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Fluke Donates Multimeters To SparkFun As Goodwill Gesture

Actually, I do RTFA writes "We recently heard about the confiscation of a delivery of multimeters to SparkFun for infringing on Fluke's trademark. One common thread in the discussions was the theme that Fluke should have let that shipment through as a goodwill gesture to SparkFun and the Maker community. Well, Fluke did one better. They announced they were sending more than $30k worth of official multimeters to SparkFun for them to do whatever they want with. SparkFun is most likely going to give them away. A great example of win-win-win?"

250 comments

  1. Good PR Move by Cpt_Kirks · · Score: 5, Insightful

    Fluke moves from villain to hero.

    $30K is cheap for good PR.

    1. Re:Good PR Move by Spiridios · · Score: 1, Redundant

      Fluke moves from villain to hero.

      $30K is cheap for good PR.

      While I agree it's good PR and great thing for Fluke to do, one wonders at the price of Fluke vs the price of those knockoffs, how many Flukes will Sparkfun actually get? It's obviously not a 1:1 replacement, and probably shouldn't be, but Sparkfun might still be coming out negative on this if they were planning on selling those original meters.

    2. Re:Good PR Move by SQLGuru · · Score: 1

      I didn't read the article, but the summary says MORE THAN 30K. Maybe they matched them 1:1 which lead to the extra valuation.

    3. Re:Good PR Move by Anonymous Coward · · Score: 1

      According to Ars Technica, it's a greater value of Fluke meters than the knockoffs that they were originally going to get. Sparkfun can sell them at a discount and still get their money back.

    4. Re:Good PR Move by Godai · · Score: 5, Insightful

      I think Sparkfun is out either way from what I understand. They're planning on giving the Fluke ones away to educational institutions, but they seem much happier about this than just flat out losing the $30k worth of meters.

      --
      Wood Shavings!
      - Godai
    5. Re:Good PR Move by bigpat · · Score: 4, Insightful

      Still. No way Fluke should have been given that trademark. This isn't a "mark" it is the design of the product itself.

      That is another damning example of a big enough company being able to buy off the right lawyers to say some abusive use of the law is legally okay. A design patent might have been appropriate in this case, but those expire in 15 years and how long have they been selling two toned multi-meters? If it is more than 15 years then Sparkfun should have every right to sell something that looks similar.

      Clearly they went for a trademark rather than the appropriate design patent so it wouldn't expire. But a trade mark is supposed to be exactly that: A word or mark on a product or marketing material that indicates the company or brand that is selling it. Like a Nike swoosh or the Apple with a bite out of it or even a word mark like IBM. It would be like Nike trying to trademark a two toned sneaker or Ford trying to trademark a black muscle car with a yellow stripe rather than just the swoosh or the word "Ford" in an oval.

      Just because we can say that the government is at fault for awarding this trademark in the first place, doesn't mean we can absolve the company of an abuse of intellectual property law.

      Yes, they got some bad press and figured it would effect their business, but I don't think they have made this right until they cancel or abandon this trademark altogether

    6. Re:Good PR Move by Obfuscant · · Score: 4, Insightful

      I think Sparkfun is out either way from what I understand. They're planning on giving the Fluke ones away...

      Sparkfun is out only because they CHOOSE to give stuff away. Don't cry for them, they're being made whole by the generosity of a large evil corporation, or at least that was the opinion most people had of Fluke yesterday. It's Fluke who is out either way. Either Fluke becomes this evil company that is simply trying to keep its trademark and a few people stop buying from them, or they hand out $30k and the same people who would buy from them anyway keep buying from them.

      And Fluke is out for support, too. Those people who get free Fluke meters from Sparcfun aren't going to call Sparcfun when they need help with the meter. They're going to call Fluke because Fluke's name is on them.

      I think that's a pretty sweet deal for Sparcfun. They violated a trademark and they're not suffering one bit from it. The company whose trademark they infringed is the one losing money.

    7. Re:Good PR Move by Sarten-X · · Score: 4, Insightful

      I think that's a pretty sweet deal for Sparcfun. They violated a trademark and they're not suffering one bit from it. The company whose trademark they infringed is the one losing money.

      ...but Fluke apparently considers it worth the cost to be the good guy.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    8. Re:Good PR Move by Obfuscant · · Score: 1

      It's obviously not a 1:1 replacement, and probably shouldn't be, but Sparkfun might still be coming out negative on this if they were planning on selling those original meters.

      Of course Sparkfun was going to sell the original Chinese knock-offs. And they could just as well sell the better Fluke meters and they'd come out in the exact same place. Probably ahead of the game since they'd not have to stock so many meters (less shelf/warehouse space), or ship so many meters (less fixed costs to shipping). But they CHOOSE to give them away, so any losses Sparkfun has at this point are from their own choices, not the fault of Fluke (who didn't impound the original shipment) or the Chinese knock-off manufacturer.

      The question is, did Sparkfun learn anything from this or will they make another order from the same Chinese company for the same meters and hope Customs doesn't catch them? After all, they got away with it for some time.

    9. Re:Good PR Move by hallkbrdz · · Score: 0

      Well done Fluke.

      Still use my 1985 Fluke 77 MM all the time.

    10. Re:Good PR Move by Obfuscant · · Score: 1

      ...but Fluke apparently considers it worth the cost to be the good guy.

      Yep. And because of that, there is no need for pity for Sparkfun.

    11. Re:Good PR Move by Anonymous Coward · · Score: 5, Insightful

      I don't think that Sparkfun was intentionally trying to get fluke lookalike DMMs, and I'm very sure that Fluke agrees with me. Yeah, Fluke got put in a rough spot by this mess, but nobody was malicious. So Fluke spends a bit of their advertising budget to buy their way out. They benefit because they keep their trademark and they get their products into the hands of tomorrow's engineers, technicians and hobbyists. Sparkfun gets to make a great big gesture about IP law and an actual choice about donating equipment (which they do pretty often anyways - this won't kill them). This is what we call 'win win.'

      Since they're donating the DMMs, technically both companies are losing about 30K. Given their respective sizes, Sparkfun is making the larger sacrifice, I think.

    12. Re:Good PR Move by MadCow42 · · Score: 1

      It's good PR for Sparkfun too. They're getting way more value already than $30k of publicity usually gives you.

      --
      I used to have a sig, but I set it free and it never came back.
    13. Re:Good PR Move by syzler · · Score: 5, Informative

      Although the blog mentions, trademark , I bet the multi-meters were actually infringing upon trade dress of Fluke's multimeters. Trade mark reserves a specific logo/phrase/design. Trade dress protects the look and feel of the product. I learned a great deal about this distinction from Mattel when I created a Magic Eight Ball app for iOS when the iTunes app store first opened.

    14. Re:Good PR Move by Aaden42 · · Score: 0, Flamebait

      Calling support for a multimeter? What planet are you from? Short of it breaking and needing a replacement under warranty, you plug it in, spin the dial to the mode you want, and away you go.

      Do people call Sears for tech support on a Craftsman wrench? I’ll grant a multimeter is *slightly* more complicated of a tool, but really only slightly to someone who’s the least bit experienced in that area of tech. I think I got my first MM when I was six years old. Took Dad about 10 minutes to show me how to measure voltage and resistance, and that was when you had to set the range yourself.

    15. Re:Good PR Move by kimvette · · Score: 1

      It is probably a 1:3 - 1:5 replacement for equivalent functionality but far better accuracy and reliability.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    16. Re:Good PR Move by kimvette · · Score: 0

      I still maintain there is no confusing those cheapass multimeters for a Fluke, regardless of coloration.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    17. Re:Good PR Move by Talderas · · Score: 1

      Do people call Sears for tech support on a Craftsman wrench?

      If you remove Sears as a prerequisite I can give you a strong yes response.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    18. Re:Good PR Move by Sarten-X · · Score: 1

      I'm just saying there's no need to feel sorry for Fluke, either. They chose to give away the multimeters and play the hero.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    19. Re:Good PR Move by cruff · · Score: 2

      The question is, did Sparkfun learn anything from this or will they make another order from the same Chinese company for the same meters and hope Customs doesn't catch them? After all, they got away with it for some time.

      I thought they stated they will carry the same cheaper meters, but with the Sparkfun red housing substituted instead.

    20. Re:Good PR Move by Anonymous Coward · · Score: 0

      If T-Mobile can win in a lawsuit against AT&T over the color Magenta... then fluke can win in a much more clear cut lawsuit

    21. Re:Good PR Move by kimvette · · Score: 3

      I stick with Fluke - or if in a pinch and need to buy locally (i.e., if I left my Fluke DMM and testers behind), Extech, but I try to avoid the Extech stuff at least as primary tools. It (Extech) might be one of the best of the cheap meters, but they are still short of the quality and reliability of Fluke's products.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    22. Re:Good PR Move by Obfuscant · · Score: 4, Insightful

      Calling support for a multimeter? What planet are you from? Short of it breaking and needing a replacement under warranty, you plug it in, spin the dial to the mode you want, and away you go.

      And when it breaks, or behaves in a way you don't expect, are you going to call Sparkfun or Fluke? Fluke, of course.

      Do people call Sears for tech support on a Craftsman wrench? I'll grant a multimeter is *slightly* more complicated of a tool,

      A good quality multimeter is a LOT more complicated a tool than a wrench.

      but really only slightly to someone who's the least bit experienced in that area of tech.

      You expect your multimeter to be as reliable as a wrench, but that doesn't mean it is as simple as a wrench inside. Especially if those meters are being given out to DIY/school users. "Why doesn't my meter read Amps anymore? What do you mean there's a fuse? Where is the fuse? How do I replace it?"

      I have a Keithley that reads negative voltage. That means if I test a nine volt battery, the display reads negative nine with the red lead on positive. Such a simple device, huh? How could it possibly fail in that mode? It took looking at the schematic, but sure enough, there's an inverting buffer that isn't anymore. That's in a device you think is almost as simple as a wrench.

      I think I got my first MM when I was six years old. Took Dad about 10 minutes to show me how to measure voltage and resistance, and that was when you had to set the range yourself.

      And as a six year old did you really learn not to try measuring the resistance of the mains? Or did you learn that by blowing up a meter? Even if your Dad told you not to, you never forgot and did it anyway? Sure. Or you never tried to see how many amps the mains could provide and blew the fuse? Or even just over-amped from an unexpected measurement and done the same?

      I've had so many cheap crap multimeters die that I've lost count. I've also bought used meters by the box because they were all "failed", and some of them were really just a blown fuse, or some a bad battery lead. But they were ALL discarded and new ones put in their place because of those simple problems, by people who were using them to teach electronics. They didn't know how to fix their own meters, and I don't expect the recipients of the donations from Fluke will know, either.

    23. Re:Good PR Move by Anonymous Coward · · Score: 0

      Fluke devices can range from a few hundred to a few thousand a piece, depending on what all you are getting. They're solid devices, too.

      Their software is absolutely awful, though, IMO.

    24. Re:Good PR Move by suutar · · Score: 4, Interesting

      It's not a total loss. I'm now substantially more likely to shell out for a Fluke next time I need a multimeter.

    25. Re:Good PR Move by Anonymous Coward · · Score: 0

      I have a Keithley that reads negative voltage. That means if I test a nine volt battery, the display reads negative nine with the red lead on positive. Such a simple device, huh? How could it possibly fail in that mode? It took looking at the schematic, but sure enough, there's an inverting buffer that isn't anymore. That's in a device you think is almost as simple as a wrench.

      How old is this Keithley, and is it still under warranty? Maybe you should have bought a Fluke instead.

    26. Re:Good PR Move by Geste · · Score: 1

      And Fluke is out for support, too. Those people who get free Fluke meters from Sparcfun aren't going to call Sparcfun when they need help with the meter. They're going to call Fluke because Fluke's name is on them.

      .

      People call Fluke for support on a frickin' DMM???

    27. Re:Good PR Move by Anonymous Coward · · Score: 0

      Call Fluke for help with a DMM? Really? Seriously? I don't think this is a big deal for Fluke as far as support calls go. Plus, anyone getting those meters from Fluke will now feel compelled to buy Fluke attachments for them, depending on the meter...

      Fluke, losing the battle to win the war...

    28. Re:Good PR Move by hubie · · Score: 2
      I don't think it is as much of a big, bad entity buying off anyone with lawyers. From the PTO FAQ:

      A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

      Do Trademarks, Copyrights and Patents protect the same things?

      No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention.

      As pointed out in the Wiki article on design patents, an object (like the Coca-Cola bottle shape) can be both covered by a design patent and a trademark. As you mentioned, a design patent runs out after a certain amount of time, but a trademark is valid as long as it is used in commerce. Also, from this article:

      In Qualitex Co. v. Jacobson Prods. Co., the U.S. Supreme Court held that color alone may be protected as a trademark, “when that color has attained ‘secondary meaning’ and therefore identifies and distinguishes a particular brand (and thus indicates its ‘source’).” The Court held color may not be protected as a trademark when it is “functional”. There are two types of functionality: “utilitarian” and “aesthetic.” A color is functional under the utilitarian test if it is essential to the use or purpose of the product, or affects the cost or quality of the product. A color is aethestically functional if its exclusive use “would put a competitor at a significant non-reputation-related disadvantage”. If color “act(s) as a symbol that distinguishes a firm’s goods and identifies their source, without serving any other significant function,” it can be protected as a trademark.

      If you work around lots of multimeters, as I do, Fluke certainly has distinguished itself by looks. So, don't start up your new package delivery company and paint all your box trucks a certain color brown, don't sell jewelry in little boxes that have a certain shade of blue, and don't design your housing insulation products to be pink. However, I believe you could sell tractors that are a certain shade of green because within that context, green is identified as a functional color.

    29. Re:Good PR Move by DragonTHC · · Score: 1

      The statement says the valuation of the donation is more than that of the impounded shipment.

      --
      They're using their grammar skills there.
    30. Re:Good PR Move by Anonymous Coward · · Score: 0

      Have you not used multimeter enough to have one break? Have you not had one nice enough that it was worth repairing instead of scrapping?

      It could be as simple is blowing one of the internal fuses on the meter, getting an error message, and people calling Fluke instead of looking it up online or in a manual. Or the calibration could go out of whack, or someone wants to actually calibrate it if they are doing type of work where it is critical (costs money, assuming they go through with it instead of just bugging support until giving up). But I've seen everything from voltage readings going way off, to mechanical damage, to dials sometimes not working right mechanically, to problems with the resistance and diode check modes. These are going to involve warranty replacement from time to time, or calls to support deciding later to not pay for repair costs.

    31. Re:Good PR Move by Anonymous Coward · · Score: 1

      I don't think it is as much of a big, bad entity buying off anyone with lawyers.

      I just don't believe a trademark like this goes through without greasing a few wheels or at least paying a few lawyers enough to talk and write so much so that the trademark examiner just shrugs and stamps it through rather than fight it. A trademark like this is a fundamentally dishonest use of the trademark system. Also, a brown delivery truck is a fundamentally dishonest use of intellectually property law in general, so yes it is another example of a color being trademarked but not a good one.

      And seriously are you going to deny that putting a bright border on the edge of a device doesn't provide any aesthetic utility? What if it is dark? What if it is on your bench with a hundred other tools and papers and other wires? The point is that a good lawyer would shred this trademark apart, but the point for the rest of us is that they shouldn't have to.

    32. Re:Good PR Move by Anonymous Coward · · Score: 0

      Who the hell is 'Sparcfun', and why did you start spelling their name wrong halfway through your post, when you'd already spelt it correctly at the beginning?
      Oh, I forgot... you're AMERICAN.

    33. Re:Good PR Move by Anonymous Coward · · Score: 0

      Yeah... fluke wasn't really the villain here.... they weren't the ones messing things up - this got caught up in something much larger.
      Yes, it tied back to Fluke... but fluke had no active part it it other than having a trademark.

    34. Re:Good PR Move by Anonymous Coward · · Score: 0

      They were not knockoffs, they simply had the same color. Legally they infringed on the color.

    35. Re:Good PR Move by rhodium_mir · · Score: 1

      I thought they stated they will carry the same cheaper meters, but with the Sparkfun red housing substituted instead.

      Until Fluke puts an end to that, too.

      --
      You can't spell "oneiromancy" without "roman".
    36. Re:Good PR Move by AvitarX · · Score: 1

      In what way did they violate the trademark?

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    37. Re:Good PR Move by Anonymous Coward · · Score: 0

      I wonder if the same Chinese company makes the "flukes" as well since they are also "made in China".

    38. Re:Good PR Move by Obfuscant · · Score: 1

      Did those people call the manufacturer of the meter and cry "help me, it don't work no more?" Yeah, I didn't think so.

      No, because those were cheap knock-off brand meters that you'd have a hard time finding a phone number to call for help. Unlike, you know, expensive Fluke meters that you expect to work and expect support for. Or the Keithley I mentioned, which I bought used, but still went to the website expecting to find support -- and I did. A full manual, including schematic. I'd expect no less from Fluke, even for a donated meter.

      The point you ignored was that people who should know how to fix even simple things DON'T, so pretending that people who own Fluke meters will be smart enough to know how to deal with every problem they run across and wouldn't call for support is ridiculous.

      Thanks for playing, though.

      An insult from an anonymous coward. Oh, my day is just shattered.

    39. Re:Good PR Move by hubie · · Score: 1

      In the case of Fluke, I don't see this as any different than the other well-known trademark cases mentioned. In my own experience, at least within the last 20 years, if someone wanted you to measure a voltage or current, they were equally as likely to tell you to "grab a Fluke meter" as they were to tell you to "grab a multimeter." And Fluke has been very consistent with giving their multimeters this particular look since the 90's, which is an important point to this discussion. Twenty years before that, you'd grab a "Simpson meter," which incidentally also had a very distinctive look and feel (I don't know if they ever trademarked their design, but you know a Simpson meter with just a quick glance).

    40. Re:Good PR Move by Anonymous Coward · · Score: 0

      I think that's a pretty sweet deal for Sparcfun. They violated a trademark and they're not suffering one bit from it. The company whose trademark they infringed is the one losing money.

      Watch and see if Fluke loses money over this.

      I'm willing to bet their ROI is at least 2x within 30 days.

    41. Re:Good PR Move by DMUTPeregrine · · Score: 4, Informative

      Yep. A big thing people don't get is safety. Have you ever had a cheap multimeter fuse blow and toss shards of glass through the case, avoiding your hand only because you weren't holding the meter there? I have. $100-$200 more for a meter with proper input protection, HRC fuses, a strong case, etc, is well worth the money. There is of course a lot more to Fluke meters' quality than just their input protection, they're ridiculously reliable (Dave Jones took a Fluke 87-V caving, swam with it, dropped it off a 15-meter bridge onto concrete repeatedly, and still didn't break it) and very accurate (for handhelds, good bench meters are of course better than handheld meters.) Fluke makes great equipment. Of course, the other top-end brands make similarly good equipment. Agilent meters are great, etc, etc.

      --
      Not a sentence!
    42. Re:Good PR Move by egcagrac0 · · Score: 1

      However, I believe you could sell tractors that are a certain shade of green because within that context, green is identified as a functional color.

      That depends on the intended use of the tractor, and the color.

      If you said "construction tractor" (like a front-loader/backhoe, or a bulldozer), and "yellow", I think you're probably right. (Most of them seem to be a similar shade of "construction yellow".)

      Certain shades of green (and orange, and yellow, and red, and blue) are almost certainly protected within the fields of agricultural tractors and landscaping equipment.

    43. Re:Good PR Move by Anonymous Coward · · Score: 0

      Sucker.

    44. Re:Good PR Move by TheBilgeRat · · Score: 1

      Not to mention much better multimeters!

    45. Re:Good PR Move by Anonymous Coward · · Score: 0

      Twenty years before that, you'd grab a "Simpson meter," which incidentally also had a very distinctive look and feel (I don't know if they ever trademarked their design, but you know a Simpson meter with just a quick glance).

      I [heart] my old Simpson. I almost never use it anymore since my Fluke is much easier/quicker to get readings from, but I'm holding on to it just the same.

    46. Re:Good PR Move by goombah99 · · Score: 2

      I always feel good when I hold my Yellow fluke. Somehow I associate that color with a symbol of quality. SO as stupid as copyrighting Yellow for multimeters sounds when you say it out loud, I can see that this is actually something of immense value to the brand in this case. If you are not a EE then you probably don't understand this sensation.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    47. Re:Good PR Move by Obfuscant · · Score: 2
      Does Fluke have a trademark on red meters shaped that way? A US trademark (your picture was from Fluke Germany)? And Fluke didn't put a stop to it, Customs did.

      Sheesh. Fluke is GIVING its product to Sparkfun as a gesture of goodwill and people are STILL giving Fluke shit for what US Customs did. It's costing Fluke real money to protect Sparkfun from their own mistake and Fluke is still the bad guy.

    48. Re: Good PR Move by Anonymous Coward · · Score: 0

      Have you ever used a DMM outside of idiot mode? Ever wonder why with a Fluke 87 you can get two different resistance readings with a large shunt capacittance depending on if auto-range is on or off?

    49. Re:Good PR Move by Man+On+Pink+Corner · · Score: 2

      (Shrug) They're good multimeters. Unlike the Chinese toy knock-off, the safety certifications printed on the Fluke actually mean that they meet those standards, and the CE mark on the Fluke doesn't stand for "China Export."

      To professional users and serious hobbyists, these factors are important.

    50. Re:Good PR Move by Jmc23 · · Score: 1

      they didn't even have the same color

      --
      Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
    51. Re:Good PR Move by Anonymous Coward · · Score: 1

      By importing blatant Fluke knockoffs. They claim they didn't realize, and that claim is believable, but nonetheless they did it.

    52. Re:Good PR Move by rotorbudd · · Score: 2

      Yeah we call support when it comes back from failing the yearly calibration that the FAA requires.
      And guess what Fluke says?
      "Failed calibration??? We'll send you another if you'll give us the bad one to study"
      I've owned Fluke meters for over 30 years, and you can tell these guys care about the product the make.

      --
      A bullet may have your name on it, but artillery is addressed to " Whom It May concern"
    53. Re:Good PR Move by LinuxIsGarbage · · Score: 1

      Yep. A big thing people don't get is safety. Have you ever had a cheap multimeter fuse blow and toss shards of glass through the case, avoiding your hand only because you weren't holding the meter there? I have.

      I'm amazed when I note that my "cheap" Fluke 373 for home has voltage ratings: CATIII 600V CATIII300V, and a whole fleet of certifications on the back. I don't see these ratings on cheap meters at Canadian tire. At work metering 650VAC on a 1200A bus? I'd want something with a CAT rating for 1000V and CSA/UL logos. Certainly not a cheap knockoff. Some of us use meters in the real world, not just mom's basement.

    54. Re:Good PR Move by LinuxIsGarbage · · Score: 2

      Calling support for a multimeter? What planet are you from? Short of it breaking and needing a replacement under warranty, you plug it in, spin the dial to the mode you want, and away you go.

      Do people call Sears for tech support on a Craftsman wrench? I’ll grant a multimeter is *slightly* more complicated of a tool, but really only slightly to someone who’s the least bit experienced in that area of tech. I think I got my first MM when I was six years old. Took Dad about 10 minutes to show me how to measure voltage and resistance, and that was when you had to set the range yourself.

      Ever buy a $200-$500 multimeter? And then have problems with it? Maybe you'd be more apt to call support.

      As well there's certainly liability. Here's a case where Fluke recalled meters:
      http://www.fluke.com/fluke/cae...

      So if a hazard were found on the meters they donated, Fluke would have to pay to ship and repair the meters. Because they are a real organization that stands by their equipment, not some Chinese knockoff outfit that couldn't care less if the meter failed to detect voltage when present or exploded when connected to voltage.

    55. Re:Good PR Move by LinuxIsGarbage · · Score: 1

      Fluke devices can range from a few hundred to a few thousand a piece, depending on what all you are getting. They're solid devices, too.

      Their software is absolutely awful, though, IMO.

      So true. We got some Fluke wireless logging current meters (part of the Fluke CNX series). Well built meter, surprisingly cheap, easy to use (hardware), good battery life, but the software to connect wireless is dreadful. Frequent crashes, no way to resume transfers, etc.

    56. Re:Good PR Move by DRJlaw · · Score: 2

      Clearly they went for a trademark rather than the appropriate design patent so it wouldn't expire. But a trade mark is supposed to be exactly that: A word or mark on a product or marketing material that indicates the company or brand that is selling it. Like a Nike swoosh or the Apple with a bite out of it or even a word mark like IBM. It would be like Nike trying to trademark a two toned sneaker or Ford trying to trademark a black muscle car with a yellow stripe rather than just the swoosh or the word "Ford" in an oval.

      Just because we can say that the government is at fault for awarding this trademark in the first place, doesn't mean we can absolve the company of an abuse of intellectual property law.

      Yet we can absolve the company of this 'abuse' of intellectual property law, and we can say that the government is not at fault for awarding the trademark, because the law concerning the use of color as a trademark has very clear ever since 1995.

      In a unanimous decision, the Supreme Court in Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 concluded that "a color may sometimes meet the basic legal requirements for use as a trademark" and that "[opposing] arguments do not justify a special legal rule preventing color alone from serving as a trademark..." The trademark that was upheld was a gold-green color for dry cleaning press pad covers.

      You can throw the word "abuse" around all you like, but it is you who are attempting to abuse the law. The law is not what you think the law is, the law is what the statutes and court decisions specify the law is. If you do not like the law, it is your responsibility to change it through the legislative process. Until then, telling others that the law is what it is what you think it ought to be is either wanton recklessness or sheer fraud.

    57. Re:Good PR Move by LinuxIsGarbage · · Score: 1

      I stick with Fluke - or if in a pinch and need to buy locally (i.e., if I left my Fluke DMM and testers behind), Extech, but I try to avoid the Extech stuff at least as primary tools. It (Extech) might be one of the best of the cheap meters, but they are still short of the quality and reliability of Fluke's products.

      I commented on the last article that at work I had a piece of shit Ideal meter (with an inverted yellow in gray color scheme) that measured 380V when connected to 460V. The buzzer for the ohm reading also broke, such that it stuck on all the time (even when it wasn't on ohms). The vendor for some of our 4160V equipment said that we could in fact measure the capacitance of the 4160V capacitors using the capacitance mode of a DMM (obviously with the 4160 deenergized, and verified safe using a proper tool, which isn't a Fluke DMM). My piece of shit Ideal wouldn't measure fuck all, but my Fluke measured the right value.

      In my experience (in the real world, outside mom's basement) Fluke has earned their rep for being a quality product.

    58. Re:Good PR Move by mswope · · Score: 1

      Yes, and they're only out about 60 multimeters...

      (I kid, I kid.... they're not QUITE that expensive)

    59. Re:Good PR Move by TheGratefulNet · · Score: 1

      $30k IS cheap for fluke.

      I mean, what, that's at least 4 or 5 meters from fluke. what's the big deal?

      --

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      "It is now safe to switch off your computer."
    60. Re:Good PR Move by TheGratefulNet · · Score: 3, Interesting

      a long time ago, I would have said fluke could afford it.

      but fluke is no longer fluke. tektronics is not tek and keithley is not keithley. they are ALL danaher now. what does that say? the industry greats (seriously world-class great) could not survive on their own and some non-test gear company bought them. ALL!

      agilent is still - oh wait - they changed names. who are they now? doesn't matter, I guess. they are not in the danaher family.

      who else is still a big player in test gear, ignoring the one-hung-low companies? danaher has most of the big players now. very strange how that worked out.

      maybe danaher is rich, but seeing what tek is doing these days (outsourcing all but their top-end gear) and seeing that keithley is outsourcing to 1HL companies as well, I'm just not sure any of those companies are all that rich these days.

      --

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    61. Re: Good PR Move by Anonymous Coward · · Score: 0

      Or we can just boycott those willing to abuse the law

    62. Re:Good PR Move by davester666 · · Score: 2

      So then, 3 units.

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    63. Re:Good PR Move by Anonymous Coward · · Score: 0

      You could make an argument that the bright yellow color is functional. It helps you see the meter, so you don't lose it. I would guess that this is the original reason Fluke chose that color. The use of dark grey together with yellow doesn't seem particularly functional to me (though it also doesn't make me think it's from Fluke), and this is what violates the trademark.

      Since Fluke's meters are about 10x the price, they may be providing as few as 200, but it's still a good move for all the parties.

    64. Re:Good PR Move by afidel · · Score: 1

      Customs didn't just do it of their own volition, Fluke filed a special protection order with customs specifically asking them to enforce their trademark (basically it sets up a flag for customs to look for and strongly enforce the ban)

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    65. Re:Good PR Move by noh8rz10 · · Score: 2

      \who else is still a big player in test gear, ignoring the one-hung-low companies?

      I don't know what this means, but I too am hung low.

    66. Re:Good PR Move by Joce640k · · Score: 1

      I didn't read the article, but the summary says MORE THAN 30K. Maybe they matched them 1:1 which lead to the extra valuation.

      Yes, but at Fluke prices that's still only half a dozen multimeters.

      PS: I've got one of those Sparkfun multimeters. It's more 'orange' then 'yellow'.

      --
      No sig today...
    67. Re:Good PR Move by Joce640k · · Score: 1

      "Why doesn't my meter read Amps anymore? What do you mean there's a fuse? Where is the fuse? How do I replace it?"

      I've had so many cheap crap multimeters die that I've lost count. I've also bought used meters by the box because they were all "failed", and some of them were really just a blown fuse

      Does anybody know why multimeter fuses are so well hidden and so damn difficult to replace? Normally you have to take the whole thing apart, with screws hidden under rubber feet, etc..

      Why aren't they under a simple flap or in the battery compartment?

      It's not like fuse holders haven't been invented or anything. https://www.google.es/search?q...

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    68. Re:Good PR Move by Joce640k · · Score: 1

      I've got one of them.

      If I showed it to you and said "What color is that?" you'd most likely say "orange".

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      No sig today...
    69. Re:Good PR Move by Anonymous Coward · · Score: 0

      They violated a trademark and they're not suffering one bit from it. The company whose trademark they infringed is the one losing money.

      I refuse to call this a trademark issue. They violated colormark, which isn't a thing. And shouldn't be.

    70. Re:Good PR Move by Anonymous Coward · · Score: 0

      Sparkfun may be out due to giving the meters away but Fluke along with the US govt are still dicks for applying for and being granted such a broad easily misinterpreted trademark. Fluke was not the first company to use the "safety" yellow color on their equipment. And people who buy Fluke meters (myself included) are not going to be costing Fluke money for support, in general we know how to use our test equipment and how to read manuals.

    71. Re:Good PR Move by Agripa · · Score: 1

      Does anybody know why multimeter fuses are so well hidden and so damn difficult to replace? Normally you have to take the whole thing apart, with screws hidden under rubber feet, etc..

      Over time I have changed many more batteries than fuses so if anything, I would hope that the battery is easier to replace. As a practical matter, replacing the battery or fuse happens so rarely that having to remove the entire back of the meter is not an imposition.

      Besides any cost savings, this may also be a case where the manufacturer *wants* someone to see replacing the fuse as a significant repair because safety rated fuses are not the same thing as the general purpose ones most people are familiar with.

      Why aren't they under a simple flap or in the battery compartment?

      Some multimeters do place the fuse under the battery compartment lid. I expect multimeters built like this gather a whole new set of complaints about how easy it is to lose the lid.

      It's not like fuse holders haven't been invented or anything. https://www.google.es/search?q... [google.es]

      Bench meters may have an externally accessible fuse holder but again, having to change the fuse is a pretty rare event.

    72. Re:Good PR Move by ttucker · · Score: 1

      I've had so many cheap crap multimeters die that I've lost count.

      In all of this time I still have only had the Fluke 87...

    73. Re:Good PR Move by Anonymous Coward · · Score: 0

      Fluke multimeters are good, but they're also really freaking expensive(IIRC cheapest were c. $100 while more likely ones of interest/use were in the $140 range that's alot for something that isn't used all that often especially given that they also have no extra potentially useful features built like data recording and other things), but I'd always considered picking up one, but never did as (a) I would NOT use it that often and (b) would have no way to re-calibrate it(ATM) from time-to-time...

    74. Re:Good PR Move by Anonymous Coward · · Score: 0

      > Do people call Sears for tech support on a Craftsman wrench?

      Lifetime warranty on all Craftsman tools. Just walk into any Sears and they'll give you a replacement.

    75. Re:Good PR Move by lsatenstein · · Score: 1

      I think Sparkfun is out either way from what I understand. They're planning on giving the Fluke ones away...

      Sparkfun is out only because they CHOOSE to give stuff away. Don't cry for them, they're being made whole by the generosity of a large evil corporation, or at least that was the opinion most people had of Fluke yesterday. It's Fluke who is out either way. Either Fluke becomes this evil company that is simply trying to keep its trademark and a few people stop buying from them, or they hand out $30k and the same people who would buy from them anyway keep buying from them.

      And Fluke is out for support, too. Those people who get free Fluke meters from Sparcfun aren't going to call Sparcfun when they need help with the meter. They're going to call Fluke because Fluke's name is on them.

      I think that's a pretty sweet deal for Sparcfun. They violated a trademark and they're not suffering one bit from it. The company whose trademark they infringed is the one losing money.

      Because Sparkfun gives away the meters, they will get the repairs for them, and will earn some money that way. Think of the situation this way
      Sparkfun ordered a quantity of meters, and Fluke jumped up to supply them. Sparkfun paid for them and now the Flukes are the ones they planned to ship / give away. Its a win-win. And why is every company evil? I do not understand the logic that automatically looks for the worst in an organization, imaginary or real.

      --
      Leslie Satenstein Montreal Quebec Canada
    76. Re:Good PR Move by Obfuscant · · Score: 1

      Why aren't they under a simple flap or in the battery compartment?

      As I recall, in one of the Flukes I have it is in the battery compartment. It is a very old tan colored one.

    77. Re:Good PR Move by Actually,+I+do+RTFA · · Score: 1

      Certain shades of green (...) are almost certainly protected within the fields of agricultural tractors and landscaping equipment.

      If you mean John Deere colored green, it's not. They actually lost a suit that it was functional.

      --
      Your ad here. Ask me how!
    78. Re:Good PR Move by egcagrac0 · · Score: 1

      Dang, maked me learn something. Thanks.

  2. Win Win Win Except... by CamelTrader · · Score: 1

    Except for the huge loss and waste of those sparkfun meters, which last I checked were still being destroyed.

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    1. Re:Win Win Win Except... by Cpt_Kirks · · Score: 2

      Sparkfun is trying to divert at least some of the meters to other countries, where the Fluke trademark does not apply.

    2. Re:Win Win Win Except... by Anonymous Coward · · Score: 0

      Well, they still have to manage their trademark.
      This way the chinese get their money, fluke gets their trademark, and sparkfun gets their multimeters.

    3. Re:Win Win Win Except... by CamelTrader · · Score: 1

      That is great news, I hope they are able to do that.

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    4. Re:Win Win Win Except... by Anonymous Coward · · Score: 3, Insightful

      Their trademark, which is for "multimeter with yellow border", which they essentially stole from over 20 years of common publicly-available usage during which Fluke's own multimeters were typically grey?

    5. Re:Win Win Win Except... by tlhIngan · · Score: 2

      Except for the huge loss and waste of those sparkfun meters, which last I checked were still being destroyed.

      Honestly, those things were POS anyways. Cheap meters are a safety hazard and potentially lethal. Yes. lethal.

      They're constructed poorly, have little to no input protection and have unpredictable overload behavior. Use them for anything more than low voltage measurements and you're putting your life in danger.

      Flukes, Agilent (err, Keysight), etc., they all construct their meters with protection. You can use the ohms scale and connect it to live mains voltage (250V+) and nothing happens. Do it on a cheap meter and you'll see explosions, maybe with shrapnel.

      And yeah, maybe those cheap meters read 1000V or something - apply 1000V to them and they'll explode because they aren't rated to. Hell, the creepage and spacing of conductors probably isn't even sufficient.

      If you're lucky, a cheap meter will burn out on you. If not, it'll explode in your hands.

      The real waste is that someone commissioned the building of those crappy meters in the first place.

      Good meters have HRC (high-rupture capacity) fuses, where even overloaded badly they'll blow without breaking, the cases seal together with a tongue-and-groove to prevent exploding components from rupturing the case, thicker plastic to withstand explosions etc. And of course, isolation slots to prevent voltages from jumping gaps.

    6. Re:Win Win Win Except... by Anonymous Coward · · Score: 1

      Except the statement is untrue--if you bothered to read something other than the a BS blog article.

    7. Re:Win Win Win Except... by petermgreen · · Score: 1

      And yeah, maybe those cheap meters read 1000V or something - apply 1000V to them and they'll explode because they aren't rated to.

      I've pushed a cheap multimeter to the point it was showing "reading off scale" on the 1000V range and it didn't explode.....................

      Afaict the problem with these cheap meters is not that they can't read 1000V safely in a low energy environment, it's that power distribution systems have large ammounts of energy available combined with spikes that go well over the nominal voltage. The spikes can blow out a cheap meter and then massive ammounts of energy can flow through the arc that the spike created.

      Having said that a good set of fused test leads with HRC fuses will give you a lot of protection even if your meter is crap.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    8. Re:Win Win Win Except... by Anonymous Coward · · Score: 0

      Correct me if i am mistaken, but isnt Fluke also made in China?

      So if one made in china product is $9.99 and the other is $400 where does this large difference go?

    9. Re:Win Win Win Except... by rhodium_mir · · Score: 1

      Okay.

      If I'm buying a meter for low voltage use why should I care about any of that?

      --
      You can't spell "oneiromancy" without "roman".
    10. Re:Win Win Win Except... by Anonymous Coward · · Score: 0

      And you know all this because you've tested these cheap meters and obtained these results? Of course not. You're just flapping your lips about things you wish were true because it somehow makes you feel superior. You might want to think about seeing somebody for that.

      And of course every hobbyist out there has 1000v sources in their bedroom electronics lab just waiting to blow them to pieces, yet no idea what might happen if they hook the wrong thing to that source, right? And nobody should ever buy something that tlhIngan thinks is inferior because hey, he (thinks he) knows what's good for you.

      Just for the record, I've seen many cheap multimeters put in some of the situations you say will cause them to explode lethally. Guess what? They don't. Sometimes they just stop working. Sometimes they're fine. No fires, no explosions, no shrapnel.

      But hey, keep bleating. No sense in letting reality into this conversation. This is Slashdot, after all.

    11. Re:Win Win Win Except... by Anonymous Coward · · Score: 0

      Design and specifications. You can make top-notch stuff in the middle of Lake Titicaca with thoughtful designs using the right plastics and precision molds, quality parts, and strict QA, all under the supervision of people you trust.

    12. Re:Win Win Win Except... by Anonymous Coward · · Score: 0

      Honestly, those things were POS anyways. Cheap meters are a safety hazard and potentially lethal. Yes. lethal.

      Cheap meters have their place. Sparkfun is primarily a microelectronics distributor. The majority of their users want to measure voltages on the 0-12V range, and currents under 1A. Used in those contexts the meters would be quite safe, under almost all users.

      It's the users who decide to stick the probes in the power socket, and don't understand that the meter isn't really meant for that and that they can't measure the current of the power socket by doing so. Honestly, while a better quality meter may not die, they're just as unsafe doing that crap if they have a Fluke or a $15 Chinese knock-off. The Fluke is just not likely to explode in their hand but they'll probably still catch a nice dose of electrocution at some state regardless of the equipment they have.

      A $15 Chinese knock-off is fine for what most users want or need, so long as its limits are very clearly printed on it, and in its user manual. I have a very nice Fluke (can't remember the model off the top of my head; it's been a couple of years since I used it) and it does everything I want. Still, when I do pull it out these days I'm generally doing things I could achieve just as well with a cheap knock-off. Hell, I started with a fairly cheap meter way back when I was getting into electronics as a kid and I still have all my appendages and my life.

      You can make broad statements all you like, but SparkFun are targeting a market that don't need and probably can't afford a $300 tool. Shit, be thankful because there aren't many places encouraging people into entry-level the electronics field anymore.

      Captcha: "chubbier" - apt because I just laughed a comment in another thread about fat chicks.

    13. Re:Win Win Win Except... by Anonymous Coward · · Score: 0

      yes huge loss over crappy ass china knock offs that will die a week in to its life

      boo fucking hoo

    14. Re:Win Win Win Except... by Osgeld · · Score: 1

      thats not the point, the point is they were labeled and stated as something they were not, sure you are fine, but the guy that does use a cat III meter wont be

  3. 'The Maker Community' by kruach+aum · · Score: 0

    along with the term 'creative' used as a noun to refer to a person just rubs me the wrong way. Like someone is getting away with something whenever those terms are used.

    1. Re:'The Maker Community' by Anonymous Coward · · Score: 0

      How often do you have these feelings, Kruach?

    2. Re:'The Maker Community' by kruach+aum · · Score: 1

      Whenever Urza is still fictional.

  4. This is what I would do. by Anonymous Coward · · Score: 0

    If I was Sparkfun, I would sell the Fluke meters on e-bay to make up for the $30,000 worth of shit I lost. It would help the bottom line, and take some sales away from Fluke.

    1. Re:This is what I would do. by neilo_1701D · · Score: 1

      You're assuming that Fluke was behind all of this. Fluke has never been the bad guy here; it was US Customs that denied entry to the multimeters. As has been discussed, this is a nice PR exercise for Fluke towards SparkFun, and now a nice PR exercise for SparkFun. Both companies come out looking better because of this - and quality Fluke multimeters end up in the hands of people eager to learn.

      But, let's take your approach. Suppose SparkFun dropped these multimeters onto eBay to make a few bucks. SparkFun comes across as curlish, and Fluke probably wouldn't even see a sales blip. Who actually wins here? Fluke still gets the PR kudos, SparkFun look like a bunch of gits, and some high-quality instruments **don't** make it into the hands of up and coming electronics people.

  5. Kind of an empty gesture by barlevg · · Score: 0, Flamebait

    As the article notes, SparkFun isn't about to try to resell these guys, so SparkFun is still out their entire shipment. What would have been a lot more meaningful of Fluke to do would be to cancel the trademark. That being said, I love Fluke multimeters. Five years of physics labs really made me believe their unofficial motto, "If it works, it's a Fluke."

    1. Re:Kind of an empty gesture by jo_ham · · Score: 5, Insightful

      As the article notes, SparkFun isn't about to try to resell these guys, so SparkFun is still out their entire shipment. What would have been a lot more meaningful of Fluke to do would be to cancel the trademark. That being said, I love Fluke multimeters. Five years of physics labs really made me believe their unofficial motto, "If it works, it's a Fluke."

      Why should they cancel their trademark? In what world is that even remotely the right thing to do here?

      The slashdot community is hilarious sometimes.

    2. Re:Kind of an empty gesture by ttucker · · Score: 4, Informative

      The cheep meters have more than a passing resemblance to Fluke ones, to the point that someone could actually pick one up and expect Fluke quality and safety, in the right environment.

    3. Re:Kind of an empty gesture by smooth+wombat · · Score: 5, Insightful

      The slashdot community is hilarious sometimes.

      Here's the way it works around here:

      If I produce software, I want to get paid for it. If someone else produces software, I'll steal it.

      When I make a product, no one else can make anything like it. When someone else makes a product like someone else, they're free to rip off the design because you can't copyright or trademark that shit.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    4. Re:Kind of an empty gesture by barlevg · · Score: 4, Insightful

      To be clear, I mean specifically the "multimeter with a yellow border = Fluke" trademark. As plenty of people in comments to the previous article noted, yellow is the natural color for a safety device.

    5. Re:Kind of an empty gesture by Anonymous Coward · · Score: 0

      That sounds about right.

    6. Re:Kind of an empty gesture by BronsCon · · Score: 1

      No, but they could, and perhaps (debatable) should retroactively license their trademark for this one shipment. Retroactive, because an agreement entered into today won't apply to prior shipments, otherwise, and limited to just this shipment, so SparkFun can't keep using the trademark. That would make Fluke look AWESOME, here, while letting SparkFun carry on without a huge loss. Hell, Fluke could even charge something along the lines of 1/3 of the cost of the shipment and still come out heroes.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    7. Re:Kind of an empty gesture by LordLimecat · · Score: 4, Insightful

      You forgot the part where it is appropriate to go to a grocery store, determine for yourself how much the goods on the shelves should cost, and leave that dollar amount on the shelf in lieu of paying what the grocer is asking.

      But those bastards better not abuse the licensing terms on my software.

    8. Re:Kind of an empty gesture by Anonymous Coward · · Score: 0

      Why should they cancel their trademark? In what world is that even remotely the right thing to do here?

      Because it's a bullshit trademark? If not that, then at least modify it to remove the "yellow" part. In this, and every world, color should play no part in trademarks, unless you happen to live in a world where there exists nothing except color. But that is not Earth. We have shapes and words and other things to designate a brand or service.

      What I find hilarious (or not) is that you think Fluke has some sort of entitlement to its trademark, and that somehow being a doucheknob is the right thing to do. Companies only get a trademark because we (the people) allow them to. If you're going to trademark the color yellow and be a greedy dickhole and try to legislate competition out of the market, you don't deserve the trademark to begin with. So yes, the right thing to do is to not be a dick, and fix the trademark or release it. But then again, I'm not surprised they don't, because capitalists rarely do the right thing...

    9. Re:Kind of an empty gesture by Anonymous Coward · · Score: 1

      Despite the word "Sparkfun" stamped on the front, not "Fluke"? Is the right environment a dark room with no lights? You know, there are countless other products that look like other products. The way you deal with that is by not being a moron. Like a cop wouldn't store his replica 1911 next to his real 1911. If you're a serious electrician, and have a working procedure that allows you to have both a cheapo and quality multimeter on hand, but no procedure to validate that you have grabbed the right one, you are stupid. I'm not saying you deserve to get fried, but I'm also not not saying it

    10. Re:Kind of an empty gesture by CanHasDIY · · Score: 1

      The slashdot community is hilarious sometimes.

      Here's the way it works around here:

      If I produce anything, I demand to get paid for it. If someone else produces anything, I'll insist that it's my right to steal it.

      Your original statement was a bit to specific, IMO.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    11. Re:Kind of an empty gesture by CanHasDIY · · Score: 0

      To be clear, I mean specifically the "multimeter with a yellow border = Fluke" trademark. As plenty of people in comments to the previous article noted, yellow is the natural color for a safety device.

      Since when is a friggin' multimeter a "safety device?"

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    12. Re:Kind of an empty gesture by Talderas · · Score: 1

      Except that Fluke's "trademark" is actually a trade dress and it's not for the color yellow it's for the colors yellow and dark grey applied in a specific pattern.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    13. Re:Kind of an empty gesture by hjf · · Score: 1

      Road cones are orange. Fire extinguishers are red. Safety vests are fluorescent orange. Ground wires are green/yellow...

    14. Re:Kind of an empty gesture by jfengel · · Score: 2

      I think a lot of the worst hypocrisies come from different people speaking up at different times. You'll rarely catch one individual being quite so blatant about it.

      That said, there are also a lot of individuals who write software and grumble that their bosses don't give it away, not realizing that if they did, they'd be out of a job. Many are counting on the fact that their software is specialized, such that nobody else would particularly want it, and can smugly believe their jobs to be safe while the people who write software with wide appeal (games, infrastructure) would have the same safety.

    15. Re:Kind of an empty gesture by freeze128 · · Score: 2

      I always figured that the yellow multimeter was so that you could find it easily. People who use multimeters often use them in places that are dark, cramped, or dirty. Making the case bright yellow just keeps you from misplacing an expensive piece of portable test equipment.

    16. Re:Kind of an empty gesture by Anonymous Coward · · Score: 0

      Since when is a friggin' multimeter a "safety device?"

      Touch this random wire.

    17. Re: Kind of an empty gesture by az1324 · · Score: 1

      The point of trademarks is to prevent consumer confusion so that a company can't trick you into buying their product instead of the one you intended to buy. But in a world of thousands of brands and in particular this type of product which is mostly distinguished by make and model, color should not qualify as a source of consumer confusion as long as the product features a clearly distinct make and model.

    18. Re:Kind of an empty gesture by Anonymous Coward · · Score: 1

      Since that time when you work as an electrician and put the meter's probes on high voltage terminals to check they are live or not. Just a completely wild guess right out of the blue...

      http://en.wikipedia.org/wiki/Multimeter#Safety

    19. Re:Kind of an empty gesture by chihowa · · Score: 1

      Fluke would possibly take on some sort of legal liability (or at the least, popular association) by associating in any way with the infringing shipment. Since the shipment is made up of imports of questionable (and probably poor) quality, this would be a dangerous move from a liability, trade dress, marketing, and general safety perspective.

      The instant someone sticks the probes in a wall socket and finds out that the meter wasn't really designed to handle anywhere close to the 600V it says, they'd be in a world of trouble. Would you want to publicly endorse cheap Chinese knock-offs of your quality product that's often used in dangerous environments?

      --
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    20. Re:Kind of an empty gesture by eclectro · · Score: 2

      What would have been a lot more meaningful of Fluke to do would be to cancel the trademark.

      I wonder if it should have been granted in the first place. Yellow rubber meter holders existed far before 2000 when this color trademark was granted. Which means that Fluke may have not been entitled to it in the first place. Maybe the fine legal minds on Slashdot can help explain it to me.

      I understand Fluke's desperation at wanting to stop low cost meters from undercutting their business, but let's face it, China has been undercutting everyone's business. I don't see what makes them so special to avoid it other than making better products, certainly not through a yellow rubber holder that's been used since nearly the beginning of digital meters.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    21. Re:Kind of an empty gesture by BronsCon · · Score: 1

      There's a difference between saying "we're not gonna be dicks and make you eat a loss because customs thinks your orange is too close to our yellow" and "we think this is a fine product and are willing to let you use our trademark". Admittedly, it's a fine line, but they could easily make it clear which side of that line they are on.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    22. Re:Kind of an empty gesture by kqc7011 · · Score: 2

      Ground wires are green and yellow only after you check them out. I have seen more than one hot green wire. Have also seen where all four wires coming out of the conduit and into a small (10hp) motor were black, no tags or colored tape either.

      --
      Passionately Indifferent
    23. Re:Kind of an empty gesture by ArtForz · · Score: 1

      Yeah, that's what also kinda confuses me.
      I've had a anthracite/dark grey/light black/whatever you want to call it meter with a yellow rubber holster in the 80s.
      And it sure wasn't a Fluke.

    24. Re:Kind of an empty gesture by Jmc23 · · Score: 1
      Now, can your brain tell that those are all different categories of objects?

      Now think really hard, isn't there a category of objects that all have yellow markings?

      --
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    25. Re:Kind of an empty gesture by Anonymous Coward · · Score: 0

      Since a multimeter is not a safety device, I'll just skip using mine to make sure the circuit's dead before working on an outlet. Must be a waste of time.

    26. Re:Kind of an empty gesture by umafuckit · · Score: 1

      Perhaps you're right, but there are a LOT of DMMs out there with a yellow case. It's not just Sparkfun who're copying Fluke's look.

    27. Re: Kind of an empty gesture by Anonymous Coward · · Score: 0

      I think you would find Slashdot less confusing if you realised that more than one person posts. Each of these people may have very different opinions.

    28. Re:Kind of an empty gesture by Agripa · · Score: 1

      Since when is a friggin' multimeter a "safety device?"

      Multimeters are safety devices in the sense that they are often used to measure potentially lethal unknown circuits. There are different safety ratings which specify how much of an overload the meter must accept without failure or even improper operation. This is why the current ranges use (or should use) specially rated fuses which seem outrageously expensive.

      http://en.wikipedia.org/wiki/M...

      It was a long time informal standard to associate the color yellow with specially rated or ruggedized multimeters which is no doubt why Fluke adopted it for most if not all of their meters even if they did not meet any enhanced safety specifications which is deceptive at best not that plenty of other manufactures did the same thing. That standard has been deprecated by misuse so red or orange has become the new informal standard (also commonly misused) and of course Fluke marks their ruggedized and intrinsically safe meters in an alternative color style as well. I wonder if they will get a trade dress designations which include orange and/or red at some point.

      The Beckman HD series of ruggedized multimeters from the 1980s are the first ones I remember that really took advantage of industrial strength yellow.

    29. Re:Kind of an empty gesture by Agripa · · Score: 1

      Tektronix had a run-in with Fluke over this before 2000 with their recently introduced handheld multimeters which were black with a yellow rubber guard. Tektronix changed the guard color to black or blue and then later Fluke bought their handheld multimeter division and discontinued them.

    30. Re:Kind of an empty gesture by ttucker · · Score: 1

      All insulting aside, the right environment would be a lab or workplace where you expect to find a Fluke meter. The way to deal with it is trademark law. For my money, this story is not about Fluke being bad, but US Customs doing an excellent job of protecting us from counterfeit products.

    31. Re:Kind of an empty gesture by Anonymous Coward · · Score: 0

      in the right environment.

      Pitch-black darkness?

    32. Re:Kind of an empty gesture by mdielmann · · Score: 1

      To be clear, I mean specifically the "multimeter with a yellow border = Fluke" trademark. As plenty of people in comments to the previous article noted, yellow is the natural color for a safety device.

      You're completely correct. And I, not being a design specialist, can look at the Fluke design and make about 10 different variants that wouldn't match their designs while still using just grey and yellow. Seriously, just reversing the colors probably would have bypassed the trade dress requirements. If not, any number of different options could have been used. Having looked at images of the devices in question, it's clear they're trying to mimic Fluke's trade dress.

      Whether you agree with trade dress or not, it's obvious that the Chinese version is trying to mimic, probably to mislead potential buyers. The effort to make a reasonably standard design of their own, with standard safety colors (which doesn't include grey), would have been a minimal effort.

      --
      Sure I'm paranoid, but am I paranoid enough?
  6. No. by Anonymous Coward · · Score: 0, Troll

    The winner is fascism, and the people are the loser. If you give with one hand what you have taken with your other, you're not behaving any more morally than I am sitting on my ass doing nothing.

    Confiscate equipment because it has a particular word written on it? What the hell is wrong with society?

    1. Re:No. by glasshole · · Score: 5, Interesting

      Sometimes I can't tell if these posts or trolls or not. Why should anyone develop any product if someone else can just clone it and sell it cheaper? While I think copyright laws as they are, are completely nuts, there has to be something to protect against straight up physical counterfeiting.

    2. Re:No. by x0ra · · Score: 1

      Why should anyone invest in open-source if someone else can just clone it and sell it cheaper ? The answer less a physical one than a perceived one. When people buy Channel 5 perfume, or a Dior bag, they do not buy a perfume or a bag, they buy a marketing image. I knew someone who tried to sell Channel 5 copy, the whole scheme ended up in an utter failure, as people would prefer to buy the original image rather than the copy.

      All in all, I strongly believe that the copy market is not not detrimental to the copied brand. The targeted market have very few overlap, and the show-off implied by the piracy might actually induce more sell for the original product. Same goes with music or movie. I can do without it, but piracy made me learn about a lot of artist I else would not have cared about.

    3. Re:No. by AdamHaun · · Score: 1

      When people buy Channel 5 perfume, or a Dior bag, they do not buy a perfume or a bag, they buy a marketing image.

      Fluke isn't selling a style or a marketing image or any other form of consumer entertainment. They're selling high-quality multimeters. The style is to make their products look distinctive. The impounded products we're talking about here clone the style, but not the quality. It's the total opposite of media piracy or knock-off perfume, where the end product is identical.

      --
      Visit the
    4. Re:No. by RyuuzakiTetsuya · · Score: 1

      Actually knock off bags and other wearable fashion items have major questions about durability.

      Saddleback Bags did a great video about the quality of their bags.

      http://youtu.be/a11wlngpuSY

      If I'm buying certain brand names, part of that brand name is a trust that it won't fall apart on me in six months.

      It's not just image, it's also quality.

      --
      Non impediti ratione cogitationus.
    5. Re:No. by Anonymous Coward · · Score: 0

      Sometimes I can't tell if these posts or trolls or not. Why should anyone develop any product if someone else can just clone it and sell it cheaper? While I think copyright laws as they are, are completely nuts, there has to be something to protect against straight up physical counterfeiting.

      Back at you.

      Take aspirin, anybody can make it so why does anybody make it?

      Aspirin is still a blockbuster today: in 2010, Aspirin generated â766m in sales for Bayer. For a long time,

      • Aspirin is however no more protected by patent.

      http://www.ipdigit.eu/2011/10/...

      And there is a market for the cheap, off-brand stuff which graces my medicine cabinet.

      Either there is a market for something or there is not.

      I'll just assume there is a market for troll posts like your own.

    6. Re:No. by jbmartin6 · · Score: 1

      Why should anyone develop any product if someone else can just clone it and sell it cheaper?

      This happens all the time, with millions of products, including the food you eat. And it also happened with all the products that today enjoy the protection of patents and trademarks, before that type of product was even eligible for patents and trademarks.

      --
      This posting is provided 'AS IS' without warranty of any kind, implied or otherwise.
  7. 30k Worth of Fluke? by Anonymous Coward · · Score: 0

    That's what like 3 of their multimeters?

  8. $30K = 2K Sparkfun Multis = 100 Fluke Multis by Anonymous Coward · · Score: 0

    Sad part is that $30K worth of Fluke devices means much less units than the 2000 Sparkfun was going to get. Even donating the Fluke meters would mean that less people would get multimeters. And that doesn't fix the cause, just the symptom. Trademarking a color combination and JUST that it's BS. One could conceivably trademark most color combos 1024.32 major primary colors x 32 major primary colors...enough to be able to claim trademarked color confusion.

    1. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by ttucker · · Score: 4, Insightful

      Trademarking a color combination and JUST that it's BS.

      It is bullshit to say this is only about the color combination. The knockoff ones look exactly like Fluke devices, and it is hardly accidental. Your argument makes it seem that some good faith is involved on the part of the manufacturer of the fake Fluke meters, and that the violation is trivial, but that is simply not the case.

    2. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by Anonymous Coward · · Score: 0

      Except you can't do that. Trademark has several really huge limitations associated with it. Some that would be relevent to your plan:
      1) You have to be using something, or be able to present a buisness plan making it clear that it will be used in the future, to trademark it. If at some point you stop using it you have to abandon the trademark.
      2) Trademarks are fairly limited in the things that they cover. For example someone else trademarking a yellow/grey electrical test equipment doesn't stop you from making a yellow/grey table saw.
      3) Trademarks have to be distinctive. It would bve hard to argue that any one of your 1024 color combinations is distinctive when you are trying to register so many of them.

    3. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by Njovich · · Score: 1

      And of course, it may be 30k in lost revenue, but their actual cost per unit, including shipping, was probably closer to $5. I'd be surprised if they actually lost more than 10k on this.

    4. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by Anonymous Coward · · Score: 0

      What the fuck do you use a multi-meter for anyway? It's completely utilitarian. The style is irrelevant to it's functioning.

    5. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by Anonymous Coward · · Score: 0

      Clearly you have never used a piece of equipment made by Fluke. They are far superior to your average $10 meter in terms of reliability, precision, accuracy, and durability.

    6. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by fullmetal55 · · Score: 1

      good point, See Dewalt... they have a trademark on their design as well which also includes a Yellow color scheme.

      (from http://www.dewalt.com/) The following are trademarks for one or more DEWALT Power Tools and Accessories: The yellow and black color scheme; the "D"-shaped air intake grill; the array of pyramids on the handgrip; the kit box configuration; and the array of lozenge-shaped humps on the surface of the tool.

    7. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by x0ra · · Score: 1

      But Average Joe, 99% of time, does not need a high-end piece of equipment. Last time I used a multimeter, it was to check my car battery voltage after long term storage, and to check if a signal was properly connected. Just like with power tool. I got a 1 3/4 HP router which I will probably used at full capacity once in the next 10 years.

    8. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by Anonymous Coward · · Score: 0

      There is very likely a difference in quality! The first digital multi-meter I bought was "top of the line" for a cheap knock off brand. (Top of the line meaning it had lots of features like transistor test, etc. It cost about $90 which was half the price of a similar Fluke at the time I bought it.) It fried itself the first week I had it while attempting to measure a 240V AC circuit. The meter claimed to be good to 600V !!! Basically, there was a flaw in the design where a thru-hole lead on the PCB inside the meter pierced one of the leads to the 9V battery. The result being release of magic smoke.

      Thankfully the vendor fully refunded the purchase price and I put the money towards a Fluke 79 series II. I used the Fluke 79 for probably 10 years without problems when I finally upgraded to a Fluke 187. I gave the Fluke 79 to a friend who still uses it today.

      While my personal experience relates to product safety, what Fluke is really known for is accuracy and long term reliability of their products.

    9. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by jratcliffe · · Score: 2

      There's a famous HBS case study on Dewalt. Black & Decker bought the brand (which was at that point restricted to woodworking tools), and used it to rebrand their Black & Decker professional line. They chose yellow/black as a color scheme since it was familar both from the "safety sign/tape" schema and because blue was Makita and red was Skil or Hilti or probably a few others as well, so the black/yellow would stand out. They didn't change the actual tools (which got good ratings when people didn't see the B&D branding on them, but construction pros didn't want to bring something to the job site that was the same brand as their popcorn popper), just change the color and name. Market share went up about 8-fold in a year.

    10. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by chihowa · · Score: 1

      But the styling is obviously worth something if the knock-off company went out of their way to make their clone have exactly the same styling.

      Knock-off manufacturers deliberately making their poor quality imitations mistakable for high quality products is exactly what trademarks and trade dress laws are for.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    11. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by Anonymous Coward · · Score: 0

      The color scheme is utilitarian.
      My crane radio remote has a dark grey face and a safety yellow plastic/rubber case on the other 5 sides.
      Why dark grey? So you don't get excessive reflections off the face.
      Why safety yellow? So you can more easily spot the thing when it's sitting somewhere.

    12. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by Anonymous Coward · · Score: 0

      Supermarkets do this all the time with their clone products. There's nothing special about Fluke, other than they used to make excellent gear 15+ years ago.

    13. Re:$30K = 2K Sparkfun Multis = 100 Fluke Multis by guruevi · · Score: 1

      I don't know if you saw a picture of the devices. They look suspiciously much like a real Fluke, they have the same shape, same color, same layout, same print, same large display. That same manufacturer may have made Fluke knockoffs and sent them to the US which is why they were flagged, manufacturing in China may be cheap but you can be guaranteed that you will also contribute to your own brands' knockoff market.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
  9. One better? Well, sort of. by jeffb+(2.718) · · Score: 1, Interesting

    That original $30,000 shipment was apparently 2,000 multimeters. I'm guessing that $30,000 "worth" of Fluke meters, while a nice gift, will constitute a lot fewer units, meaning fewer makers will end up getting their hands on a meter.

    1. Re:One better? Well, sort of. by jo_ham · · Score: 3, Informative

      The Ars Technica article notes that the shipment of meters from Fluke exceeds the value of the original dodgy multimeters.

    2. Re:One better? Well, sort of. by retchdog · · Score: 1

      They could sell them, and then use that money to pay for a new non-infringing shipment of (inferior) multimeters.

      Of course since it's important for them to appear altruistic, they'll probably just give away a smaller number of (superior) multimeters.

      --
      "They were pure niggers." – Noam Chomsky
    3. Re:One better? Well, sort of. by hawguy · · Score: 1

      That original $30,000 shipment was apparently 2,000 multimeters. I'm guessing that $30,000 "worth" of Fluke meters, while a nice gift, will constitute a lot fewer units, meaning fewer makers will end up getting their hands on a meter.

      I guess the makers will have to get by on $10 eBay meters instead of $15 SparkFun meters (that coincidentally, *also* have the Fluke color scheme).

      http://www.ebay.com/itm/Digita...

    4. Re:One better? Well, sort of. by Anonymous Coward · · Score: 0

      exceeds the value of the original dodgy multimeters

      How much of that value is just perceived due to the brand name though?

    5. Re:One better? Well, sort of. by wisnoskij · · Score: 1

      Ya, which is marketing speak for as little extra as possible. Obviously it it not going to come out even.

      When they say more than $30K, they do not mean $60K, they mean $30K and chance.

      --
      Troll is not a replacement for I disagree.
    6. Re:One better? Well, sort of. by CanHasDIY · · Score: 1

      That original $30,000 shipment was apparently 2,000 multimeters. I'm guessing that $30,000 "worth" of Fluke meters, while a nice gift, will constitute a lot fewer units, meaning fewer makers will end up getting their hands on a meter.

      I guess the makers will have to get by on $10 eBay meters instead of $15 SparkFun meters (that coincidentally, *also* have the Fluke color scheme).

      http://www.ebay.com/itm/Digita...

      Or this $5 unit from Harbor Freight, that also happens to have a spot for testing PNP and NPN transistors.

      That is, $5 if you don't have one of the "free multimeter" coupons they put in the Sunday paper every other week.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    7. Re:One better? Well, sort of. by hawguy · · Score: 1

      That original $30,000 shipment was apparently 2,000 multimeters. I'm guessing that $30,000 "worth" of Fluke meters, while a nice gift, will constitute a lot fewer units, meaning fewer makers will end up getting their hands on a meter.

      I guess the makers will have to get by on $10 eBay meters instead of $15 SparkFun meters (that coincidentally, *also* have the Fluke color scheme).

      http://www.ebay.com/itm/Digita...

      Or this $5 unit from Harbor Freight, that also happens to have a spot for testing PNP and NPN transistors.

      That is, $5 if you don't have one of the "free multimeter" coupons they put in the Sunday paper every other week.

      That one won't work, it's red, not yellow. Yellow meters are better, that's why everyone wants a Fluke.

    8. Re:One better? Well, sort of. by x0ra · · Score: 1

      Are we talking about retail value, or production value ? If Microsoft donates for 10 millions worth of Windows license, it will NOT cost them 10 millions. All that revenue would not have been generated at the first place.

    9. Re:One better? Well, sort of. by guruevi · · Score: 1

      Which may also destroy your project as the impedance of those meters sucks balls and the testing current is so high, it could actually destroy a transistor. I actually got one of those for free in a toolkit, worthless piece of crap, can't even measure a resistor properly (more than 20% off the accuracy) and gives off enough current that when you measure a 20W speaker it actually gives off a tone.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    10. Re:One better? Well, sort of. by CanHasDIY · · Score: 1

      Which may also destroy your project as the impedance of those meters sucks balls and the testing current is so high, it could actually destroy a transistor. I actually got one of those for free in a toolkit, worthless piece of crap, can't even measure a resistor properly (more than 20% off the accuracy) and gives off enough current that when you measure a 20W speaker it actually gives off a tone.

      So... what you're saying here is, while it's a piss-poor measurement tool, it might work well as an atari punk console...

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  10. Re:Nice recover by Anrego · · Score: 5, Informative

    If you believe fluke's statement on the matter (personally I do), they didn't initiate this whole mess.

  11. The Makers. by Anonymous Coward · · Score: 0

    They will destroy us all. We must fight them, not assist them in their Plans.

  12. So, they're sending like, 6 multimeters? by RobotSpider · · Score: 2

    Used to be that you trademarked your logo and your model-name. But trademarking your colors, shapes, etc. is ridiculous. How is this different from Toyota AND Honda selling yellow cars? If it looks like a Fluke, and I pick it up and see SparkFun on it, I think, "Heh, they copied Fluke's design". It's not disingenuous. They're selling an inferior product for a much smaller price to people who don't need a $3000 Fluke meter to check their robot's power relay. They're not labeling it or branding it as a Fluke. How does this harm Fluke's IP?

    1. Re:So, they're sending like, 6 multimeters? by gewalker · · Score: 2

      Unless you are getting multi-meters that "fell off the back of the truck" I don't think anyone is going to confuse a $3000 MM with a cheap knockoff. It's not like buying a fake Rolex, people don't drop 3 large for a MM unless they have very specific requirements, like drop-proof, water-proof, dust-proof, etc. for use in a heavy industrial environment. Most of Fluke's MM's can be purchased for a few hundred USD (depending on your definition of few).

      I checked Fluke-Direct.com and there are 2 models over 1000 USD, an industrial strength RED one for $1500, and a bench model for 1065 USD. They had dozens of models less than 500 USD. Lowest price 130 USD.

    2. Re:So, they're sending like, 6 multimeters? by Anonymous Coward · · Score: 0

      They're not labeling it or branding it as a Fluke. How does this harm Fluke's IP?

      The same way if some one opened a fast-food restaurant that had "golden arcs" instead of golden arches...

    3. Re:So, they're sending like, 6 multimeters? by Quila · · Score: 1

      Used to be that you trademarked your logo and your model-name. But trademarking your colors, shapes, etc. is ridiculous.

      Color has been a possible part of trademark for a long time. Trademarks are not "intellectual property." It is consumer protection law, meant to prevent knock-off products from looking too much like the desired products. Hey, my friend had this awesome multimiter, and this $15 one in front of me looks like it. I think I'll get it. The cheap multimeter caused confusion in the market, and a customer got ripped off.

      In that a company's reputation can be conveyed through a trademark makes that trademark valuable, and anything of value can be sold, so people call it "property."

      How is this different from Toyota AND Honda selling yellow cars?

      Color isn't a defining characteristic of your average model of car. Shape is, and manufacturers get design patents for their car designs all the time.

    4. Re:So, they're sending like, 6 multimeters? by RobotSpider · · Score: 1

      Ok, I used the wrong term to describe what it was they were defending. I'll give you that. But according to the trademark claim, "Color is not claimed as a feature of the mark." Fluke states on their own trademark claim submission that they are not defining a specific color as part of their trademark. Doesn't that remove their claim of "The yellow makes it look like ours"? And when a color is part of a trademark claim, it has to be a VERY specific definition of that color, doesn't it?

    5. Re:So, they're sending like, 6 multimeters? by Quila · · Score: 1

      Fluke has these two live trademarks concerning the design and color of their devices: 85449701, 85449725.

      As long as the color similarity could cause confusion in the market, it's close enough.

  13. its not all .. by devilsandy · · Score: 1

    Fluke did a good gesture and I applaud them. What happens to the 2000 multimeters that are held up ? if they get destroyed ... its not a win in my book.

  14. smooth move by Anonymous Coward · · Score: 0

    At least the did SOMETHING more than ignore the issue while stating some bullshit PR.
    Dismissal is the most insidious abuse.

    -- cassandra

  15. Really, not that great. by Anonymous Coward · · Score: 0

    First of all, it's not a replacement: $30K of $15 multimeters is 2000 multimeters. $30K of Fluke multimeters is 200. SparkFun would have a lot harder time selling the Flukes to recoup its expenses.

    And it's a huge waste of resources. They're still needlessly destroying perfectly good and useful tools.

    The non-dick thing would be to grant them a one-off trademark license under condition they work as fast as commercially reasonable to change the colors. SF have been selling them for a while; it's not like 2000 more makes that huge a difference.

    Then it would be "we care about our trademark, but don't mean to blindside you; we understand that the banhammer is overpowered for this case, and won't use it as long as you're not dicking us around,".

    1. Re:Really, not that great. by beltsbear · · Score: 1

      destruction is almost always a waste of resources. But Sparkfun is doing ok here. They have $30,000 worth of meters at retail, but they did not pay $30,000 for them. They probably paid $9000. They could sell the Flukes for at least $20,000, or sell some of them for the $9000 and donate the rest.

      The cheapo meters should be sent to another country for donation though.

    2. Re:Really, not that great. by Quila · · Score: 1

      They have to aggressively protect their trademark, or they risk losing it. If they accept and allow 2,000 more, the next guy can come along and say their shipment of 2,000 doesn't do harm to Fluke, see they allowed SparkFun to do it. Fluke needs these cheap knock-offs out of circulation.

  16. Fluke by Anonymous Coward · · Score: 0

    not on my list anymore

  17. Yellow isn't always Fluke by benro03 · · Score: 2

    I'm looking at a digital multimeter from Radio Shack that I bought about 5 years ago when they closed a store near me. It sure looks like the same shade of yellow...

    --
    I am Homer of Borg, resistance is - Ooo Donuts!
    1. Re:Yellow isn't always Fluke by Anonymous Coward · · Score: 0

      Do a Google Image search for multimeter, you'll see that 90% of them are yellow with a gray face. It's the defacto standard.

  18. They didn't, but did, but didn't... by QuasiSteve · · Score: 2, Insightful

    They didn't.. insofar as Fluke reps standing at ports waiting for a multimeter to pass by their eyes and go "Whoa, Nelly!" - or even getting a call in advance telling them that a shipment of DMMs was found that may or may not infringe.

    They did... insofar as Fluke having registered for the trade dress in the first place.

    They didn't... insofar as cheap knockoffs trying to copy Fluke's looks - regardless of intent there, Fluke rather they didn't - and since asking nicely tends not to work, trade dress it is.

    A lot of people seem to have missed the issue in the original story anyway (even if it may have come across as an attack against Fluke based on e.g. the title).
    SparkFun doesn't really mind Fluke's trade dress (other than believing it to be overly broad - they themselves deem the old SFE DMM's border to be more of an orange..). What they mind is the inflexibility of the system once you're confronted with such an issue. For example, SFE didn't appear to have any way to tell CBP that they believed the borders to be orange and thus not even run afoul of the trade dress to begin with and enter e.g. arbitration with either the CBP or with Fluke. There's also the matter of how the product gets destroyed, with only a quoted price per hour - but no indication of how long it would take. Responsible destruction would take a very long time, a shredder should take less than 30 minutes; either could easily be possible for the price cited. Then there's the whole option of 'either ship them away or have them destroyed' in the first place; No "you can store them here and adjust the product so it no longer infringes", and even if you could adjust them, the period in which you have to make that decision is rather short.

    While it's easy enough to say that SFE should have done better in figuring out this could occur beforehand, that doesn't help once the issue does arise.
    Some will shrug that off and say "well I guess if you have to learn the hard way...", others will contemplate the bureaucracy.

    Note that this is pretty much a separate issue from whether or not the color combo should be something that you can get a trade mark/dress on in the first place, which most people focused on (next to the "if you copy a popular brand, you oughtta know this can happen" discussion).

    1. Re:They didn't, but did, but didn't... by LordLimecat · · Score: 4, Insightful

      They did... insofar as Fluke having registered for the trade dress in the first place.

      People really need to stop blaming companies for participating in the current P&T system that we have. Until you enter "troll" territory (starting legal fights over clearly dubious P&Ts), registering trademarks and patents is just good business sense.

      Want to make a change, stop blaming Fluke or whoever and push for patent / trademark reform.

    2. Re:They didn't, but did, but didn't... by QuasiSteve · · Score: 0

      I agree that one should push for reform.

      However, does your stance extend to the copyright system?

    3. Re:They didn't, but did, but didn't... by DRJlaw · · Score: 0

      SparkFun doesn't really mind Fluke's trade dress (other than believing it to be overly broad - they themselves deem the old SFE DMM's border to be more of an orange..). What they mind is the inflexibility of the system once you're confronted with such an issue. For example, SFE didn't appear to have any way to tell CBP that they believed the borders to be orange and thus not even run afoul of the trade dress to begin with and enter e.g. arbitration with either the CBP or with Fluke.

      What they mind is having to take any responsibility for investigating their situation at all. Or, apparently, spending any money to modify the meters, ship the meters out, or do anything to help themselves short of whining that the world is being so unfair to their $25+ million-per-year import-from-China-all-the-time business that has remained blissfully ignorant concerning a routine import-export problem. Just wait until they find out that there are arms control laws that apply to their international electronics shipments. It'll blow their minds.

      Contacting a trademark attorney is not hard. Using Google is even easier: "customs exclusion order appeal"
      First page result: Your Options After An ITC Exclusion Order - Law360

      While it's easy enough to say that SFE should have done better in figuring out this could occur beforehand, that doesn't help once the issue does arise.

      Picking up a phone or using Google helps a lot more than claiming that the yellow surround included in your very own picture of your very own device, which is quite clearly yellow, is not in fact yellow while writing couple thousand words about how this is everyone's fault but your own.

  19. How is this a good thing for SparkFun? by Immerman · · Score: 3, Interesting

    So, SparkFun, a company in the business of selling multimeters, is now being gifted a large number of its competitors superior product. How is this a good thing? They've still lost a ton of money on their own shipment, and can't even give away the Fluke meters without likely reducing the demand for their own product, and probably making their product look bad in comparison as well. Maybe they could sell them to try to recoup some of their losses, but that risks damaging their public image.

    Unless they can manage some seriously good PR spin, this looks to me kind of like SparkFun is receiving a very polite and well-spoken slap in the face by Fluke.

    --
    --- Most topics have many sides worth arguing, allow me to take one opposite you.
    1. Re:How is this a good thing for SparkFun? by Sarten-X · · Score: 5, Insightful

      SparkFun is in the business of selling DIY electronics. They're more like a modern Heath.

      They're out the original shipment, but Fluke stepped in with an absolutely unnecessary act of goodwill. Now SparkFun's broken even, because they still have multimeters to sell to make their business, and the customers that would have bought the original ones still want multimeters, and now SparkFun has the Fluke brand, to boot...

      But this is no longer in the hands of the inventory people. This is marketing. Sure, SparkFun could probably sell the multimeters at a very nice profit, but that's not their business. They're selling electronics in general, so they thrive on the repeat business rather than one-time equipment sales. Giving away these multimeters to loyal customers is a nice way to build their own brand loyalty.

      Fluke looks like the good guy. SparkFun gets cheap viral marketing. Everybody's walking away happy.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    2. Re:How is this a good thing for SparkFun? by Anonymous Coward · · Score: 1

      Except me. I'm not happy. I want a cheap MM. They would have sold me one. Now I have to spend more. The government granted fluke a monopoly on yellow rectangles that can measure electrical resistance. This isn't about bankers trying to trade derivatives with a 100x leverage, or stamping a product with a competitor's mark - this is the first day of micro-economics for Liberal Arts freshmen. Where the fuck are the republicans on this one? This is why we need them!

    3. Re:How is this a good thing for SparkFun? by fullmetal55 · · Score: 2

      SparkFun and Fluke aren't even in the same league though, their customer bases are completely different. that's like saying Ferarri giving Chevrolet 30 cars to do with as they wish because of a mix-up on something that cost chev 300 cars, and Ferarri out of the goodness of their hearts (aka for good PR) gives them free cars, suddenly those 30 ferarris are going to reduce demand of Chevs?

      of course not. the Market for people who buy Ferarris, is not the same as the guys who buy Chevs. same with the guys who buy Fluke Meters, and Cheap Chinese Meters... two completely different markets, two completely different price points. Why would I pay $400+ for a Fluke Multimeter when I can get a cheap one for $9.99 that meets my needs? And the other side of the coin, why pay $9.99 for one that doesn't meet my needs when I need the features and functionality of the $400+ Fluke? Two completely separate markets, now the higher end will always have the PWTMM (people with too much money) who go Meh, I can afford the $400 Fluke, I'll buy that instead of the $9.99 one, even though I'll only ever use 1% of what the cheap one can do, and way less than what the fluke can do... They are competitors in the same way Ferarri competes with Chevrolet. Someone who wants a Ferarri isn't going to consider a Chevrolet, and a guy looking at Chevrolet, is going to look longingly at the Ferarri, and then buy the Chevrolet, because he can't afford to have a car worth more than his house.

      Yeah SparkFun lost a lot of money. It's not going to bankrupt them though, and they were willing to eat the loss, and they sell other products as well. All this does, is probably ends up giving them a charitable tax deduction for donating them to schools and other charitable organizations, which will help them a little bit with the loss of money come tax time. Also, this whole incident has brought them into a lot more people's minds, I personally have never heard of them. Now I know they're a electronic hobbyist company. I'm not their target market, although to be fair I have always wanted a fluke multimeter, just never wanted to pay the price for one.... I'm using my $9.99 Canadian Tire brand multimeter for all my multimeter needs. But if I were and hadn't heard of them, now I have. maybe I'd even send some business their way because I know they exist.

      Also why would selling them damage their line of business? Which as near as I can tell is as a cheap knockoff reseller targeting hobbyists getting into the hobby, based on previous comments about their other product lines being cheap knockoffs too. It may open them up to a new market as a reseller for Fluke. Assuming they could strike a deal with Fluke to continue to be able to sell Fluke products. I highly doubt it's a slap in the face, nor was it intended as a slap in the face. you really have to reach to get there from what fluke did. Especially when they didn't HAVE to do anything since they didn't DO anything other than apply and get a trademark many years ago...

    4. Re:How is this a good thing for SparkFun? by Anonymous Coward · · Score: 4, Informative

      They are still selling cheap multimeters, just not yellow ones.

    5. Re:How is this a good thing for SparkFun? by Anonymous Coward · · Score: 0

      Or... SparkFun (and anyone else) could make multimeters without the yellow trim and all. It's not like that's an essential part of multimeter functionality.

    6. Re:How is this a good thing for SparkFun? by Anonymous Coward · · Score: 0

      Gossen - cyan
      Metrix - blue
      Benning - red
      Agilent - orange
      Extech - green

      So, what color do you make your holster so you can easily spot the damn thing?
      Pink?

    7. Re:How is this a good thing for SparkFun? by Anonymous Coward · · Score: 0

      Score 4 and you don't even know what SparkFun does.

      Hint: they're a multimeter reseller, nothing more.

    8. Re:How is this a good thing for SparkFun? by am+2k · · Score: 1

      Or... SparkFun (and anyone else) could make multimeters without the yellow trim and all. It's not like that's an essential part of multimeter functionality.

      But it won't have the same accuracy without the yellow trim! That's why the MM were made that way in the first place.

  20. Kudos to Fluke by stox · · Score: 1

    A great move in a difficult situation.

    --
    "To those who are overly cautious, everything is impossible. "
  21. It's a one-time jesture. by JoeyRox · · Score: 2

    In other words, a fluke.

    1. Re:It's a one-time jesture. by Anonymous Coward · · Score: 0

      "If it's good, it's a Fluke!"

      Management was understanably less than amused with the proposal for the corporate slogan.

  22. Message to Fluke by byteherder · · Score: 1

    Dear Fluke,

    I use your multimeters and love them. Please allow SparkFun to have a one-time, royalty-free license to use your trademark for this batch of multimeters.

    No one is going to confuse these multimeters with those of Fluke. And it will be a good-will gesture that those of us in the EE community would appreciate.

    byteherder

    1. Re:Message to Fluke by Anonymous Coward · · Score: 0

      Please allow SparkFun to have a one-time, royalty-free license to use your trademark for this batch of multimeters.

      You're so cute when you don't have any idea how brand integrity or business works.

      No one is going to confuse these multimeters with those of Fluke.

      Never underestimate the ability of stupid people to get their hand on good stuff (or what they think is) or their ability to misuse it. Stupid people have a real knack for connecting with lawyers for doing things that are their own dumb fault.

      And it will be a good-will gesture that those of us in the EE community would appreciate.

      How about the good will gesture of giving away free meters?? Fewer lawyers and more meters is a win-win for the world.

    2. Re:Message to Fluke by Anonymous Coward · · Score: 0

      Dear whoever the hell you are,
       
      Do you really think anyone at Fluke with enough pull to grant this wish bothers with Slashdot? Even at the time of its peak?
       
      The Realist

  23. Is that cost of production, wholesale, or retail? by wisnoskij · · Score: 1

    Is that $30K cost of production, wholesale, or retail?

    This last shipment was apparently $5 a multimeter, but they were probably going to sell them at over $40 a pop (random guess).

    If these replacements are measured in retail price, it probably only cost the company a few hundred to manufacture them.

    --
    Troll is not a replacement for I disagree.
  24. Only makes the problem worse by Anonymous Coward · · Score: 0

    I may be wrong but if i understand correctly Spark fun will have to claim the flukes as income and would have to sell them much higher in price or donate them in turn.

    This still does not solve of fluke trademarking COLORS in conjunction multimeters.

    BTW why the hell have the allowed radio shack to carry yellow and grey meters ... oh wait the yellow and grey meters from various sources have been around for longer than the trademark which is likely due to Fluke being acquired by Danaher Corporation in 1998.

  25. No Win-Win-Win Here... by Anonymous Coward · · Score: 0

    > A great example of win-win-win?

    Nope. It's more like: The-government-screws-everything-up --- Sparkfun-didn't-get-the-multimeters-they-ordered --- Fluke-pays-$30K-to-fix-the-damage-the-government-caused.

    When the government destroys $30K of cargo, somebody has to pay for it. So, for the government behaving the way governments do in terms of destroying personal property on a bureaucratic whim, I call that a lose.

    Sparkfun got multimeters but not the ones they ordered. If you order a book on Amazon and they send you a different yet similar book, is that a win? I don't think so.

    Finally, Fluke volunteers to pay the bill in what appears to be a generous PR move. It's actually a smart business decision that avoids legal liability in case Sparkfun sues, and avoids the possibility of getting dragged into a lawsuit between Sparkfun and the U.S. Customs "service". For them, this is simply the cheapest way out of this mess.

    The real question is, did Fluke actually object to this shipment or did the government do this on their own? I'm not inclined to believe the U.S. Customs "service" has much knowledge of U.S. Trademark law or bothers to keep up with the rising tide of IP coming out of the USPTO.

    Either way, to me this appears to be lose-lose-lose AND you get to pay for the damage while the government pats itself on the back for a job well done. What a cluster fuck. Seriously.

  26. No easy way out. by westlake · · Score: 1

    There was never a chance of giving away the meters to an NPO, trade school, or public school. The hardware would inevitably be as suspect as the look-alike case. I am not convinced that there is a place for the $15 multimeter even in the makerbot movement.

    Any shorthand description of Fluke and its product lines will read like corporate PR. but that can't be helped.

    Fluke, a subsidiary of Danaher (maker of Craftsman tools), makes handheld electronic test tools used by electricians, HVAC technicians, and engineers to install, maintain, and service electrical and electronic equipment. Its multimeters, oscilloscopes, and other devices measure current, voltage resistance, frequency, pressure, temperature, and air quality. It also makes calibrators and calibration software, waveform generators, and power harmonics meters. Its Fluke Biomedical unit makes patient simulators, diagnostic imaging, and radiation safety products, among others.

    Fluke Corporation Company Profile

    The cheapest Fluke multimeter I could find online sells for about $150 and is CAT III rated for 600 volts.

    This category refers to measurements on hard-wired equipment in fixed installations, distribution boards, and circuit breakers. Other examples are wiring, including cables, bus bars, junction boxes, switches, socket outlets in the fixed installation, and stationary motors with permanent connections to fixed installations.

    What are Measurement Categories (CAT I, CAT II, etc...)?

    1. Re:No easy way out. by Mr.CRC · · Score: 2

      A kid with a decent $15 multimeter is way ahead of one with no meter at all. There is nothing wrong with cheap DMMs, as long as their limitations are understood. I have some kit Elenco DMMs for about $15 that are useful in many circumstances. I also have very good bench DMMs by Fluke and Tek. And middle of the road handheld 4.5 digit DMMs. All have their place. Any one of them is infinitely superior to nothing.

  27. All Hail E-Waste! by YoungManKlaus · · Score: 1

    Because who cares about the environment, right?

  28. i feel sorry for by Anonymous Coward · · Score: 0

    the multimeter

    capitalist asshole fucks

  29. good on them.... by nblender · · Score: 1

    Fluke could have just as easily done nothing but they see the sparkfun community for what it is. A group of people who are technical hobbyists, a sizable number of which are probably in purchasing positions in their professional lives... I have both fluke's a Simpson, and some cheapy meters. I have cheapies in the toolboxes of my trucks where all I care about is "is this wire live" or "is there some continuity between here and ground"... I don't care about accuracy. I use my Fluke's when I want accuracy. At work we use Fluke's because they get sent out for calibration; not because they need it, but because lab policy dictates that it is so.

  30. What Fluke multimeter costs $3K? by Ellis+D.+Tripp · · Score: 1

    Maybe a few high end benchtop ones, but all their handheld DMMs (which is what this whole issue is about) are well under the $3K level. You can buy an entry-level Fluke DMM for less than $150 last I checked. Most of the mainstream models are $300-$400.

    And if you actually make your living using instruments like these, they are worth every penny you pay. Even if just for the security that the thing isn't going to blow up in your face when testing mains power...

    --
    Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
    1. Re:What Fluke multimeter costs $3K? by Anonymous Coward · · Score: 0

      >You can buy an entry-level Fluke DMM for less than $150 last I checked.

      That's the joke (tm).

      You can buy an entry level cheap 'n nasty DMM at the dollar store.

      >Even if just for the security that the thing isn't going to blow up in your face when testing mains power...

      Fused leads. Problem solved.

      Not that I'd use a dollar store meter on mains, but I would use many other brands that cost 1/10th the Fluke price any day. Heck, I *did* use them, every day.

    2. Re:What Fluke multimeter costs $3K? by Anonymous Coward · · Score: 0

      Sparkfun doesn't target electricians and professionals, they go after newbie hobbists working pretty much exclusively with low voltage and low current.
      While Fluke is probably the best meter out there in price/performance, even $150 is a lot to a causal "maker" flipping through the Sparkfun catalog, especially when you consider you can get a decent old analog scope for that on ebay.

      Including a big WARNING card explaning CAT ratings and laying out safety procedure for dealing with mains (or just recommending avoidance of mains) would be a good gesture on the cheap meters.

  31. Win-win-win except for the environment by xdancergirlx · · Score: 1

    The environmental, material, and human costs that went into making and then destroying 2000 of these things matters too. What a waste!

  32. Step up your game Sparkfun by ThatsNotPudding · · Score: 5, Funny

    Next week, order some Chinese cars that look suspiciously like Bugatti Veyrons.

  33. Good for Fluke! by Animats · · Score: 1

    Fluke did their job well. Now it's up to Sparkfun.

    Whoever gets those will have the experience of using a good multimeter. I have a Fluke 21 on my desk right now. It's over 20 years old. Autoranges over inputs from 1mV to 1KV. Auto power off. Runs for years on a 9V battery. Test leads have good strain reliefs and don't wear out in normal use. Finger guards on the probes so you don't slip into a live circuit. Ohms measurement still calibrated properly; goes to 0.00 if you hold the probes together tightly.

    It's out of production, but its replacement, the Fluke 77-IV, sells for about $260. If you want an original Fluke 21, they're for sale for $100 on eBay. These things last for decades.

    1. Re:Good for Fluke! by Trax3001BBS · · Score: 1

      Fluke did their job well. Now it's up to Sparkfun.

      Missing from summery is the Sparkfun webpage https://www.sparkfun.com/news/... sparkfun which claims "SparkFun has officially accepted their offer and will be donating the Fluke multimeters to several educational institutions and schools" if you read the comments Africa would be a good area to start looking for drop off spots.

  34. Great, but by Anonymous Coward · · Score: 0

    Don't lose sight of the fact that the trademark that Fluke is disputing is over-reach. Nobody put any fake FLUKE logos anywhere, and its blindingly obvious when looking at the display of this thing that you're not making a "FLUKE" measurement, but a knockoff one of mediocre quality. You could only mistake it as a Fluke from across the room. Because of that, its the round-cornered rectangle dispute again. Fluke does not "own" things that are rectangular with a yellow bottom! Not even rectangular multimeters with a yellow bottom. This is why the fashion industry has to slather everything in their logos - because you cannot trademark a black T-shirt, or a "little black dress" or a running/tennis/basketball shoe. You should not be able to trademark a rectangular box with a yellow bottom either.

    1. Re:Great, but by Trax3001BBS · · Score: 1

      Don't lose sight of the fact that the trademark that Fluke is disputing is over-reach. Nobody put any fake FLUKE logos anywhere, and its blindingly obvious when looking at the display of this thing that you're not making a "FLUKE" measurement, but a knockoff one of mediocre quality.

      At first glance it's a Fluke, I've dabbled in purchasing (Ford and Chevy truck parts for the Alyeska Pipeline) it's not a reach to say they could be purchased in error.

  35. Win-win by TeknoHog · · Score: 1

    In computing, "Win" has an unfortunate association with "loss", so the phrase "win-win" is ruined. This is why I always say "lin-lin" when referring to mutually profitable outcomes. Although in this case, depending on your measurements, it might also be lin-log or log-log (because everyone loves the log).

    --
    Escher was the first MC and Giger invented the HR department.
    1. Re:Win-win by roc97007 · · Score: 1

      It rolls downstairs

      alone or in pairs

      rolls over the neighbor's dog

      It's great for a snack

      It fits on your back

      it's log log log!

      I'm more than a little disturbed I still remember that.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    2. Re:Win-win by fullmetal55 · · Score: 1

      It's LOG, LOG

      It's big it's heavy it's wood

      It's LOG, LOG

      It's better than bad it's good!

      Come on and get your log

      You're going to love it log

      Come on and Get your Log

      Everyone loves the Log.

      LOG From BLAMMO!

  36. it is a win win no matter what by Anonymous Coward · · Score: 0

    As a user of some very expensive high end fluke testers and meters i am glad they made the effort to help out sparkfun. As a buyer of sparkfun kits for my own enjoyment i am glad they got a goodwill gesture in an unfortunate situation.

    If more companies would bend their rules a bit we'd be a lot further ahead.

  37. Re:Is that cost of production, wholesale, or retai by Anonymous Coward · · Score: 0

    Oh Business math is so hard!

    Spark fun will use the biggest number associated with the meters for the most sensation. $30k is the retail value of the $15/ea meters. That would be 2000 meters. Though the quantity of meters is irrelevant because it is always about the money. Fluke will match retail to retail. (I think the cheapest Fluke is like $150 so 200 meters max.) Fluke will give up $30k retail cost of meters but the actual cost to Fluke is the manufacturing cost which is less, maybe even half. Fluke may even choose to give up meters with the largest margin to maximize their effort instead of matching features.

    The price of good PR for Fluke is more like $15k from the bottom line. PR that they couldn't buy for that money.

    Sparkfun should ask Samsung about advice on look and feel issues.

  38. Color function by Anonymous Coward · · Score: 0

    Broadly, a multi-meter has an LCD screen, knob and lead inputs. How different can they really look? Any argument to back up your assertion that it's hardly accidental?

    If you confuse the Sparkfun meters ($15 in cheap packaging, labeled as Sparkfun) with the Fluke ones ($4XX, labeled as Fluke and probably fancier packaging) you probably shouldn't use an meter anyway because you're dumb enough to kill yourself in the process (Fluke or no Fluke meter involved). This case has nothing to do with actual or intended confusion of trade dress.

  39. Sparkfun $14.95 DMMs for sale by JRV31 · · Score: 1

    I just came from MicroCenter in Minneapolis MN, the $14.95 DMM is for sale there.

    1. Re:Sparkfun $14.95 DMMs for sale by vovin · · Score: 1

      Generally have good luck there.
      Decent place and they honor the on-line prices which often are lower than the in store prices.

  40. Fluke saves their trademark look and face, Kool by Trax3001BBS · · Score: 2

    I dabble in electronics, Fluke is a very nice MultiMeter. TheRegnirps claimed on sparkfun when Fluke was being seen in a bad light: " I used to have a high voltage supply (I used for calibrating photomultipliers) from Fluke, a 5kV supply with rotary switches all the way down to 0.1 volt steps and it was dead on. This kind of thing is not easy. "

    A separate post not a reply, even stole a quote; in hopes others follow Flukes example as well as an attaboy to Fluke.

  41. Don't count on people not to mistake these by damn_registrars · · Score: 1

    I remember reading not too long ago about a particular HVAC manifold that is used for testing systems in the field. The original one had a specific setup and specific color scheme, and was made in the USA. Eventually a Chinese company started to copy it down to the last detail (in some cases including copying the name and model number) but produced a vastly inferior product in the process.

    However because some people were acquiring these crappy copies believing them to be the real thing, sales of the original one plummeted. The company very nearly went out of business through no fault their own. Eventually they were able to find who was selling the bad copies and get them to stop doing so, which helped a lot but of course internationally the copyright laws are of quite nearly no significance.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  42. What an odd name by Anonymous Coward · · Score: 0

    I'm still somewhat puzzled that a company that praise their products as high-end precision devices is called "fluke"

  43. Re:Color function by chihowa · · Score: 2

    What about five years down the line when neither of them are in their retail packaging and all of the logos have worn off the cheapo imitation. Are you too dumb to use a meter when you pick this up off of a bench and trust that it can actually handle 600 V without bursting into flames?

    Without the SparkFun logo, anyone who has used a Fluke would look at the meter and say that it's a Fluke. This case has everything to do with trade dress:

    Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.

    --
    If you want a vision of the future, imagine a youtube comments section scrolling - forever.
  44. Fused leads = major safety FAIL. by Ellis+D.+Tripp · · Score: 1

    So if your probe fuse blows without you knowing it, and you go to check if that wire is live, you get a nice zero voltage reading, regardless of whether the circuit is dead or not. The potential consequences of this should be obvious.

    Input protection for the voltage/resistance ranges of a properly designed DMM consists of gas discharge tubes, MOVs, PTC thermistors, transorbs, etc. The internal fuses are for the current ranges ONLY, and need to be the HRC type for safety.

    Properly designed input protection is the FIRST place that the cheap DMM makers cut corners. The second is properly molded and sealed enclosures, to contain the shrapnel in case of a catastrophic failure. Both are required to achieve proper safety compliance for a Cat III or Cat IV meter, which is what you want for measuring mains voltage.

    A good illustration of what happens to cheap meters under high energy fault conditions is here:

    http://www.eevblog.com/2010/05...

    --
    Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
    1. Re:Fused leads = major safety FAIL. by beanMosheen · · Score: 1

      If you're not double checking your meter reading against a known live source before and after your test reading please stay out of a live panel. That's electrician 101. Plenty of "good" meters will get you killed if you're relying on it to think for you. The hold button has gotten many people in trouble for not following procedure as well. I agree with you on all of your other points though. Cheap meters should not go near mains voltage.

    2. Re:Fused leads = major safety FAIL. by Ellis+D.+Tripp · · Score: 1

      [quote]If you're not double checking your meter reading against a known live source before and after your test reading please stay out of a live panel. That's electrician 101.[/quote]

      Yes, as well as being an OSHA and NFPA 70E requirement.

      But you know as well as I do that it doesn't always happen. And that fused leads would greatly increase the risk of an accident in the real world.

      --
      Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
  45. not specific enough by Chirs · · Score: 1

    Look at Tiffany, they have trademarked a very specific shade of blue. But anyone can use other shades.

    The colours "yellow" and "dark grey" aren't very specific. When does something stop being yellow and start being orange or green? When does "dark grey" become "grey" or "charcoal"?

  46. Re:Nice recover by pipedwho · · Score: 2

    This doesn't completely make sense (although I also believe Fluke didn't actively initiate the action).

    How would the Customs/Border "Protection" guys know whether or not SparkFun had a license from Fluke? Someone at CBP must have suspected something, and made a few phone calls asking questions first. They can't (legally) just claim Trademark/dress infraction and block passage because some random employee had a feeling in his gut.

    They must have contacted someone (either SparkFun or Fluke) who said SparkFun didn't have permission and that the device was infringing. The CBP guy wouldn't have just pulled up the Trademark/dress filing and in his 'expert' capacity to interpret this decided to block the shipment without verifying the current ownership/licensee chain.

    If it was SparkFun that sent a poorly written response and got themselves into trouble, then so be it. But, it may have been Fluke answering a simple question without thinking about the final outcome of their action.

    Think of this like having the cops turn up at your door asking if you owned the car parked across your driveway, and you simply answer no and close the door. Then later that day your daughter's boyfriend complains that you had his car towed.

  47. Fluke showed restraint and class by Anonymous Coward · · Score: 0

    As usual, the comments show the troll-like atmosphere that typically surrounds any big guy vs little guy fight. Forget the facts, the poor underdog is being trampled.

    First of all, let's dissect things. It's obvious the casual viewer of the recent pair of stories has walked away thinking that Sparkfun was jobbed by Fluke. Sparkfun, IMO, has cleverly crafted the facts to make it appear they barely knew that Fluke existed before this and that this was the first time they had dealt in the cheap knockoff meter that was destroyed.

    A quick visit to Sparkfuns' sales thread on this particular meter will quickly prove that they have been trafficking this cheap knockoff for over 5 years! 5 years!!! Yet the remarks made by Sparkfun and others would leave one to believe that this was the first and only time they tried to sell this meter. This leads to a couple of conclusions. 1. Sparkfun has already made some serious cash selling this item for the past half decade.
    2. The fact that Sparkfun has been selling the unit for this five years or longer blows big holes in those who are spreading the dirt making Fluke out to be the big bad company that is closely watching for anyone trying to violate their trademark. In fact, unless you're somewhat of a dunce,this shows that Fluke isn't watching very closely at all and is indeed embarassed by the whole matter and is trying to show the community that they aren't the big bad bully. If they were the big bad bully, they certainly have the goods to play the part. Five years of violations would be good enough it would seem to put Sparkfun into the Sparkdead zone. Read on and you will understand why it would be easy for them to make a case. This isn't a trademark that slipped through the cracks.

    Let's digress to the whole trademark issue. Anyone that knows what a Fluke meter is about and what made/makes Fluke meters the choice of professionals, knows that the yellow rubberized case molded tightly over the actual meter is one reason, perhaps the main reason, that Fluke has earned a reputation for not only being accurate, but being accurate AND tough. That is why the yellow case over the meter is the subject of the trademark. It isn't all about colors. Go read the trademark. It states; "Color(s) Claimed: Color is not claimed as a feature of the mark." Hmm. Am I stupid, or does that mean the trademark is more than just the color?

    Furthermore, for those yelling and screaming about the injustice of it all, know this; AFAIK anyone can do an Ex Parte appeal at any time to challenge the trademark. In fact, if you read the entire history of this trademark, you would see that someone did file an appeal and they lost. Am I stupid, or does that indicate this trademark must have a little meat to it?

    Bottom line is that this isn't some obscure trademark that Fluke slipped by an unsuspecting world only because the USPTO is manned by dummies. It's been challenged and the trademark has been upheld.

    This Sparkfun meter was produced to look like a Fluke. It was produced to look like a Fluke for a reason. That reason was to enjoy the benefits of the fine reputation that Fluke enjoys because of the exceptional nature of their product. Pure and simple. And furthermore, with the literally hundreds of multimeters available to purchase in this price range, Sparkfun chose to import this meter for the same reason. To take advantage of Fluke's reputation as a manufacturer of quality goods. Alibaba has plenty of meters that don't imitate the Fluke. There is only one reason to choose this meter. Not the five or six reasons they gave. Only one reason. They know why and I know why. They can try to make it appear that they tested or tried the other meters. It's a big stretch for me to accept the one they chose just coincidentally imitates a Fluke in appearance and other items like the identical kickstand. Just a coincidence? Sure Sparkfun, sure.

    I don't really blame Sparkfun for anything as far as trying to sell a cheap imitation. It happens to companies all the time. What I bl

  48. Banned due to color by nurb432 · · Score: 2

    If this isn't a prime example of why IP laws need to be tossed into the garbage i don't know what is.

    Sure, its great Fluke stepped up the plate to help out, but this should have never been an issue in the first place. It's a *COLOR* ... geesh

    --
    ---- Booth was a patriot ----
  49. Fluke did too much good here by Anonymous Coward · · Score: 0

    Fluke is too kind. I've been buying from SparkFun over the past five years, out of necessity, and I continue to be disappointed by their buggy products and poor quality. What's most egregious is that only when enough customers complain about the faults of their products, then they take absolutely forever to confirm it, and even longer to fix them.

    I liked SparkFun at the start and could overlook the mistakes now and then, but they've been around long enough to make it clear that their workplace culture is "I don't care". That's why it's not surprising that in recent times they pretty much just copy other open source designs (many things from Adafruit) because it's cheap, easy money, and their poorly trained engineers get to do even less work than they did back when they were "innovating" on their own.

    I still need the odd breakout board or component from them, but I strongly advise people to buy from real distributors like Mouser and DigiKey, smaller guys like Jameco, and to support other places like Adafruit. SparkFun is just a dead end with lazy engineers making crap they could care less about. These days Adafruit turned into the kind of place I had hoped SparkFun would become.

    Fluke is protecting their reputation with this generous offering, but I really don't think SparkFun is worthy of it. At all.

  50. That's only 4 fluke meters right? by strangeattraction · · Score: 1

    That's only 4 flukes right:)

  51. Yes, crap meters can and do explode.... by Ellis+D.+Tripp · · Score: 1

    Compare what happens to multiple brands of cheap meters vs. a Fluke when intentionally whacked with high energy pulses:

    http://www.eevblog.com/2010/05...

    Notice that ALL the meters were damaged in this test. But the Fluke simply died gracefully, without exploding, catching fire, etc.

    --
    Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
  52. Better idea by Anonymous Coward · · Score: 0

    Don't destroy the meters - change trademark to require exacting pantone colors to within 1/1000th of a specified color, also require the entire pattern to be registered, not just a single color.

  53. Be More Critical by enter+to+exit · · Score: 1

    We're basing the idea that the multimeter was confiscated for being yellow from what was said in a sparkfun blog post. They have an incentive to down play the violation.

    Indeed, If you look at the actual USPTO filing it is clearly stated that "Color is not claimed as a feature of the mark."

    I've purchased some cheap multimeters that look a lot like flukes (The way the yellow cover is shaped, the font,spacing on the dial and the curves of the plastic).

  54. Details are important here! by Anonymous Coward · · Score: 0

    From the original article, it said, "a shipment of 2,000 multimeters was being barred from entry into the country."
    So SparkFun lost 2000 times whatever they pay for a multimeter. Since they sell them for $14.95, I'll guess $7.50, so they lost $15k worth of merchandise.
    From the original Slashdot article, it said, "At $15 per item, it'll cost Sparkfun $30,000, plus the $150/hr fee for destroying them.", so the destruction is an additional expense.

    Fluke donated $30k *worth* of multimeters. Fluke's least expensive multimeter is the model 87, which retails for almost $500. So it sounds like Fluke is donating around 60-70 multimeters. That doesn't seem like much, especially since they probably have them made for something like $10 apiece. Here is a link on Amazon: http://www.amazon.com/Fluke-FLUKE-87-V-Digital-Multimeter/dp/B0002YFD1K

    In Fluke's defense, the original Slashdot article said that the SparkFun multimeters are "yellowish orange", however the picture on SparkFun's site shows them in yellow, just like Fluke's. Here is the link: https://www.sparkfun.com/products/9141

    However, even though they both have a yellow rubber border, the SparkFun multimeters have a slightly different, flaring shape, and they big rotary switch in the center has many ranges on it, while Fluke's has a small number of ranges. Any fool could see that they are not easily confused by an EE.

    Fluke makes excellent equipment, but I don't use it because my needs are not exotic and their competitors charge less than 1/10th as much.

  55. Re:Good PR Move, what the F are talking about by Anonymous Coward · · Score: 0

    I think Sparkfun is out either way from what I understand. They're planning on giving the Fluke ones away...

    Sparkfun is out only because they CHOOSE to give stuff away. Don't cry for them, they're being made whole by the generosity of a large evil corporation, or at least that was the opinion most people had of Fluke yesterday. It's Fluke who is out either way. Either Fluke becomes this evil company that is simply trying to keep its trademark and a few people stop buying from them, or they hand out $30k and the same people who would buy from them anyway keep buying from them.

    And Fluke is out for support, too. Those people who get free Fluke meters from Sparcfun aren't going to call Sparcfun when they need help with the meter. They're going to call Fluke because Fluke's name is on them.

    I think that's a pretty sweet deal for Sparcfun. They violated a trademark and they're not suffering one bit from it. The company whose trademark they infringed is the one losing money.

    SO there's nothing wrong with moronic trademarks? And yes despite how stupid the trademark is, SparkFun did violate it. /. already had a story in which SparkFun said, we have no way of knowing, you would have to hire or contract a group of lawyers, and experts in trademark field, in order to sift through all the trademarks to avoid violating any. Stupid trademark a yellow f'in stripe, instead your companies name being done up in some design then being printed on the multimeter.

    The jest of the comments on /. --Fluke is poorly trying to save face--. All though I see others that are eating this crap up. SparkFun is out 30K, if Fluke wanted to save face they would have sent 30K in cash to SparkFun.

    I can't understand the stupidity behind companies, just come out and say your Trademark is stupid, and SparkFun didn't know, but the law is the law. Especially your going to insult another company by sending them YOUR multimeters that are either the cheap line, or a few in the mid price range.

  56. Good move. by Ihlosi · · Score: 1

    They averted bad publicity and raised awareness for the fact that customers need to pay attention that they really get a Fluke device when they want to buy one.

  57. Re:Color function by Anonymous Coward · · Score: 0

    if your're the bursar for a school (or any other person with financial control), and a physics/electronics teacher says 'I need to get a class set of fluke multimeters', you go and get a costing, think 'oh s****' and then see something that looks exactly less the same for 1/3 of the price, from a supposedly reputable supplier and order those instead, and some poor student ends up in hospital when the cheapo blows up because it was being used for something it was never capable of, well, that could be a big issue

    likewise, you join the school 5 years later, by which time all the silkscreened logos have come off, you look at it and think 'oh its a fluke, cool' and use it to check some mains (eg the usually 32/63a 3ph lines used to power dimming racks in the school theater) and it blows up and you get a zap, thats not good

  58. Miss my hardware days by Anonymous Coward · · Score: 0

    wow this thread brings good memories, when I used my fluke daily (I bought the holster also!). It's been a long time since I traded my daily use of flukes and tektronic scopes by the daily use of SQL Server, Python and more recently Powershell.