talkmagic.co.uk

Hi, I suppose this has come up a few times on the forum but I want your opinions.

I have a friend who is an upholsterer and leather worker that may be able to make me a one-off wallet that incorporates various gaffs and gimmicks. I have shown him my three wallets and he thinks he can make me a bespoke item that has the four main corners, (p**k, S.U.C, i***x, and card to wallet) of wallet gaffs all in one tri-fold unit.

This is going to be a one-off exercise and I have no intention of mass production or selling it.

What is the legal point and etiquette of this? Do I need to contact the inventors and get prior written permission?

I don't do professional shows so it isn't likely to be seen by anyone other than my friends or family.

What are your opinions?

In my view, you're OK, so long as you make (or have made) one wallet for your own use.

Ethically, you would want to get permissions if you were producing commercially, though I'm not sure it would be a legal requirement unless a Patent was involved, and I'd be very surprised if that was the case. It's just good manners.

I'm not a lawyer, but I used to work with a bunch of patent and IP lawyers.

They drummed two things into me which are pertinent here:
1) Only a "court of record" can tell you if something is "legal" or not. Everyone is a bar-room lawyer and has an opinion. Even reading the statutes doesn't guarantee that you are right (ie have the same interpretation as a court of record).
2) You only get prosecuted if someone thinks it's worth their while and they can afford it. Even where a patent is clearly been misused (or a copyright infringed), my colleagues would not go after individuals as they would have a hard time proving material loss; different matter with companies. Lots of interesting discussions about what would happen if your Christian name were "harry" and your family name "potter" and you wanted to sell magic wands ... Also a different matter if you are a lawyer working for sony and you have an p2p's IP address ...

My current wallets are Stealth Assassin, The Real Man's Wallet and TeleThought.

I don't want to give too much away, but if you can imagine a RMW design with an extra flap on the right hand side you'll see where I'm coming from. The TeleThought will need the gimmick taken out and redeployed.

Having my three favourite wallets in one will be a real boon.

you're putting a boon in a wallet?! *joke*

if you're just using it yourself, and dont intend on marketing it or passing it off as something new, then you're fine...

i personally would like a himber and SUC combo, i can make my own (well, similar) but it would be nice to have a pro job done on it all...

^ I gave up using Himbers years ago because it's a bit of a one trick pony. Though you can use one as a reasonable p**k if it's made or altered the right way.

I suppose there's no point in approaching them, Chris Kenworthy, Steve Draun et al with my proposal, they must get hundreds of 'great' ideas sent to them every year. If I could buy the wallet I want to make up I would.

I'm surprised no one has thought of it before. It seems a really obvious como.

I wouldn't worry.

Seems that alakazam sell knock off wallets on their own site!

http://www.alakazam.co.uk/magic-shop/35 ... 0&start=20

Card to hip wallet APPEARS to be the same design as The Real Man's Wallet but is 20 quid less.

/me shakes his head.

In this case you are really not ripping anyone off and you are not making them to sell. I seriously wouldn't worry, go ahead and have one made for yourself and enjoy.

Not that I'm endorsing this by any means, but if you are really about getting in trouble over it don't be as in wallet stealing and producing there are much larger fish to fry then yourself. If you are asking on an ethical standpoint then good for you the world needs more people like you. Again in this case you are safe.

damianjennings wrote: alakazam sell knock off wallets on their own site!

A magic dealer selling a generic copy?

Shurly shume mishtake?