Arduino LLC is suing Arduino Srl (the Italian version of an LLC). Sounds confusing? It gets juicier. What follows is a summary of the situation as we learned it from this article at MakeMagazin.de (google translatrix)
Arduino LLC is the company founded by [Massimo Banzi], [David Cuartielles], [David Mellis], [Tom Igoe] and [Gianluca Martino] in 2009 and is the owner of the Arduino trademark and gave us the designs, software, and community support that’s gotten the Arduino where it is. The boards were manufactured by a spinoff company, Smart Projects Srl, founded by the same [Gianluca Martino]. So far, so good.
Things got ugly in November when [Martino] and new CEO [Federico Musto] renamed Smart Projects to Arduino Srl and registered arduino.org (which is arguably a better domain name than the old arduino.cc). Whether or not this is a trademark infringement is waiting to be heard in the Massachussetts District Court.
According to this Italian Wired article, the cause of the split is that [Banzi] and the other three wanted to internationalize the brand and license production to other firms freely, while [Martino] and [Musto] at the company formerly known as Smart Projects want to list on the stock market and keep all production strictly in the Italian factory.
Naturally, a lot of the original Arduino’s Open Source Hardware credentials and ethos are hanging in the balance, not to mention its supply chain and dealer relationships. However the trademark suit comes out, we’re guessing it’s only going to be the first in a series of struggles. Get ready for the Arduino wars.
We’re not sure if this schism is at all related to the not-quite-open-source hardware design of the Yun, but it’s surely the case that the company is / the companies are going through some growing pains right now.
Thanks [Philip Steffan] for the pointer to the MakeMagazin.DE article. (And for writing it.)
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.
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]