Slashdot Mirror
$30K Worth of Multimeters Must Be Destroyed Because They're Yellow
An anonymous reader points out a post at the blog of Sparkfun, a hobbyist electronics retailer. They recently received a letter from U.S. Customs saying a shipment of 2,000 multimeters was being barred from entry into the country. The reason? Trademark law. A company named Fluke holds a trademark on multimeters that have a 'contrasting yellow border.' Sparkfun's multimeters are a yellowish orange, but it was enough for Customs to stop the shipment. Returning the shipment is not an option because of import taxes in China, so the multimeters must now be destroyed. At $15 per item, it'll cost Sparkfun $30,000, plus the $150/hr fee for destroying them. Sparkfun had no idea about the trademark, and doesn't mind changing the color, but they say restrictions like these are a flaw in the trademark system. "Small business does not have the resources to stay abreast of all trademarks for all the products they don't carry. If you’re going to put the onus on the little guy to avoid infringing IP then you shouldn't need an army of consultants or attorneys to find this information."
Did Fluke actually request this? Or did Customs do this of their own volition?
If it's the latter, Fluke should step up and allow them to make a one time exception for this shipment. It would generate considerably goodwill for the company and show that they're not bullies keeping the little guy down.
If they DID request this, then fuck them all with a chainsaw, seriously.
This is a typical example of the consequences of 'intellectual property' extremism that harms society for no good reason.
I dream of starting a company that can innovate with new products. But I suspect the reality would be a nightmare of lawyers and hassles instead.
SJW's don't eliminate discrimination. They just expropriate it for themselves.
Those look a LOT like a Fluke multimeter, in more ways then just the color. I find it hard to believe that isn't intentional.
"Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
Ask Apple how you can trademark rounded corners. I'm sure they have lots of insight on this.
I've trademarked black writing on a white background. Please destroy any materials that infringe on my IP
Ok, you can't send em back, and the gov't says they aren't legal here. Why not a third destination?
Those people who think they know everything are a great annoyance to those of us who do. (Isaac Asimov)
Sorry, I like SparkFun and all but this does look a lot like Fluke industrial design. Ok so the colour isn't EXACTLY the same shade of yellow, but if you removed the branding from it and asked somebody what brand it looks like they'll say Fluke assuming they've poked around the market any or are in the industry. Granted it would be cool of Fluke saying something like "OK This ONE time" since SparkFun is all about hobbyists who might eventually become Fluke customers. SparkFun should have thought of this before ordering a container full of them, pleading ignorance that your multimeter is DAMN CLOSE to somebody else's product and not expect trouble is dubious at best. It looks a lot like a Fluke 17b with out the buttons.
Sadly, this is the kind of thing you usually only see in countries where government officials are corrupt. It is a warning sign of the direction the U.S. government is headed.
Proverbs 21:19
> You dont think coca-cola would be upset if a product came out called coka-cola in a red and white can?
Except this wasn't anything like that.
Coke Inc. Certainly shouldn't be able to "own" the colors red and white.
Although Coke does have a distinctive enough bottle design to qualify for a genuine trademark. Ironically you overlooked it in your rush to fellate your corporate masters.
A Pirate and a Puritan look the same on a balance sheet.
Any "hobbyist electronics retailer" attempting to sell a multimeter in the US knows -- or should know -- what a Fluke multimeter looks like, and any businessman or businesswoman knows -- or should know -- that there will be problems trying to sell a product that looks like the product with a dominant share of the market.
Also, you don't need "an army of consultants or attorneys to find this information." Trademarks are freely available from the USPTO web site, in searchable form. Anybody can look them up.
Finally, most business contracts between a manufacturer and a distributor will have an indemnification clause, in which the manufacturer warrants that the product has no intellectual property issues and, should a claim be made against the distributor, the costs associated with such claims will be borne by the manufacturer. If Sparkfun's contract for the Fluke knock-offs didn't have such a clause, I'm sure their standard contract will in the future.
I am holding in my hand at this very moment a grey faced yellow bodies multimeter which was made in china and sold at walmart. I guess laws only apply to the little guys.
-73, de n1ywb
www.n1ywb.com
Bullcrap. I have a Fluke meter. It wasn't cheap. This thing looks EXACTLY like it.
But all the other meter makes have been using the same design for decades also. So how does one company get to claim it when it's an industry standard. Just check around and see how many other meters have the same colors. I checked Home Depot's and Lowes sites and found many.
-- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
Agreed, this is an attempt to copy Fluke's recent multimeter design.
It's not just yellow. It has the same color scheme, same display layout, similar fonts, same case taper as a real Fluke. Brand name in same location as is the model number and description. It was designed to look as much like a Fluke as possible.
If I saw the sparkfun multimeter sitting on a bench in my lab, I would think it was a Fluke until I got close.
Sparkfun knew this when they bought them. Their fault. If they did not know it was designed to imitate a Fluke, they are in the wrong business. "Other companies did it and did not get caught" does not make it right. They risked it anyway and lost. Complaining about the trademark is not the solution.