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Guest Rafael Morgan

Someone Stole My Design

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Guest Rafael Morgan

Hi guys,

I really need your help this time! It´s really serious.

Someone stole my design!

Some of you might know my Light Drop lamp, if you don´t, you can see it here in this link:

 

http://www.rafaelmorgan.com/2007/10/light-drop.html

 

It´s been featured in hundreds of design related websites and magazines, and it won the third prize in the Design Boom´s competition Bright LED, 2007.

It´s coming to massive production this year, by www.dark.be

 

There is a French guy got "inpired" by my design and he is selling it over the internet!

He have already participated in design fairs like Maison and Object this year.

Here is the link to his website:

 

http://www.maximechanet-design.com/-Lampes-.html

 

My original lamp was published even in French magazines like HOME and AD.

My Light Drop lamp is patent pending and protected by worldwide copyright laws.

Can you help me with this one guys?

 

Please, let me know what you think.

 

Cheers,

 

Rafael Morgan.

www.rafaelmorgan.com

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Guest Designsilo

If i were you, i would contact him directly and tell him to stop selling his product and remove it from his website. Give him all the necessary patent proof and the copy-wrights. If he refuses or is uncooperative, then you should contact the patent office and your attorney. Simple communication goes a long way. Don't assume anything until you get all the facts.

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Guest whatisdesign

What part of the design did you apply for a patent for?

 

I have seen many other ideas for lights that use a tap to turn them on and off, and control their brightness with how much the tap is 'open'

 

These ideas came along before yours, so their designers could just as easily question your idea as copyright infringement. (just looking at the situation from a completely impartial viewpoint)

 

You say Maxime Chanet stole your light, but he has not directly copied it. I would be very suprised if you would be able to challenge him legally.

 

Where you can challenge him is on the market. I believe your light is more attractive, and if well manufactured, will ultimately be more applealing than Maxime's light. If this is the case, the consumer would be more likely to choose your light - thus, you would win in the open marketplace.

 

Just my thoughts...

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Guest newt @ MWE

Hey

 

Just curious as to which organization governs worldwide copyright laws. I don't think there is one myself.

 

If you have filed for a patent, he doesn't owe you anything until your patent comes through. As whatisdesign was saying, it really depends on what you patented not to mention who patented whatever first.

 

In addition, the fact that it has been featured in hundreds of magazines and websites has made it public domain and it will be very VERY difficult to enforce any sort of legal actions.\

 

newt

 

PS. speaking of legal actions, I really wouldn't post someones e-mail with the instructions "If you want to help me, send this guy an e-mail!". Not much grey area for a jugde in a harassment case.

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Guest matt___

Raphael: First of all let me say that when I saw your design last year I liked it a lot. And yes, it has certainly got a lot of publicity. But now let me say you are treading on some dangerous ground in making these accusations in the way that you are.

 

Firstly, unless you are absolutely certain that this guy stole your idea, you are running the risk of libeling him. If he makes his living as a designer and you are accusing him of copyright theft that could seriously damage his reputation and earnings; if you are wrong he would be well within his rights to sue you for loss of income. If I were you I'd seriously tone down your accusations.

 

Secondly, the first rule of IPR is that patents are meaningless without the money to back them up. If your patents have been infringed and you can afford to take it to court, do so. If you can't afford it, there's nothing you can do about it. Harsh I know, but that's the reality. Also in most of Europe, patent pending is meaningless - a patent must be filed before an invention is made public. (It's different in the US where you have one year after publication in which to file.) In other words your patent pending is probably worthless.

 

I have no idea whether this person copied your design, or whether it's just one of those coincidences which happens now and then. This guy already has his work in production and on sale, which means he must have moved pretty fast after seeing your work. Calling someone a bastard for stealing your ideas is a very aggressive position to take, and could backfire badly on you if it turns out that this wasn't a case of copying. I'd say think about how certain you are that your ideas were stolen, and then think whether this is the best way of resolving things.

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Guest Lange

@Rafael

 

I think that there is no orginality or radical new idea possible in today's consumer society... specially not concerning design. Every idea, thought and concept was thought before (e.g. http://www.taplamp.com.

But hey that's what makes the "design game" fun... find the small differences, trends and movements and convert

them into "new" concepts...

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Guest mola667

I agree with matt, anyway i like more your design than the french guy one ( copy or not copy )

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Guest Lilith

i have only one thing to add to what Matt said, it wouldnt accure to me that 2 designs are "similar" if not this topic (stil i think they are quite different though). good luck

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Guest Rafael Morgan

Hi guys,

 

Thanks A LOT for your help! I really appreciate!

 

Most part of you have much more experience in this business than I do, so I really respect all your opinions!

 

Like you said, I don´t have the resources to take this case to the international court but I will keep you updated about this case anyway.

 

I think the best way to fix this thing is on the market itself.

 

Thanks for the support!

 

All of the best,

 

Rafael Morgan.

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Guest shapingstuff

I would do something about it. It appears he has made a really @#$@#$ copy of a cool product and missed the point in the process. Hopefully no fool buys it.... makes you angry.... find out where he lives?

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Guest P3NGU1N

Shapingstuff. Perhaps you don't understand how the industry works. Depending on the type of patent that Rafael filed it is quite possible that a simple change in the design could completely bypass it. Ontop of that everything that Matt said holds true here. We have no idea when the other guy created his product, the patent which is currently pending is useless on an international level and we don't know if it was simply a coincidence. What do you really intend to do once you find out where he lives? NOTHING.

 

If anything I've said is wrong someone with more experience please correct it. I would hate to mislead someone with my dated information.

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"My Light Drop lamp is patent pending and protected by worldwide copyright laws."

 

I think the other product concept has no protection maybe he applied for protection but still in progress. Show your documents to man. he will understand you if not you can earn more money from that product :blink:

 

 

"It´s been featured in hundreds of design related websites and magazines, and it won the third prize in the Design Boom´s competition Bright LED, 2007."

 

Use that sentence if you go to court..

 

edit:

About the shape, it is not a normal lamb it is very different concept so you are 100% have right to do anything about this issue.

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Guest A17

Isn't it only considered plagarizing when the enitire thing was copied (in the field of design)?

 

I see a lot of designs that look similar but aren't exactly the same, or at the very least looks the same but is of the cheapest quality.

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Guest simpson
i have only one thing to add to what Matt said, it wouldnt accure to me that 2 designs are "similar" if not this topic (stil i think they are quite different though). good luck

 

Same here. The designs mentioned aren't mirror-like. Althought, i like yours better :P, i don't think that you would get far with your previous statements and accusations.

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