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Forum topic by closetguy posted 05-15-2009 02:05 AM 3563 views 2 times favorited 79 replies Add to Favorites Watch
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closetguy

744 posts in 2549 days


05-15-2009 02:05 AM

I got this email today from a guy today claiming intellectual design infringement on, I guess, one of my cutting board styles. I’ve never heard of this company so I went out and looked at his web site and some of his boards look like one of mine. In fact, according to his email, he says I can’t use all walnut for a cutting board? Is this absurd or what? Email Follows:

*
Hello Dennis,

I just found several of your end grain cutting boards on www.etsy.com and your website that are styled after my uniquie look. This is intellectual design property that is owned by (Name Omittted) Once you go to my website, you will immediately see the design that you have used. I have no problem with the other busy designs that you make, but to copy my design was either a mistake by accident or a blaten infringment. I am asking you to stop using my design and pull and destroy all look-a-like product you have as inventory. The solid walnut end grain cutting board is also very close to infringment too. As this board is a staple product on Food Network and has been for many, many years.

I hope you can see the view from my eyes, as if someone copied your design you’d ask them to stop as well. I will give you 30 days to comply or we will start litigation and seek monetary damages.

Thank you for your prompt response.

**

I think he is referring to this board

-- I don't make mistakes, only design changes....www.dgmwoodworks.com


79 replies so far

View sandhill's profile

sandhill

2122 posts in 2581 days


#1 posted 05-15-2009 02:21 AM

Maybe they should pay you for you design? I would not even give it a second thought, its all BS. Send them you lawyers name that will shut him up. I saw two crafters in OKlahoma at a show “Affairs of the heart” that make and sell the same board, one guy uses a CNC machine and cranks them out. everyone makes them!

-- Bob Egbert AKA Sandhill http://www.sandhillwoodworks.com/

View Rustic's profile

Rustic

3139 posts in 2253 days


#2 posted 05-15-2009 02:26 AM

I wonder if he has a patent on it. I doubt that someone would patent a cutting board made out of wood. It would have to be a unique design. I would check with a lawyer and find out the facts. If he was professional he would have addressed the email “Dear Mr. (insertname). Check with a lawyer anyways

-- www.carvingandturningsbyrick.com, Rick Kruse, Grand Rapids, MI

View majeagle1's profile

majeagle1

1417 posts in 2153 days


#3 posted 05-15-2009 02:45 AM

I also doubt that there is an actual patent on that particular design. I went to his website, ozarkwest.com and all I see is some “similarities”, also I see that at the bottom of his website there is a copyright for 2009, which means it is new, and that may in fact be just for his website / business name.
I wonder if you could get information from the patent office or copyright office?????

I actually wonder if he copied “YOU” !!!!

Also just noticed that his does not have a hand hold !!!

Good luck and BTW – your’s look much better, your website also !!!!

-- Gene, Majestic Eagle Woodworks, http://majesticeagleww.etsy.com/, http://www.flickr.com/photos/majesticeagle/

View Scott 's profile

Scott

103 posts in 2016 days


#4 posted 05-15-2009 03:11 AM

I seriously doubt that he would patent all of his designs. Even if he did it would have to be almost exactly the same. Are you by chance, selling yours cheaper than he is? I wouldnt sweat it too much.

-- Scott, South Carolina

View lew's profile

lew

10034 posts in 2412 days


#5 posted 05-15-2009 03:15 AM

In their own words on the cutting board page ”...you will receive a beautiful one-of-a-kind culinary product.”

I do not see how they can claim intellectual property to “one-of-a-kind” designs. Further more, I’ll bet if you were charging more than them, it wouldn’t be a problem.

Furthermore, the email reads like an extortion note.

-- Lew- Time traveler. Purveyor of the Universe's finest custom rolling pins.

View Tim Dahn's profile

Tim Dahn

1469 posts in 2222 days


#6 posted 05-15-2009 03:50 AM

You could email him back requesting either Proof of patent infringement, (which he will not be able to provide) or to Cease-and-desist. that should shut him up….what a joke! Or a really slick way of getting some free advertisement.

-- Good judgement comes from experience and experience comes from poor judgement.

View Rj's profile

Rj

1047 posts in 2288 days


#7 posted 05-15-2009 03:54 AM

Dennis I just went to his site and I have to tell you I don’t see any resemblance between his and yours
He uses 1
type of wood, you use more than one besides that how does he know what size your laminated/segmented pieces are among other aspects of your cutting boards ? You also router an area out on the bottom for your hands . I would think you would have to copy his to the T before any judge would look twice at this . I really don’t think he can patent it ” I’m not sure” but how could he do that ? His design has been done before by alot of woodworkers, its nothing special thats for sure.
I think he thinks he can corner the market on Walnut cutting boards ,too me thats insane.
So what now nobody can make and sell Walnut or Cherry Etc. cutting boards .

I think he’s blowing alot of hot air

-- Rj's Woodworks,San Jose & Weed Ca,

View Gary's profile

Gary

7252 posts in 2090 days


#8 posted 05-15-2009 04:01 AM

Maybe about 150 LJ’s should make the same board and put them up for sale. That would toast his marshmellows.

-- Gary, DeKalb Texas only 4 miles from the mill

View PurpLev's profile

PurpLev

8476 posts in 2305 days


#9 posted 05-15-2009 04:06 AM

I’ll second Tim’s suggestion – reply back and request a reference to his proof of patent on his design. if there is none, and he cannot supply you with one – he can just have one big cup of shutup

-- ㊍ When in doubt - There is no doubt - Go the safer route.

View Betsy's profile

Betsy

2914 posts in 2553 days


#10 posted 05-15-2009 04:17 AM

Dennis – I wouldn’t get a gray hair over it. I can’t believe anyone would say a completely walnut end grain board is patentable and that no one else can do it. I think I’m going to out to my shop and make a completely cherry end grain board and corner the market. He’s blowing hot air. Has he ever heard of a butcher block?

I’d ignore him. If he sends another e-mail send him a lawyers name and tell him to bring it on. Then when he tries you can nail him and get your attorneys fees and a little pocket change.

By the way – nice looking board!

-- Like a bad penny, I keep coming back!

View closetguy's profile

closetguy

744 posts in 2549 days


#11 posted 05-15-2009 04:19 AM

After doing a thorough search, I found no less than 10 different companies selling the same design. There’s one guy on ebay selling a bunch of them. I wonder who they stole the design from? We couldn’t possibly think up this complicated pattern on our own.

As far as I can remember, the last time someone got upset with me because I arranged the color blocks the same as his, was in kindergarten.

The funny part of this is that over the past two years, I have only sold one of these. Everyone always wants the Wood Whisperer or Popular Woodworking design. Now, if Marc figures out how to spell intellectual design, I’m in trouble….

-- I don't make mistakes, only design changes....www.dgmwoodworks.com

View sandhill's profile

sandhill

2122 posts in 2581 days


#12 posted 05-15-2009 04:27 AM

Like I said he should pay you. You made them before he did so the design is yours and he stole your design.

-- Bob Egbert AKA Sandhill http://www.sandhillwoodworks.com/

View TopamaxSurvivor's profile

TopamaxSurvivor

14753 posts in 2333 days


#13 posted 05-15-2009 04:34 AM

What is Wood Whisperer or Popular Woodworking design? The blocks?

-- "some old things are lovely, warm still with life ... of the forgotten men who made them." - D.H. Lawrence

View CharlieM1958's profile

CharlieM1958

15698 posts in 2875 days


#14 posted 05-15-2009 04:38 AM

I hope no one sues me for that four-legged table I made. I think I may have copied the idea from somewhere. Or maybe it’s just that the two-legged tables kept falling over…

-- Charlie M. "Woodworking - patience = firewood"

View closetguy's profile

closetguy

744 posts in 2549 days


#15 posted 05-15-2009 04:48 AM

Charliem, that is the best reply yet. I almost dropped my coffee from laughing at it.

This is the Wood Whisperer style that I can’t seem to keep in stock

This is the Popular Woodworking Mag style

-- I don't make mistakes, only design changes....www.dgmwoodworks.com

showing 1 through 15 of 79 replies

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