Hood Shocks

[chuck]

Also hood shock is a trademark of B.C. Broncos.

Jesus, I am guilty of poaching!! GAWD sorry Chuck i did not know!
I will cease and desist my references for this point forward as it is not my intent to do anything illegal.
TOFIC

I don't mind you using Hood Shocks as long as you are not selling hood lifts as "Hood Shocks" or discribing low Q poorly engineered/thought out stuff as "Hood Shocks" That would be as bad as calling a diet RC a dietcoke.

 

[Baja71]

I don't mind you using Hood Shocks as long as you are not selling hood lifts as "Hood Shocks" or discribing low Q poorly engineered/thought out stuff as "Hood Shocks" That would be as bad as calling a diet RC a dietcoke.

Kinda bound to happen if you use a common term as a product name, doncha think? I mean if I decided to come out with a line of skid plates and called them SKIDS, I could hardly chastise forum members for discussing skids, could I?

 

[Broncitis]

I think I and all my friends have always called the gas struts used on OEM hood lift applications "hood shocks" before anyone ever put them on a Bronco? I guess I need to stop calling them that :-X ;D

Sorry Chuck, but it is not really all that unique or original of a name. %) It seems the whole IP thing really gets you wound up more than any other vendor I know of. ?:?

Didn't Rancho used to make some gas struts that were painted white and had red boots like their regular shocks that were called hood shocks or some type of "shock"?

 

[ontherun]

Kinda bound to happen if you use a common term as a product name, doncha think? I mean if I decided to come out with a line of skid plates and called them SKIDS, I could hardly chastise forum members for discussing skids, could I?

I think tha' Pussycat Dolls are gonna' hafta' "chastise" YOU for spelling "Doncha'" WRONG!! It's "dontcha'" S.

 

[ontherun]

Hi Sally

Hi Chuck;D

 

[Baja71]

I think tha' Pussycat Dolls are gonna' hafta' "chastise" YOU for spelling "Doncha'" WRONG!! It's "dontcha'" S.

Dang, where WAS my dictionary???!!! ;D

 

[ontherun]

Dang, where WAS my dictionary???!!! ;D

I don't know! But that was a' HUGE boo-boo!;D S.

 

[Broncitis]

Seems I'm not the only one who sometimes refers to these gas struts as hood shocks, so maybe I'm not destined to be "pitted in hell" for stealing this term? ;D

In fact if you Google "Hood Shocks" you will come up with hundreds of links to various gas struts like these so obviously it common enough to be used by all these people as a search term.

Here are a few that actually call them "Hood Shocks" in the ads or text...

http://www.bimmerworld.com/html/hood-shock-1.htm

http://www.autobadges.com/gashoodshocks/

http://porsche964.co.uk/technical/spoiler_hoodstays.htm

http://www.bavauto.com/se1.asp?dept_id=130

http://www.thesaabsite.com/93/93gasshocks.htm

Also, not to drag out my point, but if Chuck is going to claim it as a proper trademark it would need to be marked as such at every use and reference on his website and catalogs (and in his posts) with a "TM". However it is so generic it could not be registered as one which would allow it to have the circled "R". This allows a greater level of protection and even treble damages from those who infringe upon it.

Stealing ideas is a crappy thing as most of us would agree, but improper use of IP protections also just happens to be a pet peeve of mine.

 

[ontherun]

SO,.. gettin' back to square one,... the FACT that it IS a registered trademark per the vendors' statement,. one must assume that if "said" subject were to enter litigation,... Chuck has tha' afore mentioned users by tha' balls -n- could squeeze such balls till tha' cows come home,.... BECAUSE he took tha' initiative to trademark "said" shocks, while everyone else was asleep,..

Don't hate tha' playa' hate tha' game,...;D S.

 

[Broncitis]

SO,.. gettin' back to square one,... the FACT that it IS a registered trademark per the vendors' statement,. one must assume that if "said" subject were to enter litigation,... Chuck has tha' afore mentioned users by tha' balls -n- could squeeze such balls till tha' cows come home,.... BECAUSE he took tha' initiative to trademark "said" shocks, while everyone else was asleep,..

Don't hate tha' playa' hate tha' game,...;D S.

I do not know that as fact and neither do you from that statement. It said nothing about being "registerd" with the USPTO. Not all Trademarks are registered and I would actually be very surprised if it could even be registered since it is so generic. Another (but even more generic) example would be that I can not trademark the word "hood" in reference to a panel that covers the engine compartment and then claim that no manufactuers or vendors can use the word "hood" in the context of a part that serves this purpose.

The FACT is that if it is registered it needs to be identified as such by using the proper symbols. Not doing so-as well as not prosecuting violators -can and does consitute "abandonment" of the the trademark which makes future attempts at prosecution or enforcement all but worthless.

Sorry, but as an engineer and designer I have some interst in IP and my GF is an IP Paralegal who has "schooled me" on some of this over the last several years.

The other FACT about IP protection is that unless you are willing to spend big $ prosecuting violators, it is basically worthless.

I don't make the rules, or to use your words..."Don't hate tha' playa' hate tha' game,...;D " ;D

 

[ontherun]

I do not know that as fact and neither do you from that statement. It said nothing about being "registerd" with the USPTO. Not all Trademarks are registered and I would actually be very surprised if it could even be registered since it is so generic. Another (but even more generic) example would be that I can not trademark the word "hood" in reference to a panel that covers the engine compartment and then claim that nomanufactuers or vendors can use the word "hood" in the context of a part that serves this purpose.

The FACT is that if it is registered it needs to be identified as such by using the proper symbols. Not doing so-as well as not prosecuting violators -can and does consitute "abandonment" of the the trademark which makes future attempts at prosecution or enforcement all but worthless.

Sorry, but as an engineer and designer I have some interst in IP and my GF is an IP Paralegal who has "schooled me" on some of this over the last several years.

The other FACT about IP protection is that unless you are willing to spend big $ prosecuting violators, it is basically worthless.

I don't make the rules, or to use your words..."Don't hate tha' playa' hate tha' game,...;D " ;D

Dude,...Excuse me,... no need to lecture me as if I didn't know the simple facts that you've stated,.....%)
My husband is an engineer too,(it's just a word,..) but he doesn't let his' "pet peeves" upset him so....
By the way Chuck,. I need a set of your trademarked Hood Shocks. We'll pick them up next time we're in Ingram.
Landis has me standing on tha' rig all tha' time holding tha' hood,. it gits kinda' hard holding it in tha' wind,. S.

 

[chuck]

I think I and all my friends have always called the gas struts used on OEM hood lift applications "hood shocks" before anyone ever put them on a Bronco? I guess I need to stop calling them that :-X ;D

Sorry Chuck, but it is not really all that unique or original of a name. %) It seems the whole IP thing really gets you wound up more than any other vendor I know of. ?:?

Didn't Rancho used to make some gas struts that were painted white and had red boots like their regular shocks that were called hood shocks or some type of "shock"?

Hi Drew, I called my gas lifts hood shocks before any of the other venders had hood lifts. I had never heard of any one calling gas springs hood shocks. When I named my product hood shocks I was informed by several people that they were not shocks. They are not and I knew that. Anyway I do get wound up about people copying my stuff to sale, not unlike you a few years ago when someone copied your door inserts. I have never heard another vender complain about this except you and Nick, wonder why.

 

[chuck]

Drew, I looked at soe of the sites you posted above. Calling the gas strutes shocks does seem to be very common, not a big deal.
I checked with a attorney about trade marks a while back and he told me that it was no longer nec. to use the TM or R in a circle. He said that the law changed a few years ago. Was I told wrong? If so where do you go to reg. a trade mark?

 

[Broncitis]

Sally:

Yes, it is just a word to some extent but it is also a course of study, degree and working knowledge base that often exposes some of us to the related field of IP in the real world. I used it only to infer that as one I (and many others) often encounter these issues on a semi-regular basis in our professional lives and have some real world experiance with IP as well. More so than say a farmer or a baker. I'm not sure what your first hand experiance is with IP, but I'd love to hear.

Sorry, I was not lecturing (obvously you've never seen me so that yet ;D ). You stated a couple things as "FACT" which were not. I'm not upset at all. I do not sell these or have any intention to. I just see the misuse and abuse of IP as ignorance that could easily be prevented.
IMO, if one cares enough to use it and its protections, then it should be used correctly. Otherwise there really are no such protections anyway and its just an empty claim.

Now who's the hata?



Chuck:

Maybe, but the USPTO would care less if it was the Early Bronco applications specifically. They would look at the much more general application of automobiles or maybe even something larger.

Correct, they are not shocks. They are gas springs or gas struts. However, as with many things, people use a more generic or familer name. A 9" center section is not a "pumkin", but many people call it one.


LOL, you certainly appear to get wound up by many of the posts you make on the issue. (i.e. the T Chenny thread on shirt artwork most recently which prompted my "pitted in hell" quote ;D

Yes, I was not thrilled when I saw pics of those inserts on ebay. As it ended up, he did not actually copy the design (at least I never got any real confirmation that he did). It appears that he only took the pictures off your website of my inserts on your rig. It was a lame and improper thing on his part for sure. You were also upset by the fact he lifted the pics off your sight and was using them to compete against you (and rightfully so). However, I quickly realized as I had been told many times previously that much of the fiberglass world lives on rip offs so there there is not really much you can do about it except offer a top not product and service to people want yours over theirs. I knew I did not have a design patent so I was not afforded any protection of one and would not expend the money to defend it even if I did.

Nick? I wonder why as well? You lost me on that one. ?:? I have no regular dealings with him. I just do this for fun, not my livelyhood, so I'm hardly a "vendor" of the same magantude as you, WH, JBG, etc. I don't make the parts in question or hardly any other items I can think of that would be considered competitve, so what is your point?

Sorry, I was just pointing out some things about the topic that evolved. I'll call a spade a spade regardless who deals it.

 

[ontherun]

I'm not the hater.;D
My post was in the form of a' question by the insertion of the word "assume,..." ;D
You read into it what you wanted so you could rant about a' subject that didn't enhance the quality of a otherwise informative thread.
I hope American Pride derived something about Hood Shocks from this anyways,..
I'm out,.... S.

 

[Broncitis]

Drew, I looked at soe of the sites you posted above. Calling the gas strutes shocks does seem to be very common, not a big deal.
I checked with a attorney about trade marks a while back and he told me that it was no longer nec. to use the TM or R in a circle. He said that the law changed a few years ago. Was I told wrong? If so where do you go to reg. a trade mark?

Not a big deal? ?:?

No, it really isn't to most people but should be to you if you want to claim it as a Trademark. It is the exact genericness of the term that I was pointing out that would make it difficult if not impossible to register or enforce as a TM.

I called my GF this morning and she said that to the best of her knowledge there has not been a change that allows for not identifying protected IP as such (if this were the case how would anyone know what is or is not protected with out extensive searched of everything?). She now works for a large corporation in their legal office doing much of their franchise agreements and just a little of their Patent and TM work which is now sub contracted out to an outside IP firm. She does not handle as much of this as she did when she worked for a law firm that specialized in IP so it is possible that she is not aware of a recent change.

To register a TM it can be done through a state (does not offer as great of protection) or through the US Patent and Trademark Office (USPTO). It can be done directly or through an IP attorney.

 

[Broncitis]

I'm not the hater.;D
My post was in the form of a' question by the insertion of the word "assume,..." ;D
You read into it what you wanted so you could rant about a' subject that didn't enhance the quality of a otherwise informative thread.
I hope American Pride derived something about Hood Shocks from this anyways,..
I'm out,.... S.

Sorry, but that's not how I read your post. It states it was a "FACT" and that that the assumption was that if the subject were to go to litigation Chuck would prevail. If you were to add an "if" it would have read totally different. I.e. "IF the FACT that it IS... " .

Symantics? Maybe, but it was certainly not clear to me that the assumption was the fact of the TM legitimacy. (if any of that made any sense? ;D )

Anywho...you know what they say about the word ASSUME!

No "rants' here. To rant would imply I have a vested or emotional interest. I do find it annoying when this stuff is used improperly but It really does not affect me either way.

I think American Pride got his questions answered early on, so having some further information about a resultant tangent topic did not harm anyone but should have only gone to extend the knowlege base for those who may care of have any form of interest in the topic. If American Pride feels he (or she?) needs more info on the topic and that it was not covered well enough becasue of the resulting tangent which I contributed to, I apologize.

 

[ontherun]

I won't feed the fire ...I say good day sir.....;D..S

 

[chuck]

It isn't worth the 1 hr of att. time to verify but when I get a little time I will dig up some notes and see if I screwed up what he told me. The not a big deal means that there is no way to inforce patents or TMs in a small venue like early broncos, not enough money to pay the lawyers. So it come down to the moral fabric of those stealing ideas and those buying stolen ideas whither it is mine or T Cheney's or Nick's or yours I still don't like it.
"I wonder why" means Either others don't have anything to complain about or maybe they have long sense given up on complaining. Like, Did you know that Duff has a patent on the degreed C bushings?
QUOTE=Broncitis]Not a big deal? ?:?

No, it really isn't to most people but should be to you if you want to claim it as a Trademark. It is the exact genericness of the term that I was pointing out that would make it difficult if not impossible to register or enforce as a TM.

I called my GF this morning and she said that to the best of her knowledge there has not been a change that allows for not identifying protected IP as such (if this were the case how would anyone know what is or is not protected with out extensive searched of everything?). She now works for a large corporation in their legal office doing much of their franchise agreements and just a little of their Patent and TM work which is now sub contracted out to an outside IP firm. She does not handle as much of this as she did when she worked for a law firm that specialized in IP so it is possible that she is not aware of a recent change.

To register a TM it can be done through a state (does not offer as great of protection) or through the US Patent and Trademark Office (USPTO). It can be done directly or through an IP attorney.[/QUOTE]

 

[American Pride]

sorry for starting this thread w/ "hood shocks" (r), i did not mean for this to offend anyone. next time i will consult a lawyer