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Brompton wins copyright case against Chedech in Belgian court

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Brompton wins copyright case against Chedech in Belgian court

Old 07-26-20, 09:30 PM
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Brompton wins copyright case against Chedech in Belgian court

https://cyclingindustry.news/brompton-wins-out-in-copyright-case-against-get2get/

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https://www.bike-eu.com/laws-regulat...-case-10138237

https://www.natlawreview.com/article...ght-protection
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Old 07-27-20, 06:32 AM
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beautifull!
next will be dahon curl?
3sisty?
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Old 07-27-20, 06:52 AM
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Originally Posted by BromptonINrio View Post
next will be dahon curl?
Brompton lost that one.

Brompton drops lawsuit against Dahon
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Old 07-27-20, 02:09 PM
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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.
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Old 07-27-20, 02:40 PM
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Lots of EU stuff is in Brussels, World Criminal Court is in Den Haag NL (the Hague)
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Old 07-27-20, 03:35 PM
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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.

Last edited by tcs; 07-27-20 at 03:38 PM.
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Old 07-27-20, 06:13 PM
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lol, thats interesting subject.
beein an intelectual property lawyer must be a very creative job.

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Old 07-27-20, 10:10 PM
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There goes your Carbon fiber knock off ..
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Old 07-27-20, 10:16 PM
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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?

Last edited by tcs; 07-28-20 at 03:04 PM.
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Old 07-28-20, 02:56 AM
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Originally Posted by fietsbob View Post
Lots of EU stuff is in Brussels, World Criminal Court is in Den Haag NL (the Hague)
If I understand well, the case was started in Belgium in a Belgian court.

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.
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Old 07-28-20, 03:01 PM
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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.
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