The long and the short of it

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Posted by Steve Eddy [ 66.81.85.159 ] on December 23, 2005 at 03:52:59:

I spent several hours today reading through the history of the whole L'Affaire Peerless and find myself not only mindboggled that it should have gone on for so long, but rather thoroughly disgusted with the whole mess.

Here is the long and the short of it.

First, the transformer design in question is not patented nor is it covered by trademark or copyright. To that end someone may obtain said transformer, take it apart to discover its design, and produce transformers using the same design.

While this is just plain sleazy and unethical (and I would hope no one of good conscience would ever patronize someone engaging in such a thing) it is not illegal.

However when someone making such a transformer uses the Peerless name in conjunction with selling said transformer it's a whole other ballgame. And I'll use Douglas' own words to illustrate this critical point.


First, this transformer is not a Peerless.

That is absolutely, positively, 100% correct.

And PRECISELY why using the Peerless name in conjunction with selling the other transformer not only violates the rights of whomever owns the Peerless trademark, but several consumer protection laws as well.

This extends to saying it is "based on" a Peerless transformer as it unfairly takes advantage of someone else's good name for the purpose of selling your own product.


That would require a Peerless/Altec blueprint.

That is absolutely, positively, 100% INcorrect.

Even if the transformer was made using a Peerless blueprint it would NOT be a Peerless transformer. What makes a Peerless transformer a Peerless transformer is its being MADE BY PEERLEES, or by whomever owns the trademark rights to the Peerless name, or by whomever that entity grants license to produce transformers using the Peerless name.

Otherwise, it's just some other transformer. A Heyboer transformer. Or an E-Linear transformer. Or a PakProtector transformer. Or whatever the fuck name you want to stick on it OTHER than Peerless.

se


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