As long as they are not being marketed or sold as genuine TY discs?
I’d say the obvious answer is “no.”
Does anyone know if the MID code of any manufacturer is Intellectual Property?
No, it’s not. It’s not any kind of property.
I have a legal letter stating that I have to stop importing and selling my disks which use the TY MID even though I don’t market them as authentic TY and I clearly state they are not Japanese manufactured and I get customers to test them first too.
They reckon a customer could assume they were buying genuine TY products because of the MID. For a start I don’t sell to the public and secondly I clearly state where they are manufactured.
I have just read the MAM-A report where they say there is no law on uses of the MID code. Besides, seeing that the average consumer doesn’t even know what an MID code is and it isn’t visible at point of sale, I don’t see how Taiyo Yuden can complain.
I suppose it could be a trademark infringement?
Easy, TY gets angry because these other companies are using their MID. Some people may think these are true TYs, and end up with garbage discs and stop buying TYs cause they think they are trash. TY’s reputation gets tarnished and therefore they have a right to be angry at these shotty companies ‘stealing’ their MID.
If you are a reseller, why not sell your media as a no-name without mentioning TY at all. I think it is fair to do that rather than mentioning TY not made in Japan. It can make confusion to some users.
How about refering it to a solicitor - if you are a company with a legal warning letter - best bet. Be good to know what is said. In my opionion, it should damn well be illegal to use an identification mark of one company to sell another product without express permission.
MID codes are not “owned” by anyone, they are part of a cooperative effort between media makers and hardware makers to identify media. However, a media maker may well make a case that there is some “implied ownership” resulting from the use of these codes. The biggest issue would be with advertising that the media carries the code or mentioning the TY name in any context.
Personally, I would be glad to see TY go after anyone selling fake TY media, but I seriously doubt they would be successful unless they happen to have a corporate presense in the country where the offense is occurring.
I also doubt that a seller of fake TY will get a lot of moral support around here.
Very true but I do not mention TY in any way. Their MID works very well with the disk I sell under my own brand name. It is clearly mentioned that they are made in Taiwan and I sell to Duplicators so they test the disks first before drawing their own conclusions on reliability and playback etc.
Yes I hate people passing off ‘fake’ TY disks but by using the MID alone and making a point of mentioning that they only use the TY MID and therefore are not Japanese Taiyo Yuden, I do not see how they are ‘fake’. To make a fake is to try and pass it off as genuine in the first place!