Maglite responce

Just got back from holiday and found this in my inbox. It's a reply to an email I sent maglite quite a while ago, expressing my opinions on their treatment of ARC.
What's really annoying is that even though I mentioned that I would never buy their products again, they still included a pdf of their catalogue and an order form!

[ QUOTE ]


Dear Consumer:

Thank you for your feedback. You should know that for over twenty years Mag Instrument has been beset all over the world by copiers and infringers of its intellectual property rights. Almost all of the infringing copies are manufactured outside the United States with the use of cheap foreign labor. Mag Instrument is proud to be a United States manufacturer employing hundreds of Americans and the very existence of Mag Instrument depends on the protection of its intellectual property rights.

ARC Flashlights is another one of these copiers and infringers of Mag Instrument's intellectual property rights. It chose to copy the unique shape, style and overall appearance of Mag Instrument's Solitaire® flashlight and use Mag Instrument's Registered Circumferential Inscription trademark for no other reason than to trade upon the goodwill of Mag Instrument. Instead of simply changing its flashlight to make it unlike Mag Instrument's Solitaire® flashlight, ARC Flashlights has initiated an email campaign in an attempt to deter Mag Instrument from protecting its intellectual property rights. However, if such infringing conduct is not challenged, it will ultimately result in a loss of jobs for Mag Instrument's American employees. This country was built on the development and protection of intellectual property rights and not by copiers. Even though protecting its intellectual property rights is an enormous expense, Mag Instrument will continue to do so and it will prevail as it always has in the past.

Sincerely,
Customer Service



[/ QUOTE ]

Incidentally, I'm not sure on the legal aspects of this so if you whish to close this thread Peter, please feel free to do so. (the pdf catalogue has been deleted!!!)

Notice their appeal to your patriotism - to distract you from the real issues. Most telling is the line "the very existence of Mag Instrument depends on the protection of its intellectual property rights." In other words, their business model has completely eliminated innovation as a way to generate revenue. They only exist due to an artificial monopoly granted by the government. This means they are keeping prices artificially high, which ultimately hurts more Americans than the small number they employ.

Stupid logic about losing American jobs if Arc prevails. I guess Peter employes non-American works?

>>>
"This country was built on the development and protection of intellectual property rights and not by copiers."
>>>

That has to be my favorite line out of the whole mess.
Even if those are the points they are trying to make with thier reader, you would think they could find a better way to express them than to dive into what is essentially name calling. The whole thing reads like it was written by a twelve year old.

"...It chose to copy the unique shape, style and overall appearance of Mag Instrument's Solitaire® flashlight and use Mag Instrument's Registered Circumferential Inscription trademark for no other reason than to trade upon the goodwill of Mag Instrument..."

Right... since when is a cylinder an unique shape or style? Should Mag go after the makers of all those AAA batteries that just happen to have a similar but slightly smaller form factor? And we all know that there are essentially two directions in which labeling can be applied. Unfortunately we all pay for this misappropiation of time & resources.

And that's why I pitched all my Mag lights.

Well, I did keep my Mag Charger but I'm gonna scratch off the name!

Eh, since I've started down the flashaholic path I'm not heading back to junk flashlights.

I notice Peter has declined to comment, and really that is for the best. When you're struggling to make money, just spent $40k on lawyer bills or whatnot, and are trying to get some R&D done for the LS4 & LS5 lights I'd hate to provoke them further myself.

Golden rule folks, he who has the gold, makes the rules. They win, Peter basically loses. Welcome to American capitolism. If you can't beat 'em, sue 'em.

Peter is on vacation til Monday.

I just got a M@glite, though it arrived via Hawaii, so that it could be made more useful......

SpaceNeedle rocks!!

PEter

PS I would get an ARC if the wallet still had money in it.

I got maglite response in email same exactly what you got from them.

i also got the same response.

now ... this would mean they evaluated the current situation and are taking the e-mail offenses into account and may try to use them to their advantage.not good. we're being watched and used.
bernhard

So, they think Arc copied their design, a CYLINDER!? Jeez, there musta been a ton of research and development money that went into inventing the cylinder. I didn't realize the company was that old. They must make a lot of money on the royalties that battery makers pay to them for this idea.

And, Circumferential Inscription? Hmmmm... now, I can understand what they are mad about. It was pure genious to inscribe letters going around their cylinder invention.

I'm just wondering who owns the rights to print along the length of a cylindrical object. Despite the attractiveness of circumferential lettering, I think that longitudinal lettering will remain more popular.

I wonder if Mag owns the rights to black?

Where should I begin? ...

> ARC Flashlights is another one of these copiers and > >infringers

How can something be a cheap copy if it's more expensive, uses a newer/different technology, and is clearly better?


> Almost all of the infringing copies are manufactured >outside the United States with the use of cheap foreign >labor

I thought Arcs were US made?

It's clear that Mag is determined not to let the facts stand in the way of their arguments.

Christopher

Re: Where should I begin? ...

Peter is on vacation, and it is his forum. Until I know the determination of the previous thread dealing with the same response, or until Peter returns to do with as he chooses, it's locked, and may end up deleted entirely. Please don't start another of the same nature.