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  1. #1
    Stoked! SHOREBOARDZ's Avatar
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    Default are board outlines patentable if it is a vintage shape

    Can a board builder build a 5'5" 14 inch wide board with a historical long board surfboard outline shape , finish the boards with a stained sunburst or stain and poly combination and use large wheels abec wheels.
    Is the concept of a large board patentable. A company is saying I can not build this board as they own the rights to wide long boards. The boards size is different and the top design finishs look nothing like each others.

    I would love your thoughts. To me being a surfer I have seen so many similar shapes and designs that I find it hard to mot have that freedom, Its a cool genre and I feel others should show how they work in that space.


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  3. #2
    Concrete Kahuna skyliner's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    No, it shouldnt be patent-able. thats like a company copyrighting concave and trying to enforce it on other builders, completely unreasonable.

    Just dont copy any of their deck exactly, then you should be fine.
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  4. #3
    Concrete Kahuna Chainmaillekid's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    Might be able to be trade marked, or a few other things.

    And even if they own the rights, there's nothing they can do about it. To do anything about anything, they'd have to sue you, which would cost them thousands.
    So basically, you're perfectly safe using anybodys patents until the point where you're stealing thousands and thousands of dollars from them in sales.
    Unless its a large enough company to worry about legal precedent, but they would start off w/ a C&D.

  5. #4
    What kind of person *are* you? Order of the 'Fish cawlin's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    it is SO hard to defend a patent. Unless there's something really REALLY specific about the design of a skate component, to most judges all the things we use are skateboard things.

  6. #5
    walking on 4 wheels I Support The Fish
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    Default Re: are board outlines patentable if it is a vintage shape

    Copyright would apply to a shape not patent but copyright can be gotten around you merely need to make some distinct changes to the original pattern/shape. Concave on the other hand would have to be revolutionary not evolutionary for it to be patentable.

  7. #6
    Stoked! SHOREBOARDZ's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    They are coming after me for an entirely different outline different dimensions and claim they own it and sent a cease and desist im not sure how to deal with it but it seems they are taking hereitage historical shape and saying no one else can make one and they say no one else can build a wide decked board. I think it is so wrong my boards look so different yet they both do share being extra long mine is 1 foot shorter and i inch less wide and has a different outline. I was told to shut down my company. They also claim where I put my trucks violates there design patent and that is where anyone would place the trucks it like saying a ski company cant mount bindings in the normal location.

    I have not sold a single board but they claim I have they also claimed to have an exclusive with Abec 11 but I checked and they do not. Scary lawyers convincing the owner to keep fighting. I am hiring a lawyer because this is a bad precedent they are setting. Know one should outright own any genre of skating

    Help Me. Corporates are stealing our freedom with bullying lawyers.
    Last edited by SHOREBOARDZ; 01-12-2013 at 07:40 PM.

  8. #7
    Concrete Kahuna cadenc's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    Bro, as long as it isn't EXACTLY the same I don't think they can do ****. Make it half an inch wider in an area, round/sharpen the nose a tad more..I think it's kind of a dick move to try to enforce a patent on something like that..No way it can really apply to all 5'5 14" boards..

  9. #8
    Stoked! SHOREBOARDZ's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    Yeah these boardz are a bit more urban and have the surf_rodz option. I am changing the template slightly and adding some (flare) different features but the template was favoring a surf longboard shape like a webber or gordon smith or any 100s of shapers out there who pushed each other and constantly tweaked the shape. I wanted to make a big board and I kind of like the big board concept. I had a piece of wood that wide years ago I used for land sailing with a windsurfer rig in parking lots.

    Im only helping awaken people to these passive carving heavy glide boards.

    I think its a terrible precedent being set that one manufacturer is trying to say they own that whole space.
    I can not think of another time in skateboarding where size and board outline of a board resembling a classic longboard surfboard is now patentable by one person.

    Thanks for the advice I will tweak the shape but I still have a certified C&D. Stuck paying a lawyer
    Last edited by SHOREBOARDZ; 01-12-2013 at 07:45 PM.

  10. #9
    Stoked! Brondle's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    Quote Originally Posted by Xgecko View Post
    Copyright would apply to a shape not patent but copyright can be gotten around you merely need to make some distinct changes to the original pattern/shape. Concave on the other hand would have to be revolutionary not evolutionary for it to be patentable.


    I agree.

    A look of something generic like a surfboard or skateboard that is wide and long cannot be owned by one person/company. I didn't see Chevy attempting to lay claims to Pontiac saying the Camaro looks like the Firebird.

  11. #10
    walking on 4 wheels I Support The Fish
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    Default Re: are board outlines patentable if it is a vintage shape

    Quote Originally Posted by Brondle View Post
    I agree.

    A look of something generic like a surfboard or skateboard that is wide and long cannot be owned by one person/company. I didn't see Chevy attempting to lay claims to Pontiac saying the Camaro looks like the Firebird.

    umm Pontiac and Chevy were both owned by the same company (GM) from 1933 until Pontiac's demise in 2010. The Camero and the Firebird often shared the same chasis

  12. #11
    Concrete Kahuna Momona Boe's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    Tell Mr Hamborg to lighten up with the attorney. He posts no patents on his site, so unless he can sight a SPECIFIC patent number that you are violating, he should C&D with the bullying.
    "I knew Joe Iacovelli; Joe Iacovelli was a friend of mine. Senator, you're no Joe Iacovelli."

  13. #12
    Stoked! SURF110's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    Hamboards are overpriced and ride terrible my friend borrowed one and the Original trucks felt horrid. At $750 a pop I will build my own with better trucks. If he is threatening you he is probably in over his head and i scared of any competition. He sounds like an A$$. He stole all his ideas to begin with and now has the nerve to claim there his property jeeezzz. where is the stoke in that guy?

  14. #13
    Addicted Cruiser North of 49's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    Ask them for the patent number and a copy of the patent that is allegedly infringed. That should shut them up. They are likely just bluffing, unless you are losing something in translation, IE, that it is a patent issue. Copyrights, trademarks and Industrial Designs are an entirely different matter, and might have some application to a board's appearance. But patent? Not likely, unless it hovers without wheels.

  15. #14
    Stoked! SURF110's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    There patent number is: US D556, 283 S
    It is a design patent but they say by using abec 11 wheels it violates there trade dress and they say the position of the trucks they own a patent for which is ridiculous. They are not nice people at all.

  16. #15
    Stoked! SURF110's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    Its funny how they went away and i thought it was settled with them but the lawyer must have said no to that bought it back to life and want me completely shut down now. I think Hamboards money would be better spent advertising then bullying little guys and becoming a make believe corporate guy. My boards are way different there smaller, better trucks, cheaper price, hand made, and the customer chooses the components and wood.

  17. #16
    Addicted Cruiser couch's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    First of all, try to keep things to 1 thread:
    patents on vintage historical outlines

    Here are there patents:

    Patent USD556283 - Longboard - Google Patents
    Patent USD564613 - Skateboard - Google Patents

    I'm not an expert, but those look like pretty shitty patents to me. It doesn't even give any dimensions. If you're board doesn't look exactly like the ones pictured, I expect you'll be fine.

    The Abec wheels thing can't have anything to do with the patent, since the patent doesn't specify wheel type or brand, just a picture. I learned from wikipedia that a trade dress CANNOT be functional. So that is easy to dispute.

    As for the truck placement, you can find lots of other boards and patents showing similar truck placement, so that shouldn't be hard to fight either.

    I'm pretty surprised by how many board patents there are. None of them seem to give details or dimensions. If I were you I would search around for similar cases, to see if any similar patents have been challenged.

    Semi-related, here's an interesting patent I stumbled on: Patent USD629859 - Longboard - Google Patents



    Now I have 2 reasons to never buy a hamboard.

    If I were you I would have called this thread something along the lines of "Hamboards is threatening to sue me". If they are going to be dicks, let people know. I'm sure lots of people consult SF before buying one, they should care about the bad publicity.
    Last edited by couch; 01-23-2013 at 01:52 PM.

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  18. #17
    Stoked! SURF110's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    Thanks Couch that was some good research. I just feel skaters are really chill people and then this guy comes along and starts sueing other manufacturers so he can sell his $750 dollar boards with crappy trucks. Its botheres me that that there is a sleaze amongst us and he will try and shut you down with his lawyers if you make a better cheaper board then him. Shame on him. He lost the stoke he speaks of on his home page. What a dick!

  19. #18
    Capo di Tutti Posto stringtheory's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    In the end, whether you are in the right or not, you have to ask yourself do you have the money to sustain a prolonged legal fight?

    Unfortunately it's not always a clear matter of right and wrong. It becomes about money, and who has more.

    IF you happen to win, then you get to spend more money on a counter suit to recoup your legal fees and losses.

    The only ones who win here are the lawyers really.
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  20. #19
    Concrete Kahuna Momona Boe's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    /\ this is the smartest answer


    and the one that they are banking on - you don't have the money to fight
    "I knew Joe Iacovelli; Joe Iacovelli was a friend of mine. Senator, you're no Joe Iacovelli."

  21. #20
    Stoked! SURF110's Avatar
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    Default Re: are board outlines patentable if it is a vintage shape

    Quote Originally Posted by Momona Boe View Post
    /\ this is the smartest answer


    and the one that they are banking on - you don't have the money to fight
    My friends is not going to close down he has little or no assets and will show up for court on his own if need be. It must cost a lot of money on there end to even bring it to court. T judge may see there is no likeness in the 2 boards and throw it out who knows. You cant let these cash rich people interfere with small business. They are probably having there stiff built in China where my friend is employing inner city kids in Bridgeport CT.

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