Ebay problem-you gus got to read-Talk with Sikorsky Att. Mr. Pasulka

It's been a while since law school, but:
Laches is a doctrine of equity (as opposed to statute law) that dictates whether one loses one's rights to an action due to inattention, during which time the supposed malefactor relied on the lack of objection to conclude that the activity in question was neither actionable nor improper. This doctrine arose to prevent those with potentially valid claims from waiting until the supposed malefactor had gotten way out on a limb before chopping it off, because this sort of 'ambush' litigation was considered to give the potential claimant too much leverage. Laches generally cannot apply where there is a specific statute of limitations that apllies to the type of action in question, but where the period of limitation is very long (say, ten years), laches sometimes still has an application within a lesser period of time, depending on the facts (and what the judge had for breakfast).
Mark Schynert
Reply to
Mark Schynert
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I failed to see what the "fuss" is about. If a company sells a Trek kit, Paramount is expected to get "their cut." Any Trek kit company that failed to pay the license fee to Paramount should expect calls from Paramount's landsharks. Unlicensed product should expect to be confiscated and their sale banned. So what is the fuss here again? Just because companies has "gotten away with it" for so long does not necessarily makes it legal or right.
Reply to
David Chiu
Next time you go to a hobby store, check out the Academey AH-60 Blackhawk. I looked on all six sides of the box and didn't once see the name "Sikorsky" Also, look at the ad on the inside of this month's FSM, on the inside of the front cover. Its from Boeing telling about getting models from one of their "certified (IIRC) vendors". What a world!
-- John ___ __[xxx]__ (o - ) --------o00o--(_)--o00o-------
The history of things that didn't happen has never been written - Henry Kissinger
Reply to
The Old Timer
Heh...remember those "generic" NASCAR kits?..no decals, please. Go buy your own. One way a model comany chose to get clear of the issue.
Reply to
Rufus
Crap, Chessie System started that stuff back in '81 because somebody was producing cartoons using their cat character in uncomplimentary ways. For awhile the Chessie logo on the engine front had a copyright sign with it. There may be one next to the CSX on the engines now but their paint jobs are so murky that I can't tell. My reaction to all that was to invent my own railroad and repaint any Cheesie(sic) equipment I had.
Bill Banaszak, MFE
Reply to
Bill Banaszak
I do know that JPL closely guards their rights to all of their creations. Question is, if I were to build a Sojourner from scratch could I sell it (my one and only model) on eBay?
Curtis Bullard IPMS 40355
Reply to
IPMS 40355
The fuss is about messing with third-party sellers who have themselves committed no infringement and can have absolutely no influence inthe resolution of the problem. Further, the fuss is that this mean-spiritedness may very well be improper or even illegal. Sikorsky's pet sidewalk remora (he's just fishing for scraps, so he doesn't qualify as a landshark) should be spending his valuable billable hours drafting pleadings against Revell or whatever other infringer he thinks he's identified. And I'd love to be the judge when he gets to me, but I'd have to recuse myself, durn it.
Mark Schynert
Reply to
Mark Schynert
snippage
FWIW Sikorsky's shysters may have more work than just Revell to deal with. There is a nice injection molded 1/72 scale kit for the Sikorsky S-43 Flying Boat from the Czech firm of Sword and a resin cast 1/72 scale model of the S-38 Flying Boat from Czechmaster Resins. Wonder how much sympathy the big shot lawyers will get from a Czech court when they go picking on a little Czech Company?? And I can't wait to see what happens when one of these aircraft or car companies goes after Trumpeter or Panda considering the Chinese attitude toward "Intellectual Property Rights". "Rots of Ruck"!
Bill Shuey
Reply to
William H. Shuey
And now another twist. My friend Igor, of Unicraft Models in Ukraine, makes a resin kit of the Scaled Composites "White Knight & Space One". He tells me he just got an email from SC asking him to stop making & selling his kits. He wrote them back explaining that he made the kits from readily available photos & drawings & he's only made a small number of them. SC again responded & said that they woud ask so & so if he would grant Igor permission to sell the rest of his inventory! He's already removed their name(s) from his site. I doubt SC can or will do anything in Ukraine, but I suggested that he jusst remove all SC refs & go ahead. I'm curious to see if they'll grant Igor permission to sell his inventory, & if they do, what they'll want in return.
Reply to
famvburg
Porsche was one of the first who took action in the mid eighties and most of the industry seemed to follow them. There was literally tons of merchandise on the market with their name, crest, and car shapes and names- bathrobes, towels, jewelry, calanders, clothes, panties, mugs, coolers, stained glass window hangings, auto accessorys, diecasts, models, car parts... They didn't make any money off them, they had no control over quality, yet much of the publics perception of the brand and products was in the hands of others and entirely out of their control. Their brand name and image were obviously valuable in ways other than just building cars. They took control of their rights that already existed. I have no problem seeing it from their viewpoint.
BTW- Porsche went as far as looking through local region newsletters for anyone making or selling unlicenced stuff and all got letter from their lawyers.
Tom
Reply to
Tom Hiett
Glenn Johnson runs Realspace models. A few years back he had some copyright issues with JPL over models of their spacecraft. It seems at the time they entered an exclusive with Mattel and Glenn could not produce any kits of Sojourner/Pathfinder. I believe that has since been cleared up.
As far as selling a completed model... that opens up a new can of worms. I am assuming their exists some kind of minimum standard that the full size manufacturers expect model companies to ahdere to.
If one is building a scratchbuilt Sojourner or a Sikorsky HSS-2, what if it really doesn't look much like the full scale prototype? It may look that way to the modeler, but to the rest of it looks like a six wheeled ironing board or Harold the helicopter from Thomas the Tank Engine. I don't mean this personally in anyway, it just that the completed model is open for interpretation. How can the suits call these models illegal from a JPL or Sikorsky point of view?
Gene
Reply to
Gene DiGennaro
IMHO Igor should just tell them to Fuck Off and never set foot in the USA (so he can't be arrested) because there is absolutly bugger all corporate America can do if he just keeps on selling them from the Ukraine.
Reply to
Roger Demming
Having spoken to Mr.Rutan about scale models of his creations on several occasions he is probably still pissed off by the attrocious A-Model Voyager.:-)
Tom
Reply to
Maiesm72
Hmm. A wasp nest inserted at that location.....might do some good.
I had been worried about RDAF replacing its aging Sea Kings (dare I say Sikorsky?) with Merlins. But Sikorsky sure lost my sympathy now.
OTOH you can't blame the machines for being built by a company that's gone bad, so I'll continue to build helicopter models.
-Lasse
Reply to
Lasse Hilleroe Petersen
To the list, you can add Rolls-Royce - at one point, just describing your product as the 'RR of whatever' would get you a letter from their lawyers. Almost impossible to get licences from RR now. Also add Harley-Davidson - mucho dinero for a licence and Caterpillar - same as HD.
Whoops, now I'll be geting letters and paying fees.....
RobG (the Aussie one)
Reply to
Rob Grinberg

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