Homemade Tap-O-Cap, Is It Legal?

[David Kirtley]

This really confuses the differences between Trademark, Copyright, and Patent.

The name can be trademarked and by such can prevent you from using the name (depending at times on being in the same market and sometimes names that are close but not exact).


A design can be copyrighted but has odd implications for a physical device. It includes concepts of first sale doctrine, fair use, and commercial intent.
I see your beautiful painting and paint an exact copy to hang in my living room and not sell, I can tell you to pound dirt.


Patents can restrict even personal use but rarely get used that way. It would have to be pretty public for them to even prove. It's not like you would get a search warrant because you thought someone *might* be using your patent. It requires a lot of money to pursue and unless it is commercial use, not much to recover to make it worthwhile. It also requires public disclosure and people can change it enough to patent their changes themselves and potentially block you from improving your own patent. The alternative to stop that from happening is to do it as a Trade Secret but then the onus is on you to keep it secret.

 

[Thomas Paine]

MAKE WHATEVER YOU WANT

he's right. This is America, Land of the Free. (Anybody have a 100watt incandescent bulb i can buy?) The only problem that would result would be a civil case from Tap O Cap themselves, I beleive.

 

[george wilson]

I don't see how anyone can get on your case for making an item for your own use. But,why bother to made percussion caps?

 

[jim18655]

Link removed per forum rules.
Sorry

 

[swampdoctor]

I did not mean to break any Forum Rules. But Corbin the Bullet Swaging folks make an almost identical press mounted die which does the same thing. QUESTION, why would anyone make percussion caps? It costs me only $2 per 1,000 percussion caps with my TAP-O-CAP. But I was thinking of making one for Musket Caps. Thanks for all of the answers and the tips.

 

[dougroundup]

I wonder what the legal liability is for the machinist that is asked to duplicate a one off of a patented widget at the request of a customer for hire? Didnt the O.P. mention that some shop refused because it was illegal? In otherwords they felt that it was a liablity, no? Regardless of personal use, someone is making monetary interest and its not going to the parties that hold exclusive rights to those interests. Also the machinst for hire could very well have issue with the ethics on the very principal of copying someone else design and work? Perhaps he is a patent holder of his own rights and having to realize the effort and expense involved has a very strong moral or personal conviction over the sanctity of intellectual rights?
They say that copying is the most sincere form of flattery, but would you wish your creation to be copied? Personally I remain neutral but ya gotta look at things from every angle! I am not saavy to legalities as I am not a lawyer but am looking at it from a common sense standpoint. However uncommon that common sense is really is, I believe that common sense is actually admissiable in the US court of law.

 

[John Hasler]

I wonder what the legal liability is for the machinist that is asked to duplicate a one off of a patented widget at the request of a customer for hire?

Under USA law a patent owner can recover the larger of a "reasonable royalty" or "lost profits". If wilful infringement can be established (not easy) damages can be tripled and legal fees assessed. Thus in practice someone who makes a single widget in his shop is extremely unlikely to be sued. Note that it makes no (legal) difference whether or not the widget was made for hire, for sale, or for personal use.

 

[ScrapMetal]

Looks like someone else was making a very similar product...

[video=youtube;91nRXFEXaEg]https://www.youtube.com/watch?feature=player_detailpage&v=91nRXFEXaEg[/video]

-Ron

 

[Round in circles]

Interesting ...
If you make the cap punch with a shouldered , waisted cone shaped piston widest part being the cutting edge cone point down and put it in a cylinder with a screw thread so it acts like a hand bicycle pump and have that screwed into the die , slipping a fairly strong spring under the shoulder in the top part of the punch would see it automatically retract after you take the hammer off it . ease the bottom of the die hole out in a cone shape say after 1/4 of an inch or so . So that the formed cap falls through the bottom when punched , perhaps set it in a block that can be retained in a vice or clamped to a bench and use cut strips of the aluminium foil from new I-unused pie trays
If the cutting piston end is so shaped so that the cup is formed before the foil is cut by a cutting lip there is no reason why you can't get perfect cups every time rather than the one in a couple of dozen the guy in the clip was getting .

Now that is a new novel idea and as I've published it her on the site cannot be copyrighted or patented for I have given the idea free to all members.