Be careful publishing photo's of "The Edge"

[user 25446]

First there was The Pipe and then there was The Edge.

The Pipe was invented by Victoria Klopotova a Ukrainian master artist and incidentally one of Iryna's teachers. Klopotova developed this shape several years ago and patented the shape. While Iryna studied under her she taught her how to make The Pipe as well.

Then one of Klopotova's students modified The Pipe and created The Edge. Some would say that The Pipe is more elegant.

In the first issue of the new nail art magaazine, we will have - for the first time in the western nail press - a step by step by Klopotova that shows how to create The Pipe. I've just received her images for last minute insertion to the mag.

Whooowheeeewhooo! A scoop for the new nail art mag!

Now here's were it gets serious. While we were in Moldova at the comp, we were told by two reliable sources that the nail tech who "invented" The Edge - is allegedly taking schools in Ukraine to court over patent infringement. Apparently this is causing an uproar in Ukraine and has blackened this girls name.

Now I haven't inspected the patent records, and I don't live in Ukraine so this is hearsay. But from our side, we won't publish pictures of The Edge and take the risk - fortunately, we never have.

For the record, while Klopotova has a patent on The Pipe - she has no intention of using this to stop nail techs using this shape.

 

[The Geek]

I'm doubting that a nail shape could hold a patent that couldnt be swiftly challenged in court. TBH Seems kind of silly to me.

 

[the-male-geek]

I agree with Sam on this one. I think it would be like a hairdresser attempting to patent "The Bob" - or a play on that style.

Personally in a case like this I think imitation is the best form of flattery and to know in ones heart that they were the innovators of a particular shape should be reward enough.

Derek

 

[marioned]

Is there anywhere we can see a picture of "The Pipe"?

 

[Tracey Roberts]

I can't see this as being true ? but maybe it's something to do with the artwork, I read somewhere a very long time ago, that you can copy someones elses work even if it is coprighted, if you change a certain percent of the design?

 

[user 25446]

I was given the information by two well respected international judges. As this was given in their second or third language, it's of course possible that I misunderstood something. But I didn't misunderstand that some schools have been taken to court.

You may want to take a look at this I found in 10 seconds of Googling:
Structurally flexible artificial nails - Patent # 7506652 - PatentGenius

It refers to a nail form - but the intellectual property in that seems to me to be fairly similar to a nail shape created with gel or acrylic.

 

[The Geek]

From my brief glance, that is basically a dual layer press on tip. 1 layer that adheres to the natural nail and another that ticks adheres to the first layer. Not a 'look'.

In fact, I am pretty sure you can't patent a look anymore than you can patent a logo. You can copyright or trademark a logo, but to defend it would require you to prove it hasn't been used before. Hence the reason I said it would be fairly easy to defend against in court and it would cost a fortune to enforce.

Vidal Sassoon can be credited with the 4 core hair styles (that when combined will produce any hair style), but doubt he could have legally claimed a royalty from every hairdresser that cut hair.

Take pride in artistic innovation, but trying to patent so you can claim royalties/damages for the styles use? Seems to be a little silly to be honest. Especially considering all the combined talent that enabled someone to create a 'pipe' nail (heck, even a 'pipe' or 'edge' nail seems kind of silly to me).

Anyhoo... Just my 2 cents

 

[Gina Silvestro]

Hmmm... I wonder who can be credited for inventing the square nail or the squoval?

 

[Vanish]

The name of the tech who patented the edge shape is Valentina Denisenko- brrrrillliant artist,probably one othe "BESTEST"
The fact the shape is under patent does'n stop anybody from doing this type of nails or sharing pictures of them... however you CAN NOT to provide educational program "Edge Nails" - this will be illegal at least on the therritory of Ukrain, Russia... I don't know if the law the same here...
Of cause nobody will benefit from stopping the techs doing the edge nails, it the same if somebody would stop people from eating Lindt chocolate, you try it, you like it , you offer it to your family,frends ect...so they want to buy it as well... but can you produce chocolate with the same brand name?no...
the same way you are not allowed to teach you students to do the edge, as there is the sole educator who can do it... it is her piece of bread...

 

[angel fingers]

am i gonna be in trouble for having a tutorial on my blogspot then ?

 

[the-male-geek]

am i gonna be in trouble for having a tutorial on my blogspot then ?

Only if you tell someone it's there Susan - oops too late.......:lol:

Seriously I wouldn't worry about it - I've seen countless threads, posts and pics from many international nail artists referring to their "Edge" work.

 

[angel fingers]

Only if you tell someone it's there Susan - oops too late.......:lol:

Seriously I wouldn't worry about it - I've seen countless threads, posts and pics from many international nail artists referring to their "Edge" work.

will you all visit me in the russian prison?:cry:

i will take it off there if i'm asked, i dont want to disrespect anyones rights .
i only wanted to share it as i loved the style so much, not to do the designer out of anything. in fact i didnt know who was the designer, i just saw some pictures and was inspired to have a try and passed it on so that others could enjoy it.

 

[Vanish]

will you all visit me in the russian prison?:cry:

Hehesure I will, it would be easier for me than for most of geeks, but if it happens you will get into one in Ukrane?????:irked:
You are not recieving a commercial profit out of your tutorial... any way... It is silly...why should we be careful with publishing photos of edge? If I like it and can make it I wouldn't ask a permission to do a set and show my friends HOW i did it...it is totally legal!

 

[The Geek]

Actually, if it is truly 'patented' in your 'country' (or covered by a community mark) she could technically sue you for putting that shape on a client. She could also insit on roylaties for every time you did the shape. The fact is, it would cost a major sum to enforce and chances are it would be easy to defend.

The whole concept is not only silly, I think its actually pretty pants and offers nil value to anyone except maybe the owner as a way to try and control what other professionals can/cannot do. Again, the hair industry would be in a bad shape in Sassoon would have patented his styles. Then again, at least those were commercial

Are we sure its really patented? I have a hard time believing that patent app would have been approved.

I love artistic ingenuity. I loathe artistic control.

Thats just me

 

[ValencianNails]

Hmmm... I wonder who can be credited for inventing the square nail or the squoval?

That'll be me... and you all owe me a fortune :green: :lol:

I've got to agree re it being hard to enforce a patent on something like this...
What's next... "The Edge Police"?

At the end of the day, when we all produce a style of nail, it's our interpretation on the style that we create, not a carbon copy of the first one ever designed... isn't it?

 

[sian1979]

What's next... "The Edge Police"?

LMAO!!!!
neeeeeeee nawwwww neeeeeeee nawwwwwww!!!!!!!!!!!!!!!!!!!!

with the amount of pics of these nails floating about on the web.... i doubt very much that this will come to much

 

[user 25446]

The name of the tech who patented the edge shape is Valentina Denisenko- brrrrillliant artist,probably one othe "BESTEST"
The fact the shape is under patent does'n stop anybody from doing this type of nails or sharing pictures of them... however you CAN NOT to provide educational program "Edge Nails" - this will be illegal at least on the therritory of Ukrain, Russia... I don't know if the law the same here...
Of cause nobody will benefit from stopping the techs doing the edge nails, it the same if somebody would stop people from eating Lindt chocolate, you try it, you like it , you offer it to your family,frends ect...so they want to buy it as well... but can you produce chocolate with the same brand name?no...
the same way you are not allowed to teach you students to do the edge, as there is the sole educator who can do it... it is her piece of bread...

I don't know if Valentina Denisenko is brilliant or not. But I do know that she studied under Klopotova who invented the Pipe several years before, and that the Edge is basically the Pipe with minor modifications.

Ukraine and Russian is filled with some of the most talented nail artists, and Denisenko may very well be a very talented artist. But modifying someone's idea, not crediting them and then trying to restrict the use of that idea is not reasonable and it will not help Denisenko's reputation.

 

[Vanish]

Ukraine and Russian is filled with some of the most talented nail artists

The same way as UK and the rest of the world!!!

Actually, if it is truly 'patented' in your 'country' (or covered by a community mark) she could technically sue you for putting that shape on a client.

Well..the law can be different in all the countries. She can sue millions of people if you right:zzz:
Here you can have a look at Denisenko work
[URL="http://denisenkoac.com/"][URL="http://denisenkoac.com/"]The edge[/URL][/URL]
Why not to leave disscussion who is right and wrong to Klopotova and Denisenko?It is there bussiness...and we can simply enjoy the beauty of the nail industry.

 

[the-male-geek]

I've got to agree re it being hard to enforce a patent on something like this...
What's next... "The Edge Police"?

Now that sounds like a cooool job.

Q:"What do you do for a living?"

A: "Well, I don't like to talk about it, but actually I work for The Edge Police."

 

[The Geek]

Because a discussion regarding patented shapes was started, so I am discussing

Knowing a little bit about patents, I am simply pointing out that it is silly to patent a nail style and seriously doubt that a patent as such could even hold up as it would be fairly easy to establish prior art and that it is not novel.

Having a signature look, or pushing the boundaries on design is one thing which I very much applaud. Trying to use patents and other legalese to protect something like a nail shape I do not. God forbid I over-pinch my form when sculpting a stiletto nail. I could be sued!