ATK sued?

Message

cannondale27 · #1 Post by **cannondale27** » Sun Sep 21, 2003 11:07 pm

I heard that Dinly had a cease and decist order put on ATK over the cannondale order.Is this true?What effect will it have.

Psychosis · #2 Post by **Psychosis** » Sun Sep 21, 2003 11:29 pm

Where'd you see this at? Haven't heard it myself.

cannondale27 · #3 Post by **cannondale27** » Sun Sep 21, 2003 11:33 pm

I heard it from a ATK dealer.He seemed to think that it wouldnt stop Frank White.He thought Dinly got ripped off from pegasus and maybe was a bit ticked about whole matter.

thomez · #4 Post by **thomez** » Sun Sep 21, 2003 11:40 pm

I was sure something like that was in the works when the Dinli rep was so sure that ATK only had the parts and after they ran out they were out of this whole game. He obviously doesn't think that ATK has the legal ability to produce these quads or bikes. If this turns out to be true, we shouldn't be suprised. Just my .02

cannondale27 · #5 Post by **cannondale27** » Sun Sep 21, 2003 11:53 pm

Yes I am no patent lawyer but really the minute cannondale released the quad they actually did own the rights to everything on it.Dont actually need a patent till someone copies it.Ever hear about if you get a idea to draw it out and send it through the mail for the post date?Offers some rights if you can prove you had idea first.

wyndzer · #6 Post by **wyndzer** » Mon Sep 22, 2003 12:32 am

I heard that Cannondale never patented the quads, just the dirtbike, may be just rumor, but that's the grapevine for ya.

oldsandman · #7 Post by **oldsandman** » Mon Sep 22, 2003 1:15 am

I may be wrong but I think we are confusing patents and "intellectual property". The pegasus-dinli statement is clear on this.

QUOTE

Dinli is now the sole owner of the intellectual property for use on a worldwide basis.

That is what dinli will hang their hat on. Whether a judge will accept this argument who knows.

I know in the marine industry it was a common practice to "splash" a hull i.e. take another mnfr's hull build a mold from it. Make some small changes and put it into production as your own hull. Their was a 10% change law that was enforced but was easily built around by slightly changing demisions and contours of the hull. I honestly don't know if or how it would apply to quads.

I'm sure if you were making identical clones legal action would be taken by dinli. If the clone were powered with a different motor and different components then it would be harder to argue the point.

In the automobile industry look at the AC Shelby Cobras and all the knock-offs. Carroll Shelby has been trying to put an end to that cottage industry for years. It seems a simillar argument, a vehicle out of production being reproduced by other mnfrs.

I don't know if or how you would claim that a quad is your intellectual property. I mean when it all comes down too it they all are pretty similiar: 4 wheels, a-arms, s-arm, frame...The intellectual property would be the complete package and methods of mnfring.

Then again I may be all wrong....

Frank White · #8 Post by **Frank White** » Mon Sep 22, 2003 2:49 am

From Frank White ATK Motorcycles:

There is no truth about being sued or there is no current pending legal action between ATK and Dinli.

I have also NOT had a discussion about Dinli or IP with an ATK Dealer. People in this business like to talk.

For your information I have NO problems with Dinli. I have seen their products at a variety of trade shows and they actually look quite good.

I have had NO dialoge with anyone from Dinli. They do have my E-mail address however.

Dinli purchased the IP and we purchased the Parts from Cannondale...

We purchased 480 Tons of Parts from Cannondale. I have the freight tickets to prove this.

I had someone in Sales show me Dinli's website and they look like they have a very good business. I have also talked with some Magazine Trade Editors and they say they are a good company as well.

We have been in two complete different markets and have not focused on their brand. I have know knowledge of anything they intend to build in the future.

We are just a small American Owned Company who produces Race Ready Products for nearly 20 years who stays focused on this market.

I hope this answers some questions.

Thanks

Frank White
ATK Motorcycles

oldsandman · #9 Post by **oldsandman** » Mon Sep 22, 2003 2:53 am

That is good news! Keep the lawyers out! Hopefully all will get along and profit from their buissness' continued success.

cannondale27 · #10 Post by **cannondale27** » Mon Sep 22, 2003 11:47 am

Great news!I am happy to be wrong about this one.Sorry if it caused you any hardfeelings.This whole thing is just so messed up.Yea people do talk.