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How do these guys get away with it

catfixer ยท 2015-10-26 11:47

Browsing machinery trader looking at crap I don't need and cant afford and stumbled across this interesting piece. How can they sell essentially an Identical machine to a D7 without getting the pants sued off them? http://www.machinerytrader.com/listingsdetail/detail.aspx?OHID=9829699

Replies20
  1. #1lantraxco2015-10-26 12:27

    Either the patents have run out, or they're assuming CAT won't bother to sue them. You can make an exact copy of anything as long as you don't get so close in appearance you're taking advantage of someone's branding, or infringing on patents. In the case of patents the burden of proof is on the patent holder and I would guess you would have a separate suit for each patent, and then there's the problem of where do you have to file the suit, Mexico, China, ???

  2. #2Richardjw~2015-10-26 14:15

    I had a look round one at a Plant show in Moscow last year, seems it has a Chinese Cummins motor in it.

  3. #3DDoug2015-10-26 14:50

    What specific patents are being violated ? Read a patent carefully. Maybe a design patent ? basing on the outward appeance and style ?

  4. #4Huntoon2015-10-26 19:43

    https://www.youtube.com/watch?v=_1Zi4z_xRPs interesting video on them

  5. #5Multiracer2015-10-26 19:46

    It looks like a mix of old and new technology. It is easier to spot the weak points than it is to see the benefit stuff. That Chinese video was terrible.:cool2

  6. #6thepumpguysc2015-10-26 20:04

    Funny you should mention that Richard.. just the other day I had a pump come in the shop.. the name plate was torn off of it but the rivets were still there.?? so SOMEONE HAD TO RIP the np off.. after further inspection of the P#'s of the components inside the pump and getting a SN from the customer.. it WAS INDEED a Chinese BUILT CUMMINS MOTOR.. I guess if the "BIG GREEN" company can do it with their Yanmars.. why not "THE BEIGE".??? I never thought I would see the day..

  7. #7CM19952015-10-26 20:25

    Richard I saw a very similar machine on display at the Canton Fair in Guangzhou China in 2005. It doesn't seem they've improved much on their copy in 9 years.

  8. #8John C.2015-10-27 01:11

    A utility patent is only good for twenty years if you pay the government on time. A design patent is good for fourteen years. I can't see how there are any pending patents on a high drive dozer since the concept has been around for at least forty years. Also Cummins have been licensing their manufacturing out of the US since at least the seventies. A Trademark is good for a long as the owning company maintains it. I believe Cat's trademark will be maintained ferociously as long as the world turns. I doubt you will ever see one of those clones with any type of graphic or symbol that remotely looks like something Cat might have have had something to do with. A Copyright is good for the life of the creator plus 70 years after the death of the creator. Software designers are trying to apply this to everything. Seems to be the claim by Deere about only their service people can repair one of their brand of tractors. Manufacturers in China still think it is clever to profit on the labor and investments of others. Then again they are only trying to follow in the foot steps of the Japanese. I can also say that the people at Caterpillar are not entirely blameless in that regard either.

  9. #9DDoug2015-10-27 08:23

    Very well said John.

  10. #10oldirt2015-10-27 16:08

    and no emissions crap..

  11. #11Dickjr.2015-10-27 19:11

    Wonder if it takes a CAT key? Also wonder if Cat has something to do with it or are receiving monies from it.

  12. #12td25c2015-10-27 20:49

    My thoughts as well . I actually like the idea of it , Old school big cam cummins powered 25 ton dozer with a modern look about it . I also like the looks of the Shantui dozers , they use the old big cam cummins as well . http://en.shantui.com/products/sd22.htm Now just hang on one dang second !!!!!! These guys are copying off me ....... LOL! :lmao:drinkup HeavyEquipmentForums

  13. #13Buckethead2015-10-27 21:25

    Cat wasn't even the first one to manufacture high drives. Cletrac made some small machines with high drive back before WW2.

  14. #14JD955SC2015-10-28 10:40

    Because Caterpillar has no control over what goes on in China. No enforcement possible.

  15. #15JPV2015-10-28 11:12

    I think it's funny the Cat clones have a cummins and the Komatsu clones have a Cat, no emissions or computers sound good to me

  16. #16JD955SC2015-10-28 16:25

    The negative being Chinese quality (or lack thereof)...

  17. #17repowerguy2015-10-28 19:43

    The power plant irony isn't lost at all, how about a TD 15 clone with a John Deere engine or Terex clone with a Cummins in it. These sound like something I would do, well let's see here, I have a dozer and I have a random engine lets put it together!

  18. #18JPV2015-10-28 22:57

    I agree, imagine if they did have emissions and computers!

  19. #19TrentNz2015-10-29 03:56

    Cat has made another brand in China - https://www.facebook.com/keppelimports/videos/966047096770989/

  20. #20alco2015-11-01 00:40

    In a round about way, they actually were. The high drive Cletracs came along around 1920, but CL Best had tractors like the humpback 30 in 1913 or 1914. CL Best merged with Holt Manufacturing to form Caterpillar.