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Wingnut Wings Lancaster to be released by Border Model


LSP_Kevin

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On 11/14/2021 at 2:22 PM, frothingillbellows said:

There can’t be no lawsuit at this stage because the models are not released yet and WW has to provide to a court evidence that their IP is being infringed. No court will stop sales on a mere allegation alone without evidence. That can’t be done until the kits and instructions are in the public domain. If there is any IP theft it would be most obvious in the instructions where details can be compared for infringements. Border have been careful to note that they had no WW documentation, plans, drawings or instructions when they obtained the molds and reversed engineered anything that could be IP related. It would be hard to prove that the IP infringement exists in the actual plastic parts as the molds and any imbedded IP had been abandoned by WW it appears and forfeited to the manufacturer. At this stage it’s just a bluff to scare off distributors and sellers. These are not the type of businesses that can afford the threat of expensive court cases. Whilst IP laws have been tightened up considerably in China, I imagine WW will have a hard time convincing their courts since they haven’t been allegedly paying their bills and acting in good faith. Border have indicated that their initial run is nearly sold out. I doubt any court can apply retrospective judgement on a distributor for buying and selling the kits in good faith before anything is proven. The judgement will be on the kit manufacturer if IP laws have been breached and that has to be in China. This is my opinion anyway.

 

Reminds me of cases where a book that has been published has proven to be fraudulent ( A biography or history with deliberate or misleading falsehoods or lies) but the publisher doesn’t pull it off the shelves because it’s a best seller- different circumstance but if the law cannot reach commercial interests prevail. 

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