Home brew metal marking, legal issues.

[Chris J Anderson]

Sorry if this has been posted before, I did search...

I couldn't find the relevant thread here, but in case anyone is thinking of making their own metal marking solution...

This information shows that Ferro will likely sue anyone trying to make their own solution, or use a laser to mark metal with any solution thats not approved by them, as is their right as they have patented the process as well as their materials.

I have pasted the info below from here...



Posted by:
Sean Weir
Research and Development Manager, Organics and Laser Marking at Ferro Corporation
Hello all,

I just saw a press release from TherMark, the text is as follows:

TherMark Sues JDS Industries, LaserSketch and Paul Harrison for Patent Infringement

Irvine, CA USA - (March 20, 2013) – TherMark Holdings Inc., and its wholly-owned subsidiary, TherMark LLC, sued JDS Industries, LaserSketch and Paul W. Harrison for patent infringement in U.S. Federal Court in Orange County, California on Monday, March 18.

TherMark holds patents issued in 24 countries worldwide for high contrast marking of hard surfaces using lasers and specially-formulated laser marking materials. The patents are valid through September 2017.

TherMark is the manufacturer or licensor of such well-known products as Thermark™ brand LMM14 aerosol and liquids, and Ferro CerMark™ brand LMM6000 aerosol and pastes for laser marking of black on metal, among other laser marking materials for marking metal, glass, ceramic and plastic.

TherMark is suing JDS Industries for infringing two of TherMark’s U.S. patents by recently introducing and selling LazerBond LZB100 aerosol spray for laser marking black on metal.

Likewise, TherMark is suing LaserSketch and Harrison for infringing two of TherMark’s U.S. patents by manufacturing and private-labeling LazerBond LZB100 aerosol spray for sale by JDS Industries, as well as for manufacturing and selling its own brand of LaserGrade Bonding Materials, including BMM100A aerosol spray, BMM100 liquid, BMC200 liquid, and film for laser marking black on metals, ceramic and glass.

For a copy of the legal complaint filed in U.S. Federal Court please contact Joel Assaraf, President & CEO of Thermark, at joel.assaraf@thermark.com or 323-344-9500 x102.

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• March 21, 2013

[Gary Hair]

I couldn't find the relevant thread here, but in case anyone is thinking of making their own metal marking solution...

Making it isn't a problem, selling it is... I can make anything I like - iPod, iPhone, Cermark, etc., but as long as I don't try to sell it there isn't anyone in the world who can stop me.

[Doug Griffith]

My opinion is that using a home brew metal marking solution is quite different than creating a solution and selling it as a product for monetary gain.

[Bill George]

Making it isn't a problem, selling it is... I can make anything I like - iPod, iPhone, Cermark, etc., but as long as I don't try to sell it there isn't anyone in the world who can stop me.

And a patent is only effective in the country in which its filed. To be enforceable they would have to have a patent in every country, and keep it up to date. Unless you are in China of course where patents don't count.

[Kev Williams]

Just being able to turn something black isn't patentable. How you do it, is. If JDS or whoever is using different ingredients than Ferro, then Ferro likely has no case.

[Ross Moshinsky]

This is old news. JDS now carries Thermark and Cermark.

JDS obviously found someone who offered a Cermark/Thermark alternative where it would be more profitable, and decided to carry their product. They got sued and both parties probably figured it was in everyone's best interest to settle. Cermark/Thermark benefits by being distributed by JDS and JDS most likely wins because they didn't have to go through a huge legal hassle.