Brompton wins copyright case against Chedech in Belgian court
07-26-20, 09:30 PM
#1
Palmer
Thread Starter
Join Date: Mar 2007
Location: Parts Unknown
Posts: 8,611
Bikes: Mike Melton custom, Alex Moulton AM, Dahon Curl
Mentioned: 37 Post(s)
Tagged: 0 Thread(s)
Quoted: 1661 Post(s)
Liked 1,814 Times
in
1,054 Posts
Brompton wins copyright case against Chedech in Belgian court
Likes For tcs:
07-27-20, 06:32 AM
#2
Stardust
beautifull!
next will be dahon curl?
3sisty?
next will be dahon curl?
3sisty?
07-27-20, 06:52 AM
#3
Full Member
Likes For Kabuto:
07-27-20, 02:09 PM
#4
Senior Member
Join Date: Feb 2017
Posts: 1,543
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 800 Post(s)
Likes: 0
Liked 247 Times
in
211 Posts
Its not a Belgian court decision because the case was escalated to the Court of Justice of the European Union, so its now an European Union decision.
07-27-20, 03:35 PM
#6
Palmer
Thread Starter
Join Date: Mar 2007
Location: Parts Unknown
Posts: 8,611
Bikes: Mike Melton custom, Alex Moulton AM, Dahon Curl
Mentioned: 37 Post(s)
Tagged: 0 Thread(s)
Quoted: 1661 Post(s)
Liked 1,814 Times
in
1,054 Posts
This is a copyright case. Copyrights protect "original works of authorship, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies and songs. Copyrights informs others that you (as the author) intend to control the production, distribution, display or performance of your work".
The Chedech is basically a Brompton in carbon fiber. Get2Get, the parent company behind the Chedech, argued that the specific form and arrangement expressed in the Brompton bike's tubing was essential to the functional result, and therefore the expired patent ruled and copyright would not apply. I suspect Brompton's lawyers used the Dahon Curl* as an example, illustrating the end result could be arrived at with a different form and arrangement of tubing. The court agreed with Brompton, ruling that Mr. Ritchey expressed himself artistically with that specific form and arrangement of tubing.
*EU courts ruled in September 2017 that the Dahon Curl is a separate and distinct article and does not impinge on any of Brompton's intellectual property.
The Chedech is basically a Brompton in carbon fiber. Get2Get, the parent company behind the Chedech, argued that the specific form and arrangement expressed in the Brompton bike's tubing was essential to the functional result, and therefore the expired patent ruled and copyright would not apply. I suspect Brompton's lawyers used the Dahon Curl* as an example, illustrating the end result could be arrived at with a different form and arrangement of tubing. The court agreed with Brompton, ruling that Mr. Ritchey expressed himself artistically with that specific form and arrangement of tubing.
*EU courts ruled in September 2017 that the Dahon Curl is a separate and distinct article and does not impinge on any of Brompton's intellectual property.
Last edited by tcs; 07-27-20 at 03:38 PM.
07-27-20, 06:13 PM
#7
Stardust
lol, thats interesting subject.
beein an intelectual property lawyer must be a very creative job.
beein an intelectual property lawyer must be a very creative job.
Last edited by BromptonINrio; 07-29-20 at 05:13 AM.
07-27-20, 10:16 PM
#9
Palmer
Thread Starter
Join Date: Mar 2007
Location: Parts Unknown
Posts: 8,611
Bikes: Mike Melton custom, Alex Moulton AM, Dahon Curl
Mentioned: 37 Post(s)
Tagged: 0 Thread(s)
Quoted: 1661 Post(s)
Liked 1,814 Times
in
1,054 Posts
In the USA this concept of the intellectual property of artistic expression in design, non-critical to function, would be covered by a Design Patent (and that's different from a Utility Patent on operation or function).
This EU ruling would seemingly apply to attempts to market in the EU the 3Sixty, B-Bike, Cigna, Element Pikes, Fova, Groo M3, Jcat, Kreuz, La Bici, MIT, Neo, Pico, Sanye, United, Viking X and any other bikes that appear to be direct copies of the Brompton.
A folding bike like this should be okay:
I wonder if we'll see a Chedech 2.0 for the EU market?
This EU ruling would seemingly apply to attempts to market in the EU the 3Sixty, B-Bike, Cigna, Element Pikes, Fova, Groo M3, Jcat, Kreuz, La Bici, MIT, Neo, Pico, Sanye, United, Viking X and any other bikes that appear to be direct copies of the Brompton.
A folding bike like this should be okay:
I wonder if we'll see a Chedech 2.0 for the EU market?
Last edited by tcs; 07-28-20 at 03:04 PM.
07-28-20, 02:56 AM
#10
Senior Member
Join Date: Feb 2017
Posts: 1,543
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 800 Post(s)
Likes: 0
Liked 247 Times
in
211 Posts
But this court said it was unable to decide and the case was escalated to the Court of Justice of the European Union, so it eventually became an European judgment.
07-28-20, 03:01 PM
#11
Palmer
Thread Starter
Join Date: Mar 2007
Location: Parts Unknown
Posts: 8,611
Bikes: Mike Melton custom, Alex Moulton AM, Dahon Curl
Mentioned: 37 Post(s)
Tagged: 0 Thread(s)
Quoted: 1661 Post(s)
Liked 1,814 Times
in
1,054 Posts
Hmm. It seems like this ruling would also apply to Brompton-clone titanium frames and non-factory titanium rear triangles and handleposts offered for sale in the EU.
