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I'm gonna guess that there's no trademark because you're not branding it as a GM part, you're branding it as an AC delco part; and so it's down to whether or not the part is patented. And secondarily, the OEM actually benefits from there being aftermarket parts availability for their vehicles, so they have little interest in going after companies making parts. Many of those companies also directly supply the major carmakers.
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Dec 15, 2022 19:29
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honda whisperer posted:Blacksmithing thread was talking about making car parts. The two avenues I can think of by which a factory would be prevented from selling identical parts are intellectual property and contract. Intellectual property protection for a functional car part design would have to be patent or trade secret, as neither trademark nor copyright apply. To be eligible for a patent these days, a car part would probably have to be pretty different from anything else out there, given that it's a well established field and there's so much that's already been done. For a trade secret, it would probably have to be something not readily apparent from just inspecting the finished object, like some secret method of tempering the metal or something. The actual shape and material of the object would be clear to someone looking at it, so that's not really a trade secret. Otherwise, that just leaves contract -- i.e., the car manufacturer putting a term in their contract with the part supplier that they won't go out and sell parts to the public. I have no idea whether such terms are common in that industry. But if they didn't agree to that in their contract, then I guess they'd be free to do so. Edit: I got lepersniped Muir fucked around with this message at 19:34 on Dec 15, 2022 |
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Dec 15, 2022 19:30
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honda whisperer posted:Blacksmithing thread was talking about making car parts. The primary mechanism auto mfrs use to go after aftermarket suppliers is design patents; because of the way novelty/obviousness is interpreted for designs, it’s not very hard to patent (the look of) seemingly obvious and functional things. Now, minor tweaks can get you out of a design patent’s scope… but you can’t really tweak most car parts if you want them to fit. The real answer for why they can do it without getting in trouble is “it’s not worth going after them”.
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Dec 15, 2022 19:38
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Basically none of the major automakers are in the business of making and selling car parts. They want to make and sell cars. There's exceptions, you can get a factory LS1 engine directly from GM for example, but mostly making and selling parts is a low margin business vs. making and selling whole new cars (or financing, which is also lol profitable). If you buy a part over the parts counter at the dealer, most of the time they're selling an "official OEM" part that is made by some third party anyway, it's just rebranded, and you have warranty support. But you pay through the nose. Some parts are only available that way, especially stuff like trim that is very make/model/year specific. Wherever a part is common to several vehicles - and carmakers want this as much as possible to keep their own costs down - you can almost definitely get a third party part, and usually from more than one manufacturer. That's where competition drives costs down but also you may find subtle differences between supposedly compatible parts, because they're clones reverse-engineered from the OEM part. Many of these there's no whiff of patent, like a brake rotor is basically the same thing on any car. Some have areas where they could be innovative, like a water pump that is 1% more efficient due to a patented dynamic flow design... and in this case, what you are buying over the counter may or may not have that innovation, may or may not have licensed the patent from whoever owns it, and probably the automaker doesn't really care that Dorman is going to sell 1500 water pumps for Avalanches that technically infringe on their water pump patent. What they care about is that a rival automaker totally can't use that part in a new car without licensing it from them, and that's where the litigation is more likely to be focused. I'd guess there's exceptions to all of the above and I assume any of the lawyers here could easily find cases where someone got sued. But as a long-time AI poster and person who has worked on his own vehicles since the early aughts, this is clearly how things work in the parts business.
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Dec 15, 2022 19:50
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Canine Blues Arooo posted:I'm not a lawyer. Also not a lawyer, but $20k is a lot and the bank isn't probably terribly willing to let it go. Once they get a judgement, which it sounds like will be fairly easy, they own OP's rear end until they pay it off or file bankruptcy. For that amount of money, they will likely put some effort in to pursuing garnishments or asset seizure. Might be able to fight service maybe, but not without a lawyer, and it'll only delay the inevitable court case anyhow. A lawyer would go a long way towards negotiating the debt down, but if the CC is allowed to tack on legal fees to the judgement then OP might not have a terribly strong position. Talking to a lawyer would at least give OP an idea of what sort of chance they have at this. honda whisperer posted:Blacksmithing thread was talking about making car parts. The term is called "private labeling" and it happens everywhere in all industries. At least, in your example, Denso makes the part, Ford/GM/etc. private label it as Ford Genuine OEM Replacement Parts and sell it for a shitload of money out of the dealership. Spare parts is lucrative in any industry, but that's not the auto manufacturer's main revenue stream so they probably don't give two shits. They could almost certainly contractually prevent Denso/etc. from selling aftermarket, but it would likely increase the cost of the part, which is not how you move vehicles off the lot. The price that Ford buys the part from Denso is assuming that Denso is allowed to sell aftermarket. If Ford wants exclusivity, they're going to pay more per unit. The R&D/tooling/etc. costs that Denso incurs stays the same, so the money has to come from somewhere. There's very few parts that the manufacturers actually design/build (or have custom-made per vehicle) and is going to be limited to the major components. For most of the widgets on a car, they might spec something out from the suppliers, but particularly mass market manufacturers are going to use as close to off-the-shelf as they can, and they're going to try to use it on as many vehicles as they can, in order to leverage volume purchasing power. So in reality this isn't Ford's part, it's Denso's part that Ford uses. Fit/form/function replacements that are NOT literally identical would likely be sold under license of any applicable patents (edit: and if some other 3rd party starts building parts without licensing the patents, Denso/Ford/whomever would likely have a case against them). DaveSauce fucked around with this message at 20:05 on Dec 15, 2022 |
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Dec 15, 2022 19:52
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Leperflesh posted:Basically none of the major automakers are in the business of making and selling car parts. They want to make and sell cars. There's exceptions, you can get a factory LS1 engine directly from GM for example, but mostly making and selling parts is a low margin business vs. making and selling whole new cars (or financing, which is also lol profitable). Just off the top of my head, Ford patented the headlamp and hood of one line of F-150s (they patented other parts, other vehicles, etc. too, to be clear) and sued a group of third party part mfrs to block imports of their parts. They've been fighting about it on and off for about 15 years now. GM has been starting to do it also. e: Most of this line of lawsuits/cases deals with external visible components, fwiw. Kalman fucked around with this message at 21:36 on Dec 15, 2022 |
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Dec 15, 2022 21:33
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Thanks everyone! Found a debt settlement attorney that says they can probably help me settle for half the amount over about two years, and only about $2k in up front fees. That's pretty much the ideal outcome for me because I want to keep my savings to trade options with over the next few months rather than hand it all over and miss any big stock market moves.
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Dec 15, 2022 22:52
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oliveoil posted:I want to keep my savings to trade options with over the next few months rather than hand it all over and miss any big stock market moves. suddenly the $20k in unpaid credit card debt is making a lot more sense
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Dec 16, 2022 00:45
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oliveoil posted:Thanks everyone! Found a debt settlement attorney that says they can probably help me settle for half the amount over about two years, and only about $2k in up front fees. That's pretty much the ideal outcome for me That sounds like pretty good news! oliveoil posted:because I want to keep my savings to trade options with over the next few months rather than hand it all over and miss any big stock market moves. Oh--ohhh nooo
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Dec 16, 2022 00:53
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How many Trump Trading Card NFTs can one buy with 20 grand, anyhow?
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Dec 16, 2022 00:54
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oliveoil posted:I want to keep my savings to trade options with over the next few months rather than hand it all over and miss any big stock market moves. How many shares of NDRA are you holding right now?
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Dec 16, 2022 00:59
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To
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Dec 16, 2022 01:00
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oliveoil posted:Thanks everyone! Found a debt settlement attorney that says they can probably help me settle for half the amount over about two years, and only about $2k in up front fees. That's pretty much the ideal outcome for me because I want to keep my savings to trade options with over the next few months rather than hand it all over and miss any big stock market moves. Please feel free to assuage our concerns by explaining what the black-scholes model actually does.
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Dec 16, 2022 01:33
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oliveoil posted:I want to keep my savings to trade options with over the next few months rather than hand it all over and miss any big stock market moves. this would be a great thing to tell the judge. Not only will they basically have to rule in your favor, but they'll probably give you a high five and make the CC pay YOU money.
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Dec 16, 2022 01:55
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Thanks for the car replies. Makes more sense now why I can buy aftermarket vtec parts but nobody but Honda has vtec in their cars.
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Dec 16, 2022 02:24
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oliveoil posted:Thanks everyone! Found a debt settlement attorney that says they can probably help me settle for half the amount over about two years, and only about $2k in up front fees. That's pretty much the ideal outcome for me because I want to keep my savings to trade options with over the next few months rather than hand it all over and miss any big stock market moves. Are you posting your moves somewhere so you can show the negative nellys itt your market acumen i believe in you oliveoil don't let me down
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Dec 16, 2022 02:49
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No I gambled away my retirement and then my health went to poo poo and I'm too tired and brainfogged nowadays to think of and follow through an actual plan to fix my finances so desperately gambling is pretty much the only financial plan I can follow through on right now. Finally found a doctor who doesn't think I'm imagining my problems and seems to know what I'm talking about so maybe my brain will start working again soon and I'll be able to do something else. We shall see.
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Dec 16, 2022 05:12
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oliveoil posted:No I gambled away my retirement and then my health went to poo poo and I'm too tired and brainfogged nowadays to think of and follow through an actual plan to fix my finances so desperately gambling is pretty much the only financial plan I can follow through on right now. From "unable to cum" to "unable to plan"
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Dec 16, 2022 05:57
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oliveoil posted:No I gambled away my retirement and then my health went to poo poo and I'm too tired and brainfogged nowadays to think of and follow through an actual plan to fix my finances so desperately gambling is pretty much the only financial plan I can follow through on right now. That went from funny to depressing in a hurry.
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Dec 16, 2022 14:53
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I gambled away my retirement so desperately gambling is pretty much the only financial plan I know
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Dec 16, 2022 17:23
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I didn't know the martingale strategy applied to 401Ks.
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Dec 16, 2022 17:53
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oliveoil posted:Thanks everyone! Found a debt settlement attorney that says they can probably help me settle for half the amount over about two years, and only about $2k in up front fees. That's pretty much the ideal outcome for me because I want to keep my savings to trade options with over the next few months rather than hand it all over and miss any big stock market moves. I'm going to sue you for the whiplash this loving post gave me.
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Dec 16, 2022 18:18
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ChickenDoodle posted:I'm going to sue you for the whiplash this loving post gave me. Well it just makes sense that the debtholder will settle. Like the saying goes, you can't get blood from a
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Dec 16, 2022 18:20
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evilweasel posted:Just send an email saying you appreciate getting the stay lifted and ask when you can expect a new trial date to be set. “bird with big dick” posted:When do you think we can expect to know the new trial date “bird’s lawyer” posted:We won’t know anything until court assigns us a new date.
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Dec 16, 2022 23:59
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Lol, your lawyer loving hates you, they knew what they were doing.
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Dec 17, 2022 05:03
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When people refer to case law, does that mainly come from supreme court decisions? Or, can a local judge's ruling in Orlando have an impact on a local judge's ruling in Miami?
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Dec 17, 2022 14:24
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SkunkDuster posted:When people refer to case law, does that mainly come from supreme court decisions? Or, can a local judge's ruling in Orlando have an impact on a local judge's ruling in Miami? In theory, higher courts issue new and binding ("precedential") decisions that all lower courts in that system (e.g. state, circuit) should follow when faced with the same facts and legal issue. All other cases are "persuasive": in theory, your local judge in Miami may read the Orlando judge's opinion on the earlier case and nod their head, saying "yes, that reasoning make sense, I shall do the same." Cases in the same circuit, state, or district as the one you're thinking of may be more persuasive than cases in Italy, for example, but sometimes the Italians do a thing somebody here likes. In practice, if a court doesn't agree with a precedent that a party is urging them to apply, the court may choose to "distinguish" their case, which means they are saying their new case's facts are different enough that a new rule is called for.
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Dec 17, 2022 15:54
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The higher court stares decisively at the lower court until it submits.
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Dec 17, 2022 19:54
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dpkg chopra posted:Lol, your lawyer loving hates you, they knew what they were doing. She’s pathologically incapable of providing information.
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Dec 18, 2022 17:21
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dpkg chopra posted:The higher court stares decisively at the lower court until it submits.
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Dec 18, 2022 17:33
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oliveoil posted:No I gambled away my retirement and then my health went to poo poo and I'm too tired and brainfogged nowadays to think of and follow through an actual plan to fix my finances so desperately gambling is pretty much the only financial plan I can follow through on right now. You should explain this poo poo to your lawyer and see if they can't talk you out of being a maroon
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Dec 19, 2022 18:14
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Grip it and rip it posted:You should explain this poo poo to your lawyer and see if they can't talk you out of being a maroon i think if he explains this to his lawyer he's going to talk himself into a much bigger retainer before the lawyer will do anything to help
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Dec 19, 2022 18:19
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Grip it and rip it posted:You should explain this poo poo to your lawyer and see if they can't talk you out of being a maroon Nah turns out my sister's dog has cancer and looks like it's gonna be expensive so there goes my hope funds.
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Dec 19, 2022 18:43
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oliveoil posted:Nah turns out my sister's dog has cancer and looks like it's gonna be expensive so there goes my hope funds. your hope funds are gone, the only question was is the guy scamming you by convincing you to do options trading getting them or is a vet going to get them until you learn you can't gamble your way out of debt your savings are just money that you haven't given away yet
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Dec 19, 2022 18:47
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A troll and his hypothetical money are soon partied
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Dec 19, 2022 19:58
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Dick mangling doctor Debt dodging gambler Pet cancer is sad I can't think of a funny name
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Dec 19, 2022 20:10
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Epitope posted:Dick mangling doctor Canine consuming cancer
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Dec 19, 2022 21:06
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gently caress me, this thread can be a wild fuckin' ride, sometimes.
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Dec 19, 2022 22:23
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My dad recently died in Florida. He has a lady bird deed for his condo that lists me as the owner as of his passing. So…now what? The document says it’s mine now that he’s dead, but do I need to get something else that says “yes, zelah is the owner now”? Trying to sell it and don’t want to proceed before I have everything I need.
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Dec 19, 2022 22:34
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zelah posted:My dad recently died in Florida. He has a lady bird deed for his condo that lists me as the owner as of his passing. sounds like a question for the real estate lawyer that you will need for a real estate sale anyway and so you might as well retain now to ask that question
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Dec 19, 2022 22:39
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