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Arduino Dispute Reaches Out To Distributors

szczys writes Two companies are claiming ownership of the Arduino Trademark. The most recent development in this sad state of affairs is a letter from Arduino SRL to long-time Distributors of Arduino products. SRL is claiming they are the real Arduino, but there are some tasty tidbits including a Q/A section with some peculiar answers. From the article: "In short, Arduino LLC has been working on developing the Arduino platform, software, and community while Smart Projects / Arduino SRL was the major official producer of the hardware for most boards. Both are claiming to 'be' Arduino, and going after each other in court. So it’s not strange that Arduino SRL would like to try to keep its hold on the distribution channels."

21 of 92 comments (clear)

  1. Happy Birthday Arduino! by Half-pint+HAL · · Score: 5, Funny

    Arduino turned 11 yesterday, and like many children of that age, the celebrations were kind of interrupted by its divorced parents' continuing battle for custody....

    --
    Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
  2. Should be simple by kelemvor4 · · Score: 4, Informative
    From TFA:

    It turns out that Smart Projects had trademarked the Arduino brand in Italy in December 2008, before Arduino LLC got around to filing in April 2009 in the USA.

    So... what's to discuss. I don't think there's a law against being a complete asshole, so smart projects wins.

    1. Re:Should be simple by DamonHD · · Score: 2

      I think that there is a chance of justice being served in spite of the law here, since it seems fairly clear from the little that I have read that some deceit was going on.

      Rgds

      Damon

      --
      http://m.earth.org.uk/
    2. Re:Should be simple by amiga3D · · Score: 2

      Laws don't necessarily have anything to do with right on wrong. It's simply legal or illegal. For a long time slavery was perfectly legal in the US despite the rights or wrongs of it.

    3. Re:Should be simple by BarbaraHudson · · Score: 4, Informative

      Arduino SLR only filed for the US trademark in September of last year, and it hasn't been granted yet. Arduino LLC (Massachusetts) filed in 2009 and was granted the trademark in 2011. So in the US, Arduino SLR is infringing on Arduino LLC's trademark and their attempts to coerce distributors are tortious interference.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    4. Re:Should be simple by Half-pint+HAL · · Score: 5, Interesting

      From TFA:

      It turns out that Smart Projects had trademarked the Arduino brand in Italy in December 2008, before Arduino LLC got around to filing in April 2009 in the USA.

      So... what's to discuss. I don't think there's a law against being a complete asshole, so smart projects wins.

      You don't "trademark" things -- you register a trademark. Registration is not strictly necessary in most jurisdictions -- as long as you are actively using the branding, it is automatically considered your trademark. Order of registration only matters if you're talking about two commercial entities independently coming up with the same brand. Here we have two entities with an existing contractual relationship. Smart Projects therefore was not ignorant of the informal body that later became Arduino LLC. Who initiated the contract and who came up with the name? What did the original contract say about the name? Clearly the initial contracts were poorly drafted, or there would be a clear answer, and we wouldn't be having this conversation!!

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    5. Re:Should be simple by Anonymous Coward · · Score: 2, Informative

      The article also indicates that Arduino LLC trademarked the name in the U.S. in 2009, and that Smart Projects had been paying royalty fees to Arduino LLC until recently. Those additional facts seem to suggest that until recently, Smart Projects considered LLC to be a rightful holder of the trademark. Why did their theory change?

    6. Re:Should be simple by skovnymfe · · Score: 2

      Lawyers are the upper-class version of a street thug. You need someone taken out? Get a lawyer. Someone's got a beef with you? Get a lawyer. They are the worst kind of person in the world because their existence serves only to further their own existence. They are the cancer that is ruining your country. I'm not a doctor but even I can see that. What's worse is when a lawyer gets half a brain and starts going at it for himself. Then you have a politician. Lower down the ladder you have the people too dumb to be lawyers. They're called cops. So Cops Lawyers Politicians is what you have, and then all the people standing on the sideline cheering them on. I can't wait for your country to burst into flames.

    7. Re:Should be simple by mysidia · · Score: 2

      No... you are just taking Arduino LLC's side of it.

      Trademark rights derive from use, not the registration. It is similar to the manner in which a book you write is subject to copyright protection, whether or not you registered. A trademark registration is not the adjudication. Improper or unenforceable registrations sometimes happen, And sometimes enforceable marks may fail to have a registration, see Common Law Trademark rights.

      Or the holder of the trademark failed to have exclusive distinctive use before or after the registration in the field they claimed.

      The matters of infringement, and the possibility of tortious interference, are just legal claims that might be made, and would need to be shown based on the facts.

      If they were as clean-cut as you suggest, the 'dispute' would have been settled by now.

    8. Re:Should be simple by BarbaraHudson · · Score: 4, Informative

      The problem with that point of view is that Arduino SLR for years paid a royalty to Arduino LLC to use the name and logo. The Arduino SLR trademark was the equivalent of a "submarine patent" - one of the partners in the development of Arduino (who also did the manufacturing) filed a trademark application in his own name, before the group filed their trademark application, then waited years to pull this stunt, all the while paying a license fee so as not to tip his hand.

      He only did so because Arduino LLC was going to go to a supplier with a much lower cost, so he was going to lose his profits from manufacturing, which are significant because he's selling them at 4x the cost of clones.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    9. Re:Should be simple by Schmorgluck · · Score: 2

      I'll add to this that, contrary to patents and copyright, which are government-granted artificial monopolies intended to favor invention and creation (debating if the employed means efficiently promote the claimed ends is off-topic here), trademark rights core basis is accurate information to customers about what they buy/use, and where it comes from. This is why Mozilla denied Debian the right to use the brands "FireFox" and "ThunderBird" for the custom builds that went by default with the distro, because they had no say on the modifications (I vaguely heard an agreement was being worked on, but I've had no news of it for a while).

      Arduino is open-source hardware, its design covered under CC BY-SA 2.5. Which is actually a funny situation: the BY clause of Creative Commons imposes attribution. If the Schmuck Company sold Arduino-designed boards under the name Schmuckware, without referring to Arduino, it would infringe on the CC license. But now companies fight for the right to use Arduino as a brand. For the exclusive right to do so, in fact. Looks like something has been overlooked when Arduino has been made open-source: CC doesn't cover trademark issues.

      Honestly, I think Smart Projects has the best legal grounds for claiming the trademark but, legal matters aside, this situation is quite ridiculous. To stay in spirit with the fact that it was made open-source, and avoid those legal turmoils, an association enforcing the standard, and the trademark, should have been established from the very start. Something similar to the SD-Association for SD cards, maybe.

      --
      There's nothing like $HOME
  3. A Reash of SCO? by JBMcB · · Score: 3, Insightful

    Sounds like a rehash of the (failed) SCO argument. We licensed UNIX, we're the only "official" seller of UNIX, therefore we ARE UNIX.

    Didn't go so well for them.

    --
    My Other Computer Is A Data General Nova III.
    1. Re:A Reash of SCO? by mysidia · · Score: 2

      OK, then a clarification: Since they've lost nearly every motion and case that's been in front of a judge, it *hasn't been* going well for them.

      At this point, they ought to be debating over whether the original management of SCO get tried with 51 counts of criminal charges or 52 counts.

  4. Reminds me of Visicalc by Anonymous Coward · · Score: 5, Interesting

    After Visicalc, the first electronic spreadsheet, gave businessmen a reason to buy personal computers (specifically Apple II's), a nasty round of litigation ensued between the company that developed the software (Software Arts) and the company that productized the software (Visicorp, nee Personal Software). Both companies were dragged down as Mitch Kapor and Lotus Development came out with the hit product on the new IBM PC.

    The sage is now a staple of business school curricula on what not to do, I think.

    http://www.bricklin.com/history/saiend.htm

  5. Re:marketting by iamwahoo2 · · Score: 5, Insightful

    I think that it was more than just marketing. Prior to Arduino, it as hard to get started in working with microcontrollers. Almost every manufacturer focused their products on already trained engineers. Arduino, from the beginning was primarily targeted toward learning for beginners.
    1. Arduino was cheap
    2. Arduino did not require specialty hardware for programming
    3. The IDE was free, cross platform, and worked out of the box without any complicated set up.
    4. They focused on lots of accessible documentation and learning material.

    Now that Arduino has been successful, everybody else has jumped on the bandwagon and in many ways have developed superior ecosystems. But I credit Arduino for being the trailblazer. I have recently reallly been into MBED and Spark Core, but I doubt that those systems would exist as they are today had it not been for the creators of Arduino.

  6. Re: marketting by Spirilis · · Score: 3, Interesting

    Basically my perspective on this- Arduino LLC is delivering real value by developing the open-source IDE along with an API and the capability to provide 3rd party hardware support easily in their IDE. (Recent example: http://hackaday.com/2015/03/28/arduino-ide-support-for-the-esp8266/ )

    Folks might not like the IDE, but the API provides a nice platform for obtaining working code for interfacing with lots of hardware. Arduino LLC's work is partly defining and expanding that API & framework.

    Arduino SRL makes crappy hardware. Their market is now quite commoditized. I will be donating to Arduino LLC soon to make my point.

    --
    the real at&t mix
  7. RE: Raspberry Pi. Good riddance! by goombah99 · · Score: 2

    There are dozens of XYZ boards far more capable than Rasberry Pi .

    Man the whole point is that the arduino is a common platform for tinkers evrywhere. it's the libraries and community know how that make this fun. In some ways it's like the joy of stock car races where exceeding the imposed limits can be the fun of it. It's also really simple so it's something one person can truly master in their spare time. I'm addicted. I've had doofuses tell me about other development boards that are far superior for reans A,B, and C. Sure if I was building something just to be aproduct, But they aren't going to be any fun to goof with in general.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  8. Re:This is how you destroy your product. by thegarbz · · Score: 2

    The Arduino ecosystem relied on the strong contributions from everyone involved to reach the heights that it has. This kind of action by one of the corporations involved is just a way of telling us all that Arduino is no longer worth the trouble

    No the Arduino ecosystem relied in an initial push to get the ball rolling. The Arduino IDE is stable and open source piece of software. The Arduino hardware is commodity AVR microcontrollers and two sets of headers with funny spacing and a common pinout. If both Arduino SRL and Arduino LLC vapourised tomorrow it won't make a difference as the critical mass has already been reached. Providing the IDE remains available, providing the Arduino compatible boards, often knock-offs of the original ones, remain available (which they will), then people will keep designing for Arduino shields, and the platform will go on.

    So to go back to your statement: How does your time and money change as a result of what is happening by these two companies now? They aren't the sole source of the hardware, the software is open source, and the ecosystem is heavily propped up by after-market and other commercial products, and community forums. Why would the amount of "trouble" suddenly change to your value proposition?

  9. Re:Without the software, Arduino is not interestin by brantondaveperson · · Score: 2

    . But you can type in the few line example C program, and flash your first blinking LED program in a matter of minutes.

    You could do that with all the other ones too. TI's Launchpad, Freescale's KINETIS board, STM have their discovery boards. They all let you blink some LEDs in a matter of minutes - and the Arduino ones are the most expensive. I rather suspect that most people don't do much more than blink some LEDs anyway, since doing anything much more complicated than that with the Arduino "IDE" is an extremely painful exercise indeed.

  10. Re:Without the software, Arduino is not interestin by OrangeTide · · Score: 2

    I don't agree. I've used Code Red, Launchpad, and others. And the tools they give you pretend to be professional tools, and seem to have a steep learning curve. Especially with Code Red wanting to upsell to a better version. But most of these free IDEs are more like trial versions to me. Adruino's crippling was done to make the process of making little gizmos more accessible, most other tools are crippling so they don't cut into other markets.

    That said, I never really was much of a fan of Arduino because I don't have much use for AVR. This is me finally admitting that Adruino was pretty good, and that I may have been a little stubborn to have resisted it all these years.

    --
    “Common sense is not so common.” — Voltaire
  11. Re:Without the software, Arduino is not interestin by thegarbz · · Score: 3, Insightful

    No, it's the entire environment that does that. The point of the Arduino is that any idiot can grab %insert Arduino model here% and attach %insert shield here%, go and download %insert library here% and then plug it all in and turn it on.

    I have friends who have never programmed before using Arduinos for all sorts of neat things, controlling lights via PWM, monitoring environments etc. None of them would have achieved what they have if they had to dig through datasheets, understand the differences between voltages, signals, figure out how to communicate via I2S, or god forbid solder something (I'm sure most of them would have grabbed the iron like a pencil).

    Arduino exists as it does because of all the little conveniences it provides.