fluke, you make neat stuff, but really you r killing sparkfun

[c4757p]

This is a nonsensical trademark though. Its a trademark used to bully smaller companies.

Complete non-sequitur. What - only smaller companies would want to use the same color scheme as Fluke? They'd have a cow if Agilent did it too. Perhaps even more so.

Fluke was by no means the first company to release test equipment with a yellow border and contrasting colors and isn't the only company to do so. Imagine if cars worked this way. Ford owns blue, chevy red, honda yellow, hyundai black, bmw white, etc, etc.

They do work this way. I promise you that specific patterns in the designs are indeed trademarked. Why does it become nonsensical when part of that design pattern is a color?

[rollatorwieltje]

would be fun if the same thing happened to Flukes red 28ex, as it might harm the Uni-T brand

[electronics man]

The existence of a large number of look-alike knockoffs can certainly hurt the perception of Fluke as a brand.

no, people are not going to confuse it whith a fluke it doesnt say fluke so it wont hurt the brand

[Russ.Dill@gmail.com]

Complete non-sequitur. What - only smaller companies would want to use the same color scheme as Fluke? They'd have a cow if Agilent did it too. Perhaps even more so.

DeWalt uses it on all their measurement equipment.

They do work this way. I promise you that specific patterns in the designs are indeed trademarked. Why does it become nonsensical when part of that design pattern is a color?

Because a color is too generic. At what point did Fluke decide that other companies had to *stop* using yellow? As a company, can I also arbitrarily decide that all other companies change their products to stop using a popular generic color? What's to stop Fluke from claiming additional colors? How many colors are they allowed to claim?

[c4757p]

I didn't say anyone would confuse it with a Fluke, did I?

Would you go off and read the link I posted, please?

Trademark dilution.

[IanB]

AndyC has made the point above that I was about to make.

Why is everyone complaining about Fluke here? Fluke has no part in this. Lawsuits? What lawsuits?

Wake up people, and smell the coffee!

This is not Fluke, this is the Department of Homeland Security. This is an agency of the US government. An agency that can act outside the courts and without arbitration. If they decide to block an import, they can. And they do. Often.

If you want to complain, don't blame Fluke. Blame your government! Blame an agency that can act on any flimsy and poorly understood pretext, without a court order, and with little scope for appeal if you don't like their decision (by which time your appeal will be too late anyway).

I find it amazing how people can have their attention misdirected like this. No wonder the government can get away with so much, when people don't even notice what is going on.

[Noise Floor]

I don't think this is a common problem, probably just a fluke.

[free_electron]

Trademark dilution is indeed the problem

You try bringing a product to market in a nice bright red can and using a flowing font, in white letters call it 'colicky colon'. see what will happen

[andyturk]

Here is something interesting. The Trademark has expired !!

Fluke renewed it a year ago:

http://trademarks.justia.com/759/34/n-a-75934005.html

[linux-works]

Wake up people, and smell the coffee!

damn!  I thought I turned that burner off.   (uhhh, I'll be right back.)

I find it amazing how people can have their attention misdirected like this. No wonder the government can get away with so much, when people don't even notice what is going on.

we notice it.  but we're powerless to fight city hall.

[amyk]

Really reminds me of Apple vs Samsung... "any vaguely rectangular smartphone with a touchscreen is ours!"

[Russ.Dill@gmail.com]

I'm very thankful that in fashion, the law is very clear and this this is not an issue. Too bad the laws governing shapes, colors, and styles of the devices we use that to many are a fashion statement aren't the same.

[EEVblog]

You do realise that Fluke hasn't actively done anything at all in this case, right?
They own a trademark, and the relevant authorities have done their job enforcing it. That's all.

Not so, it's ALL Fluke's doing. Read the 162 page document from the International Trade Commission.
http://www.usitc.gov/publications/337/pub4210.pdf
Fluke very purposely got this filed to stop the importation fo a dozen brands of multimeters with the "Fluke look"
The authorities don't go around checking and enforcing trademarks without Fluke deliberately applying for and being granted this ruling.
In fact, given that Sparkfun have been selling this meter for years, it is very likely that it has appeared on the Fluke/Danaher radar, and they have complained.

[EEVblog]

Because a color is too generic. At what point did Fluke decide that other companies had to *stop* using yellow?

Around 2000 when they applied for the trademark. Companies had been selling yellow meters for almost 2 decades before that.

[EEVblog]

Complete non-sequitur. What - only smaller companies would want to use the same color scheme as Fluke? They'd have a cow if Agilent did it too. Perhaps even more so.

Fluke threatened to sue Tektronix (before they were one and the same) for the exact same thing, a yellow holstered Tek mulitmeter. Fluke either won, or Tek backed down, because they changed their case from yellow to blue.

[Tinkerer]

This brings up a good point. At what point is it not ok to trademark a color? What if a company decides they want to trademark blue, green, red, orange, etc etc to block competition. They could say 'look, fluke got one for their yellow' and thats a precedent they can use.
I think if someone truely wanted to fight it, they could get that color trademark stuck down. Not saying it would be easy, or cheap, but I think it would be possible.

[tszaboo]

If I would be sparkfun guy, I would donate the multimeters to EE university workshops, and students around the globe. It would be the perfect advertisement. If the DMMs are safe.

[sleemanj]

This brings up a good point. At what point is it not ok to trademark a color?

Never.

logo, sure.  some unique design physical, maybe.  colour, no, never.

These seized meters could never be confused for a fluke, they are not passing off as a fluke, they are not counterfeit, no matter if they are just the right shade of yellow or not.

Customs/DHS should be having no part of this.  And Fluke should hand their head in shame. 

As Dave says, this is their doing by petitioning for enforcement over a number of meters that simply could never be mistaken for a fluke - which is what a trademark is supposed to do, prevent one product being passed off as another.

[deth502]

Copyright? The rules are different for different types of IP, please try to get them straight first.

Your opinion will seem more believable if it's informed.

blah, blah, blah. 6 of one, half dozen of the other. the point remains regardless of the nomenclature.

[ehughes]

I just sent them this via email and on their Facebook page.

Wes Pringle, President; Paul Heydron, Director of Engineering and Leah Friberg, Public Affairs Manager

'wes.pringle@fluke.com'; 'paul.heydron@fluke.com'; 'leah.friberg@fluke.com'

Dear Mr. Pringle, Mr. Heydron and Ms. Friberg,

Please see Sparkfun’s blog posting here: https://www.sparkfun.com/news/1428 if you haven’t seen it already.
I hope that you do the right thing here.     No one would confuse this product  with a meter that costs  an order of magnitude more.    By be a part of the this problem, you are inhibiting people on smaller budgets from developing lifelong love of electronics.  I personally own a Fluke 179 and use it almost daily.  I also have purchased several for my day job and so do my many engineering colleagues.    No one confuses your products with what Sparkfun is selling.   People understand that these are cheap starter meters, not a genuine Fluke product.     Trademarking a yellow bordered dark grey rectangle is simply ridiculous and I hope you reconsider your position by helping Sparkfun with this issue.

Sincerely,
Eli Hughes

[Corporate666]

Copyright? The rules are different for different types of IP, please try to get them straight first.

Your opinion will seem more believable if it's informed.

blah, blah, blah. 6 of one, half dozen of the other. the point remains regardless of the nomenclature.

But his point is right - it's not about whether someone would see these cheap import meters and actually think it's a Fluke, it's about dilution of the mark.  Yellow/gray housings on handheld meters are a trademark of Fluke... people see that and think of Fluke.  The Chinese making meters in the same style are doing it because it's a mark of quality handheld measurement tools.  They know precisely what they are doing.

The reason, IMO, some people feel this is heavy handedness by Fluke or the US Gov't is actually indicative of the problem.  It's not like everyone was making yellow/gray meters and Fluke came along and trademarked it, stopping everyone else.  Rather, Fluke came along and were the first ones to do it and made it into a strong brand - and that is why everyone else stated to do it.

[Corporate666]

You do realise that Fluke hasn't actively done anything at all in this case, right?
They own a trademark, and the relevant authorities have done their job enforcing it. That's all.

Not so, it's ALL Fluke's doing. Read the 162 page document from the International Trade Commission.
http://www.usitc.gov/publications/337/pub4210.pdf
Fluke very purposely got this filed to stop the importation fo a dozen brands of multimeters with the "Fluke look"
The authorities don't go around checking and enforcing trademarks without Fluke deliberately applying for and being granted this ruling.
In fact, given that Sparkfun have been selling this meter for years, it is very likely that it has appeared on the Fluke/Danaher radar, and they have complained.

But people are acting like Fluke can just call CBP and CBP will release the meters to Sparkfun - it doesn't work like that.  With trademarks, they must be kept active and in-use to be valid.  But you do not need to be the first one to ever use it, just make it enough of your brand to be trademark-able.  So the fact that others made yellow/gray meters before doesn't make a difference.  Fluke got that trademark on yellow/gray handheld multimeters in the USA based on the market and their business at that time.  If it is not valid, then it can be challenged in court.  But I don't believe anyone else standardized on yellow/gray and made it part of their brand such that they would have any grounds to challenge Fluke's trademark.

People complaining to Fluke are totally barking up the wrong tree.  There is nothing Fluke can do, nor should they.  They worked hard for that trademark, and if they willfully do not protect it, they lose it by definition.

[han]

For revenge idea.. give the $15 DMM label "FLAKE" and sell it to another country 

[Russ.Dill@gmail.com]

People complaining to Fluke are totally barking up the wrong tree.  There is nothing Fluke can do, nor should they.  They worked hard for that trademark, and if they willfully do not protect it, they lose it by definition.

I kind of agree and disagree at the same time. It isn't Flukes fault that the system can be abused in such a way. If the potential to do this within the system exists and they don't take advantage of it, someone else will. Once in place, its a legal battle that no one else in the marketplace is willing to fight, Fluke has deep pockets and changing the color of your product is easier than trying to fight the trademark. Perhaps by not trademarking it and enforcing that trademark, they risk some other company getting the trademark and limiting what Fluke can sell.

Of course, on the other hand, just because the law allows you to do something, doesn't make it the right thing to do. Seems like a really odd thing to restrict, if people want their computer a specific color, its no problem to buy that color. If people want their TV a specific color, no problem. Car? No problem. Computer mouse? No problem. Cell phone? No problem. But then you shop for multimeters and all of the sudden manufacturers are limited in what color choices they can offer you.

[synapsis]

My local electronics store has had a shopping cart overflowing with these meters for years. If the color was that important, shouldn't it have been brought up way before now?