Aero Racing statement

[ApexSpeed]

Boy, there are an awful lot of individuals taking great liberties with the facts and what is known to make LONG leaps to some ridiculously synthetic conclusions.

If the deal for Gerd's design was initiated in January, then considering it is April, it is obvious to anyone that neither party involved was ready to release this information to the public. Business deals don't happen over night.

The fact that this deal has been in progress for 3-4 months already indicates that this is a very involved process for both parties involved. One could assume, in this case, that the company putting their time and money into Gerd's car has plans to reveal and produce the car on their own accord, and would not have wanted to have any of this happen prematurely.

The fact that there is a screen cap of an Aero front page (from their website), and an interview Jimmy did with the Aero team at the Nationals that clearly states that the car IS a Durango—"Same car—different name"—and that the project is a "corporation" with Mister Strenge (I believe the word intended was co-operation and not corporation), it is obvious to anyone with a triple digit IQ, that Gerd is trying to protect his business deal in progress and the investment of his new business partner. At this point, it's called damage control.



Let's take a look at this from Gerd's perspective for a second. You have worked for many years designing, developing, testing and racing a car that you never intended to get into mass production with. After many years of success, you strike a deal with a large company who is willing to tackle the production for mass market distribution. In the time that you strike that deal to the time that the deal is completed, another company springs out to surprise you with a car virtually identical to the one you designed and are in the process of selling the rights and patents to, and they claim that YOU are collaborating with them to produce and sell this car with them.

I would say that if it were me in Gerd's shoes, I would be livid beyond belief. Making a statement to an internet magazine would be an immediate course of action to get things cleared up in the public eye, but that would follow contact with this second company. I would also involve lawyers at that point, too, to protect my name, my project, my designs and my new partner's investment.




We know the cars are the same. We know Aero claims to have purchased the design (or just a car) from Gerd, and they claim that they are working jointly with him on the production of the new car. We also know that Gerd has adamantly denied any and ALL connections with Aero, more than one time.



There are few things that can be assumed so far, that aren't perfectly clear already.

One things is absolutely 100% for sure, though. In the court of law, I would rather have a big company and a team of lawyers working on my side of the case than be a small, independent start-up company with few assets and less resources.









That being said, someone produce this damn car already—I want to buy one!





doug

[Fabs]

Here's my opinion:

There are no rights to buy !!! As things are, Gerd hasn't patented anything and the Durango is only a concept, but NOTHING prevents anyone from using that same concept. So Gerd has nothing to sell apart from the drawings for his car, but anyone could copy the whole car while slightly changing every part so that it doesn't fall into the realm of copyright. Which is what, as I understand, Aero did.

However in such cases, a gentleman agreement would have been a minimum. One side states it has been done, the other states that it hasn't been done.

To be frankly honest, I don't really care who's right, but as a design engineer I'd be quite upset if someone had blatantly copied me and then pretended I'd agreed with it.

[rich_cree]

http://www.autosport.com/news/report.php/id/58339

These two didn't steal anything with a patent and they are still in mucho trouble (not saying that is what's gone on here though).

[ApexSpeed]

Everything I have read about the Durango says it's heavily patented.

It's unlikely that anyone would try to sell an idea without having some sort of ownership of the concept. This is done through patents and licensing. Without these, there is nothing to prevent the company that Gerd is dealing with from just copying the car like Aero, and not striking any business deal with him directly.


Gerd doesn't strike me as a stupid man. I wholly doubt that this car is left to the public domain for ownership rights.


You never know, though. Stranger things have happened.

[Lee Martin]

apex....

u speak like you kno everyone involved and everything about each company......

so why dont you solve the whole case and just tell us what happened???????

[ApexSpeed]

I'm speaking of ONLY what I have read—which everyone else has access to. I don't know either parties involved, and don't care to. Most of what is debatable out there in this issue is common business law taught in high school. This isn't rocket science.


I just find it fascinating that this whole ordeal has developed around a car that was never intended for mass production, and now has two different entities arm wrestling over the right to say, "designed by Gerd Strenge."




Lee, it's unfortunate that you're stuffed into the middle of this whole thing. I have a feeling you could win with just about any car in your hands, but nothing good will come of any of this—one way or the other. At this point, unfortunately, you're really the only one here with anything to lose in this. The rest of us morons are just hot air gossiping on a discussion board saying what we think is happening.


I don't doubt that whatever happens, you'll still be piloting a fast car somewhere.

[Lee Martin]

yeh personally i do not feel that i will loose anything from it all...

it will only make me stronger and faster thats for sure.

[PaulRotheram]

lee for tq! mahaha

[gramey]

This may sound a little strange but presumably the publishers of Gerd Strenge's statements have verified that it is indeed him they are speaking to and not some malicious 3rd party with an axe to grind purporting to be him?

[mattym0310]

one thing i would like to point out, which i have before is another thing that confuses things. on the website it previously stated that it was the same as a durango but on here in the first thread started about the car, team aero couldnt stress enough how it was not a durango "First of all it's not a dublicate! The concept idea is the same but the car will be in graphite with alu parts . Secondly we've made a lot of changes to the car, the steering is different, major changes to the geometrie (front and rear) etc..." can anyone explain/clear this up please

[andys]

Well. I for one am looking forward to seeing how this pans out ! Controversey in the world of RC racing, amazing, this is toy cars after all !

Anyway, I was going to add my name to the Aero order list until I read all these posts.

I'm probably not going to have time to race a new for the next few years, but I always wanted a 'Durango', but WAIT, it's not a Durango it's an Aero, a sort of Durango with a bit less Durang.... So, I'm waiting.

If the Durango car has indeed being sold to another company (Not Aero), then i'll have one of those please, a proper one if you will, if not, I'll go with the copy, if you can't have the real thing then it sure looks like the Aero will do !

[mattym0310]

so if you buy a durango/aero [what ever it turns out to be] what happens to your pred and S4? are they for keeps??

[Dirt-Racer]

What id like to know is companies like HPI, Yokomo, Tamiya, Associated, Kyosho and many others im sure all had the same basic concept when they were all producing their shaft driven version TC cars, why was it no one got done for that?

Hows about when tamiya and HPI (others) were making the same layout similar to the Kyosho Lazer tranny?

I didnt hear anyone cry foulplay on both of those issues?

[jimmy]

This 'case' is a lot more complex and in depth than those examples though.

[Bathy]

I wasn’t going to post again on this subject but found it too difficult to hold back, sorry!

An example of a ‘case’ was given a few posts back, which I feel is completely irrelevant to the one we are talking about. The very first line explains why “Former Ferrari employees Mauro Iacconi and Angelo Santini” unless the team at Aero-Racing had previously worked for the ‘chap who’s upset’ and had signed contracts of employment, which I doubt, then this case is completely irrelevant for use as an example, the only reason them guys got ‘done’ would have been for breach of employment contract… trust me!

I still think my first post on this matter is the most relevant which was as follows:

Bit odd, no idea if any of this is correct but based on what’s been said (If I put my ‘business’ hat on for a second), unless Gerd has patents in place then there is little you can do, that’s the harsh reality of the world.

It’s very simple; you don’t have to be an expert, hell you only have to watch one episode of ‘Dragons Den’ would go like this…

Car creator: “Hi, I’ve designed the car, parts of if are unique and I think I can sell a load a make money. I'm looking for £100,000 investment”
Dragon: “It looks great, I’m interested, you’re looking for £100,000 yes?”
Car creator: “yup”
Dragon: “ok do have the unique parts patented?”

Scenario 1

Car creator: “yes I do”
Dragon: “great you’ve got yourself the investment, let’s do business”

Scenario 2
Car creator: “No I don’t, not yet anyway”
Dragon: “Oh, exactly what stops me from just making these myself??? I’m out”

Simple really, from a ‘business’ point of view, like I said it’s a harsh world out there.

[jimmy]

Would you rather someone do the same as Jigsaw7 dave, or call themself Jigsaw7.

[Bathy]

Originally Posted by jimmy

Would you rather someone do the same as Jigsaw7 dave, or call themself Jigsaw7.

That would be a 'trademark' issue... it's covered!

Hey I'm not saying if it's a good or nice thing, just the facts of the world! Honest.

[jimmy]

Which is it then, 'Tough' or 'Covered' - Can't have it both ways mate.


Forgive me

[BenG]

Originally Posted by Bathy

Car creator: “No I don’t, not yet anyway”
Dragon: “Oh, exactly what stops me from just making these myself??? I’m out”

.

They do tend to say that alot

[Bathy]

Originally Posted by jimmy

Which is it then, 'Tough' or 'Covered' - Can't have it both ways mate.


Forgive me

But... we've paid around £600 getting our 'trademark' patented, so if anyone tried using it we'd be in a position to take action. It's all about 'covering' yourself against such things.