Fluke Issues Statement Regarding Sparkfun’s Impounded Multimeters

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Fluke just issued a response to the impounding of multimeters headed for market in the United States. Yesterday SparkFun posted their story about US Customs officials seizing a shipment of 2000 multimeters because of trademark issues. The gist of the response is that this situation sucks and they want to do what they can to lessen the pain for those involved. Fluke is providing SparkFun with a shipment of genuine Fluke DMMs which they can sell to recoup their losses, or to donate. Of course SparkFun is planning to donate the meters to the maker community.

Anyone with a clue will have already noticed the problem with this solution. The impounded shipment of 2k meters will still be destroyed… eh. The waste is visceral. But good for Fluke for trying to do something positive.

Before we sign off let’s touch on the trademark issue for just a moment. We can’t really blame Fluke too much for this. The legal crux of the matter is you either defend your trademark in every case, or you don’t defend it at all. In this case it was the border agents defending the filing, but for ease of understanding we’ll not go into that. On the other hand, speaking in general business terms, the way things are set up it is advantageous to acquire a trademark specification that is as broad as possible because it helps to discourage competitors from coming to market. So trademark is good when it keep hucksters from trying to rip off consumers. But it is bad if applied too broadly as a way of defending a company’s market share.

Where does Fluke come down in all of this? Who knows. There is literally no right answer and that’s why the discussion around yesterday’s post was full of emphatic arguments. A Fluke meter is a cream-of-the-crop device and they have the right (and obligation) to ensure that reputation is not sullied. SparkFun serves a market that probably can’t afford a Fluke at this time but may some day in the future. And this is the reason we can feel okay about this outcome.

[via Twitter]

Multimeters Without A Country: Fluke’s Broad Trademark Bans Yellow Multimeter Imports

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Check out this SparkFun Digital Multimeter. Does it make your blood boil to see them ripping off Fluke by using the color yellow? From SparkFun’s side of the story that’s exactly what’s happened here. They have a shipment of 2000 of these things stuck in customs. The trademark being infringed upon can be found in their article. Fluke owns the trademark on multimeters with a dark face and yellow border. Great. This seems like a wonderful idea, right up there with Apple owning tablets that are shaped like a piece of paper.

Okay, so if you’re not crying big fat tears for Fluke being taken advantage of in this way let’s talk about more immediate issues than fixing trademark, patent, copyright, and all of the other screw-the-little-guy type of laws (not that SparkFun is necessarily the little guy but you know what we mean). The DMMs sitting in a warehouse are costing SparkFun $150 per day. We believe they have no option of choosing a warehouse with a lower cost as we must be talking a pallet or two, right? The only two options they do have are shipping them back to China where they were manufactured, or having them destroyed. The former will cost more in re-import tariffs than the cost of the product, and the latter comes with a $150/hour disposal fee and no metric on which to judge how long it would actually take. We hate seeing this kind of waste, but sure enough 2000 DMMs are headed for the shredder in a couple of days.

We know you already have your flaming sword in hand, but simmer down for just a second. Fluke makes great products, ask anyone. And companies the world over defend their trademarks. Hopefully there will soon be a positive response from Fluke on this one. If you would like to politely encourage them to do the right thing we found Fluke’s Facebook page URL in the SparkFun comments thread. Both are worth browsing.

[Thanks Chris via Reddit]

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