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Old 02-08-2012, 01:15 PM   #21 (permalink)
 
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Quote:
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I have a question for you. I have a 1/2" by 1/2" x 6" piece of aluminum. Do you foresee any issues with using that to make my own version of a pen pro instead of SS?
I would NOT use aluminum as a tool shaft... ever.
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Old 02-08-2012, 03:49 PM   #22 (permalink)
 
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He DID say that he wanted to make his own VERSION of a pen pro, so he was actually referring to YOUR tool, not his own. I would take that as a compliment!
I'd disagree -- only Ken makes Pen Pros -- originals or "VERSIONS". Anyone else is making a "carbide-tipped pen turning lathe tool".
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Old 02-08-2012, 04:00 PM   #23 (permalink)
 
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Quote:
Originally Posted by glycerine View Post

He DID say that he wanted to make his own VERSION of a pen pro, so he was actually referring to YOUR tool, not his own. I would take that as a compliment!
I'd disagree -- only Ken makes Pen Pros -- originals or "VERSIONS". Anyone else is making a "carbide-tipped pen turning lathe tool".
There's nothing really to disagree on. I was stating a fact, that grz5 was not calling his own tool a pen pro...
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Old 02-09-2012, 08:10 AM   #24 (permalink)
 
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Quote:
Originally Posted by grz5 View Post
I have a question for you. I have a 1/2" by 1/2" x 6" piece of aluminum. Do you foresee any issues with using that to make my own version of a pen pro instead of SS?
I would appreciate it if you would not use the Pen Pro name in describing your tool, I've already had this discussion with Crafts USA and Mr. Nish sent me a very nice letter and compensation. Not trying to be a Hard A$$ but I've spent a lot of time and money developing and establishing it as a brand name, I'm sure you understand!!
Thanks
Ken Ferrell
He clearly said 'my version of a pen pro', which is what it is. If he had typed "Do you foresee any issues with using that to make a pen pro", then I would see your issue, but he did not.
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Old 02-09-2012, 05:21 PM   #25 (permalink)
 
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OK, I'll use a software analogy to make my point. Oracle is the distributor of OpenOffice software for PCs. It is an free "equivalent" to Microsoft's Office. (Writer is Word-compatible, Calc is Excel-compatible, etc.)

Nowhere does Oracle say OpenOffice is their "version" of Office. Microsoft would sue. It is not their "version" of Office, it is their free alternative to the MS suite of products.

Subtle, maybe, but there is a difference.

Heck, I don't even own a PenPro yet, just trying to come to Ken's defense of his request. Nuff said, I'm moving on ...
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Old 02-10-2012, 10:04 AM   #26 (permalink)
 
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In all seriousness, there are many "office suites" out there other than Microsoft's. OpenOffice it's just an open source productivity suite, they don't need to call it a version of anything...
I think that Ken should be flattered that someone referred to a carbide tool as a pen pro. It's like when people used to call copiers "xerox machines". Heck, it's free advertising for him. Unless someone calls their own tool a pen pro, I don't see where there's an issue. Are there any lawyers among us that can answer that???
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Old 02-10-2012, 10:23 AM   #27 (permalink)
 
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Guys -- The concept of Trade Mark requires that the owner be diligent in pursuit of exclusive use. If the owner is not diligent, they lose the control of the trademark designation. The classic example is "coke" has become generic and is no longer protected as "Coke Cola" is.

It would be best to help Ken protect his trademark and not use the term "Pen Pro" except to refer to his trademarked product.

(I am associated with a brewery that has had to be very very diligent to protect trademarks -- and the law does not make much room for being gratious and nice about use of trademark name and artwork).
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Old 02-10-2012, 12:53 PM   #28 (permalink)
 
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Ken V, I agree with respect to protecting against trademark infringement and I do stand behind Ken F when that's the case.
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Old 02-11-2012, 09:18 AM   #29 (permalink)
 
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Last in line:
How many of you are familiar with Sam Maloof?
Sam's furniture is renowned, particularly his rocking chair.
There are a litany of Sam Maloof inspired rocking chairs.
None have decreased the value of a Maloof original --
a chair which has been purchased by a US President.
It's a chair which has sold for more than $100,000.
It's not a version of the Pen Pro; it's Inspired by the Pen Pro.
Making a "version" of someone else's product is what the Chinese do when
they ignore trade protection laws, steal and sell copies aka knock-offs.

Grz5, don't use aluminum and don't sell it.

Cheers.
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Old 02-13-2012, 07:57 AM   #30 (permalink)
 
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One of these days, I'm going to take my camera out to the shop and take some pics of my version of the pen pro or whatever.
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