I'm here

Smaug

Mike, Harley uses a translator and so the sentence structure of his posts are often not as precise as the thought he is trying to communicate.

harley

Hey OD, I know you were first, that you write. The reason I asked this question is that Hillbilly stills has directed toiled - protected - patented the name – flute and with 2pc taps on the side of the product cooler ...

They claim that they own the name flute and this version... which I refer, that I have read on some forums and they have also warned others to make use of this name FLUTE for it will be their .... I have read most of what you have written and also rednose and mike, so I know you were the first, but it is not this that I wonder about ....

Mike at hillbilly stills seems to have "protected" this name FLUTE as their own .... and even execution ... But anyone who is literacy rate knows that you are the one who is the father of this design and also the name flute ....

So in order to sell a name, you have to first owning it ... if you have the opportunity to do this as it would make sure you have paper that you own the rights to both the desired name FLUTE as the performance .... otherwise there is nothing to sell ...

In sweden we call it . patent... you own all right to it and name allso... and it is registret hos the goverment

Thanks Smaug, am note so good in English so a use google translating but sometime it issn´t so good... so a relly hope that you all try to be little patients with that... and try to understand what a wright, sorry but am swedish.... Cheers

FullySilenced

In a trademark or name copyright issue i think there is a limited time window to argue about the use of the name ... it maybe 2 year to object to the trademark or name...not sure

harley

OD, After I have read the whole thread on HD so I can only say that this was extremely LOW From Mike on hill billy stills ... So ashamed of you Mike ...

Cheers

olddog

This should answer that question.

Publication" is a technical term in legal contexts and especially important in copyright legislation. An author of a work generally is the initial owner of the copyright on the work. One of the copyrights granted to the author of a work is the exclusive right to publish the work.

In the United States, publication is defined as:

the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.

To perform or display a work "publicly" means –

1. to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or
2. to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

OD

olddog

This is where the build started and was published on HD forum May 2010

harley

If I were in your shoes, I would talk to a lawyer about this and see if there is anything to do about the situation .... If I'm not wrong so many lawyers working in the United States to the commission on them any money that it can recover ... so this should not cost anything to find out ...

Cheers

olddog

Thanks for the advice Harley but I don't see the need unless I am challenged. We have lawyers here who work on a no win no pay system, but I have all the proof I need with publication dates with photos. I am not worried about anyone building this still as the copyright of the design is easily overcome by anyone with small changes, which is then called replication, smaller product condenser/ different sight glasses/ different plumbing routes are all means that a copyright of the design could be easily overcome with minor changes. It's a bit like most of the modern cars all have an engine and 4 wheels, but are sufficiently different even if they are a similar shape to overcome each others copyright. Also copyright only applies to a plan, document, photo, etc which can be published, not the physical item its self.

emptyglass

I dont think this has much to do with legal status, and everything to do with the distilling community. We all know who did what, the time stamps prove it. We've all heard the "but I did this first" stuff, but like OD said, patents are easy to circumvent. Without OD sharing his initial ideas, I would have never made a flute, along with a great many other guys. I have enjoyed making great product ever since. Sharing is a good part of the distilling community, and it dosn't hurt to give credit to someone who shares ideas or findings, as we all benifit.

Smaug

That's right EG. Since OD's Frankenstill build I have been inspired by OD to look at distilling solutions a bit differently than what seemed was the norm at the time. OD's builds represented a true "up tick" in the skill level and understanding of how to wrangle etho. Perhaps all this distilling shenanigans was common knowledge for those formally educated? But for regular slugs like me and those like me with no background,,,, it was very therapeutic to be able to grasp enough info and put it to good use. I believe OD did change the paradigm,,,,,,for the hobby community.

Mike please tell when yer hat gets too small :):)

Rockchucker

Glad to see you around OD! What do you think of the still dragon lineup?

olddog

Itá great to see Lloyd's advances in column still design and making it available to all.

Rockchucker

I also like how each can be customized to an individuals needs.