This thread is for all of those folks who are legitimately miffed over my participation in threads about other manufacturers, and my comments with regard to splashed gelcoat.
For those not aware... "splashing" is a term that basically legitimizes to a degree the theft of other peoples designs. Be it a bottom, gelcoat or feature. The industry uses this term because stealing sounds too bad. Jokes have been made about it, and allegations have been thrown around regarding who splashed who, but the fact is the entire industry was basically founded on the notion.
If you are new here, I will give you a little background on me. When I first came on here, I was an active duty US Navy SEAL stationed in Coronado at SEAL Team One. I had been the unfortunate recipient of two very painful parachute crashes during night combat equipment jumps. During these accidents I wrecked my left foot and my left hand. Rehab has brought me back 80% or so. I was getting out of the Navy with a medical retirement and getting into music production (another creative based industry). Long story short, I bought an Ultra new and came on here to get with river people for trips and socializing.
For the next couple of years I was spending a lot of time in the management end of the boat business. I was suprised at the mis-management and undercapitalization that was going on in the industry, and felt that bringing solid business practices and innovation to it would pay off well. After a couple of false starts with other manufacturers, my investors and I decided to start our own company focusing on the hottest and least well developed segment of the industry, the deckboat market.
We would build one boat, and build it for the express purpose of being the best deckboat in the world. It would be specifically designed from keel up to suit this purpose, unlike the others that were in the industry that were universally an adaptation of a previously existing performance hull design.
One major drawback to this industry is the lack of apparent protection of your Intellectual Property, commonly called the "IP". Any innovation in this segment would put the generator of it at a clear advantage with so many offerings that were essentially similar, short of options and aesthetic. The problem is, that usually before your paint is dry on the plug, the concept can and has been reproduced on a competing manufacturer's boat. Obviously, with such a quick normalization of advantage, it doesn't pay very well to innovate. I doubt highly that Talon is getting paid for every Conquest or Eliminator that rolls off the line, though they all admittedly share the Talon bottom. This was an unacceptable problem for my investors.
If we were going to innovate, we had to protect our designs. One of the first investments we made into Trident, aside from our styling from Rob King and our bottom from Ron Holder was to protect our designs legally. "IP Protection" is a huge business practiced by all major corporations. The ability to protect good ideas is what brings companies like Guess, Oakley, Chevy, Nike, Asics etc... to the top. If you pay to innovate, you can keep others away from your ideas. That is why you don't "Just do it" with a Payless shoe source shoe. While imitations and fakes are prevalent, they are illegal and are prosectued all the time with amazing results.
We have patents in application and copyrights and trademarks awarded for our bottom, our drop down front ramp design, our particular brand of the walk around swimstep, the layout of the interior, the name, logo and slogan. Our graphics are protected under both copyright and trademark law, as they are not only proprietary, but contain our trademark of the stylized three pointed spear. (Any arguments with regard to the ownership can feel free to reference Nike, whos swoosh and name are in reference to the Greek god "Nike" who was the goddess of victory.)
Now, with regard to "splashing"... It is currently accepted grudgingly that if you have a cool gelcoat design, it will be splashed by damn near every builder, but you can rest assured that Commander, Sleekcraft/Magic and Shockwave will be fighting over who gets it first. Two boats that I have either designed 100% or played a heavy role in designing were my last Ultra, a closed deck 21XS and Darryl Robinson's 27 Shadow. Within a month of my 21XS hitting the magazine where it was featured there were a couple of splashes of it already, Shockwave being the most notable not only for it's blatent ripoff, but the astounding bad rendition of it. Fortunately, talent kept this design from being well ripped off because with 18 crossovers per side, it was too expensive for most to attempt. The second was Darryl's, which was nearly directly copied by Nordic, Eliminator, Cheetah, Commander etc... Same colors, same scheme. Darryl was fumed, as was I. That was about the time I started looking into protection.
A couple of rumours are running around out there regarding getting around IP law as well. The infamous 10% rule stands out. The imaginary 10% rule allegedly states that any design changed more than 10% is considered a new design. This is a complete falacy. There is no such rule anywhere in copyright law. There are only a few guidelines for change...
One is that in the case of artwork or trademark, a competing design cannot draw confusion in the eyes of a jury. So, lets say for example, I own a 27 foot Cat, an Ultra for example, and I was to put a proprietary, protected design on it. If another boat company copied that design, and put it on, oh... let's say a 27' Commander, or Cheetah or something and put the two next to each other in front of a jury and a non-boater is confused with regard to which is which. Copyright infringement. Little known fact on this though. If the design WASN'T protected, you could still write a cease and desist and win, they just couldn't use it again. If you are protected however, you can sue in the first instance for $150,000.
Without going too deeply into the specifics, as it doesn't serve my purpose to explain the ways around the laws, let's leave it at if you can show confusion between the designs, you can win the case.
Much more of our stuff is very creatively protected. Gauge bezels, design patents instead of utility patents, proportions and such will protect nearly everything innovative against infringement. We have gone very far out of our way to ensure that we have not infringed on anyone elses IP as well. We have done searches of our trademarked graphics, and to the best of our knowledge are absolutely the first.
I intend to protect my designs. I can either be blunt and do stupid threats of violence or vandalism, as has been leveled against my business before, or I can use the only legal way, which is the court system. I haven't dumped damn near $750,000 into innovation to have it wasted on the undeserving. I have drawn a clear distinction from a styling, performance, construction, safety, drive, interior and quality level with everything in the business. You are either going to love the Revolution or you won't. If you do, you won't find anything in the industry remotely like it. If you don't, your tastes will be well served.
We have deliberately put ourselves beside the industry as you know it and not in it. We are taking our time developing the boat so that our clients aren't F'ed when stuff that hasn't been well thought out doesn't work. We are testing our designs thoroughly and have since the beginning. Ask anyone on these forums who we have worked with if I have sent good stuff back to the drawing board time and again because it wasn't right. I have over $40,000 worth of gear upstairs that will not go into a Revolution because I don't believe in it, or it wasn't the right part for the job. Anyone want to buy a killer set of stainless Hi-Tec headers for a BBC? I have them. How about three different helm configurations only to settle on a hydraulic system for the jet?
Innovation is only rewarded if you get to capitalize on it. If you boaters are happy tooling around in 5500 plus pound deckboats, then I am sure that our 3800 pound boat fully equipped won't be that big a deal for you. If 0-60 times up near 18 seconds with 12 second time to planes are fine, then our 1.2 second time to plane and one-third the 0-60 time will be of little use to you.
You want to talk about what we have done? Come down and take a ride first. You want to speak from ignorance? Keep talking about how you would never buy a boat from someone threatening to sue over a copyright infringement.
The best case scenario for me is for nobody to steal gelcoat from anyone anymore. The most innovative and creative artists will have the best looking boats. They will in turn attract the most creative gelcoaters. The copycats will look dated while the innovators will look fresh... as it should be. Perhaps my education of the industry with regard to how much protection artists have will have an effect. Time will tell. All I know for sure is, I have made my point, because anytime the subject of splashing shows up, someone half-jokes that I would sue.
Will I piss off the industry the first time I sue someone for stealing my stuff? Sure. I don't have a problem with that. I additionally don't have a problem if people start having to own up to morality issues I see happenning in the industry such as funding the loan on boats before they are constructed (and insuring them as well BTW...) or trade-in fraud.
If anyone wants to come on this thread and bash me for being vocal in any thread about other manufacturers stealing... bring it on. I was a member here and vocal about splashing since WAY before I was a boat builder. I retain my right to have an opinion on here, and understand that it is a reflection of my company. That every post I make represents Trident is clear to me, which is why I choose my words more carefully now, and choose my battles even more so.
So, here is me donning my flameproof suit. Get after it ladies and gentlemen.
I thnk what you are doing is great and is a good direction for the entire boating undustry to take. If had the money and need for a boat of your caliber I would be all over your product.
I wish you the best of luck...always have. Even thougt in the begining I thought it looked like a giant sea-doo boat. but I now think it is an awesome looking boat with only the best of the best in it.
Good luck
Is this a thread or a mission statement??? :wink:
I thnk what you are doing is great and is a good direction for the entire boating undustry to take. If had the money and need for a boat of your caliber I would be all over your product.
I wish you the best of luck...always have. Even thougt in the begining I thought it looked like a giant sea-doo boat. but I now think it is an awesome looking boat with only the best of the best in it.
Good luck
Thanks. I can't wait to meet you soon and take a look at that killer boat and pad. I am pretty sure that if your house is the one I think it is... that is one of my favorites in Parker.
RD Sux.
Nice post Wes. Still can't wait to see the finished product on the water.
Is this a thread or a mission statement??? :wink:
It is a little Jerry McGuireesque, isn't it.
Basically, I don't want to tear up the Howard thread any more than I need to, so everyone who wants a piece can come over here.
It is a little Jerry McGuireesque, isn't it.
SHOW ME THE JUDGEMENT!
Good luck in your mission. There are a lot of industries that could use this kind of shake up. Hopefully you will start a trend.
Thanks. I can't wait to meet you soon and take a look at that killer boat and pad. I am pretty sure that if your house is the one I think it is... that is one of my favorites in Parker.
Let me know when you are gonna be out there..... I would love to take a ride.
Wes, I admire your tenacity and the honesty in your post. I also respect the fact that you are willing to pioneer the legal trail in the industry. I cant even imagine the frustration of seeing your hard work copied and sold. Good luck, and I hope your hard work pays off.
BTW, I cant wait to take a ride in a new Trident.
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