, 08:32 PM
as much as I can
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Quote:
Originally Posted by Bombay View Post
3) HK has "marked" the shell of the Orange receiver with an "S". Not sure what this is intended to mean by HK, but it is noted.
The "S" indicates the Signal pin of the servo connector, so scratch 3.
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Old Aug 31, 2010, 08:37 PM
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noted. thanks.
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Old Sep 08, 2010, 11:22 PM
HELP I AM BEING SET UP!!
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*gasp* Home Depot is marketing 2.4ghz rx's now?


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Old Sep 08, 2010, 11:43 PM
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I'm all for components at reasonable costs..$69.99 was too steep for this technology. They can put the word "compatible" and it's all done, so who cares...
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