Chalkley Cup Clone?????

   / Chalkley Cup Clone????? #1  

ronjhall

Super Star Member
Joined
Apr 18, 2000
Messages
14,450
Location
SW Oakland County Michigan
Tractor
Kubota 2910 HST
I was watching First Business news program this morning. A company called <A target="_blank" HREF=http://www.stukcup.com>Stukcup</A> has come out with a magnetic bottom cup. It’s only 32 ounce and doesn’t have a handle. They also don’t have a <font color=orange>Orange</font color=orange> colored one./w3tcompact/icons/frown.gif They do have all the other colors.
/w3tcompact/icons/hmm.gif It looks kind of suspicious that this company shows cups being used on tractors and lawn equipment.
Mark may want to check into this copy of his idea. /w3tcompact/icons/eyes.gif
 
   / Chalkley Cup Clone????? #2  
Yikes..did you read the <font color=red>Warning<font color=red><font color=black> about the magnet. /w3tcompact/icons/shocked.gif

The product does look interesting tho. /w3tcompact/icons/eyes.gif
 
   / Chalkley Cup Clone????? #3  
Also note that they use the phrase "patent pending". Perhaps a missed opportunity for our friend Mark? Hmmm /w3tcompact/icons/smile.gif
 
   / Chalkley Cup Clone????? #4  
I'll bet the chances they got the idea from TBN are a lot better than the chances that they'd admit it... /w3tcompact/icons/tongue.gif
 
   / Chalkley Cup Clone????? #5  
Patent Pending? How can you get a patent on a normal sports bottle that every wal-mart in the nation sells with a magnet glued to it?

Jon
 
   / Chalkley Cup Clone????? #6  
I wonder if you could use TBN as evidence of prior art? The Chalkley Cup concept certainly was disclosed and well documented right here on the 'net.

FWIW I just ordered two of these things. One for me, one for my wife. Got a <font color=green>green</font color=green> one and a <font color=yellow>yellow</font color=yellow> one to match the tractor. I sure would have enjoyed sending that check to a fellow TBNer /w3tcompact/icons/smile.gif
 
   / Chalkley Cup Clone????? #7  
Mark, I was betting that you got them to make it and would get royalties.
 
   / Chalkley Cup Clone????? #8  
Jon - <font color=blue>How can you get a patent on a normal sports bottle that every wal-mart in the nation sells with a magnet glued to it?</font color=blue> My guess is that you can't. I doubt the use of the phrase on their web site is anything more than a smoke screen to scare off others while they're the only company out there selling one. I'd be very surprised if they've even applied for a patent. I certainly don't think I'd waste my money trying to sucker the patent office with it. On the other hand, if I knew they had applied for one, I'd certainly direct the patent office to this site as evidence that they not only weren't the first to come up with the idea (and neither was I, most likely), but it's highly probable that they didn't come up with it at all. Not that I want to patent the concept - just that I don't think they should be able to, either. Of course, the whole idea of a patent may be that whoever applies for it first has the right to it, in which case the emphasis is on the application rather than the idea, so they'd have more right to it than I would. I dunno - I do know I don't think they should have exclusive rights to market a product based on the concept. Again, not that I intend to do that, either, - I don't - but I sure wouldn't mind someone else doing it. Just so they don't pretend to have invented the concept.

Besides, I like my implementation a lot better, for several reasons: 1) Mine is bigger, and bigger is always better. /w3tcompact/icons/smile.gif (But if you want smaller, but with the same other advantages, just use the smaller version of the Aladdin cup.) 2) Mine appears to be a lot better insulated, and that's very important to me. 3) Mine doesn't need an anti-scratch "landing-pad decal" because the magnet doesn't touch the fender in the first place. Now, let's see if that leads them to improve theirs. /w3tcompact/icons/wink.gif
 
   / Chalkley Cup Clone????? #9  
If I remember correctly, you can't use "Patent Pending" unless it really is. You have to have filed it and are waiting for issue. I'm not sure about the "first to patent" issue. Part of the reason for having patents is to encourage people to bring ideas to market, and to protect them from competition for a period so they can make a profit before everybody and his brother copies it. I believe it's even possible to have an issued patent revoked if the patent is not being used commercially (i.e. the urban legend about the battery companies buying the patent for a new batter that lasts for XX years without recharging, then sitting on it so nobody else can make one, keeping the battery company's older technology competitive. Such a patent could be challenged and possibly revoked). So, even if Mark had patented it, it could possibly be challenged if he wasn't trying to produce it (or could show a reasonable plan for doing so in the future, or for licensing it to somebody else for manutacture). But, the fact that your version appeared here could be used as evidence of prior art, assuming it appeared prior to their application for patent, preventing them from being granted one.

Another interesting aspect of patents is that the issuance of a patent only gives you the right to sue somebody for infringement. In other words, it's up to the patent owner to enforce it through the courts. You can't just call the patent cops have them take care of it. Also, if you own a patent and know that somebody is using it without license, and you choose not to pursue it, this can be used as evidence of abandonment, voiding the patent.

I've done some research on patents, especially for processes (mostly relating to software). All in all, patent law is pretty complex, and often requires a knowledgeable attorney to get it right (or close to right). The cost of getting it in the first place can be only a small part of the overall cost for keeping it.

Kevin
 
   / Chalkley Cup Clone????? #10  
I wonder if owners of the new J.D. 4X10 series should heed that special warning.
 
 
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