CStanford":2m3psi45 said:
Funny how a very, very close copy can somehow become 'intellectual property' of the copyist. But it doesn't, and didn't. It may have been referred to in that manner in legal documents but there were more than a dozen companies making essentially the same planes as Record during the shank of its existence. The Stay-Set was an innovation and a few other things but the majority of the rest was not. Trade protection in the end didn't help Record.
If we're not careful, we're going to end up dancing on the head of a pin, here. However, just a couple of facts that may or may not inform the debate. The Record benchplane business did not go to Clico Tools, but the stayset cap-iron (which at the time of Clico's formation had been out of production at Record for at least a couple of decades) did. Also going to Clico at the same time, and also out of production at Record for many years, were the multi-plane and the Preston style shoulder planes that Record (C & J Hampton) had acquired in 1932 when they bought out Preston's plane business, selling on Preston's rule-making business to (I think) Chesterman. Record never made a bedrock-style benchplane, but as the design had been around for a century and more, it was classed as 'common knowledge' - well out of copyright or patent, so Clico's use of that design was perfectly legitimate.
The whole field of design copyright, patent, intellectual property and entitlement is legally complex, but in general, if something has been around for a long period of time, it becomes 'common knowledge', and fair game for anyone to commercially exploit. Both the Bailey-type and Bedrock-type bechplane designs fall in that category - they've been around for a century or more. Some more recent minor improvements may not be 'common knowledge', so copying them may be naughtier if covered by patent or design copyright. If a design is destinctive enough to be associated with one manufacturer, then it may be covered by design copyright, and copying that exact design may be a legal infringement; the (distinctive) Preston design of shoulder planes may fall in this category (I suspect that's dabateable, though!), even though it's a century old.
Another factor is that what may be a legal infringement under one legal jurisdiction may be allowable under another. Thus, it may be fine to copy a recent, distinctive design fro America or Europe in China, but selling it in America or Europe may be a problem (Myford won a suit against a UK-based supplier of Myford 7-series lathe knock-offs made in the Far East some years ago, for example).
Working out excactly who is legally 'right' or 'wrong' with specific plane designs in specific countries could be a prolonged battle. The individual may make their own personal decisions, however.