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Tesla's attorney wants me to stop making charging adapters

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Well, I didn't anticipate this. Today I received a letter from Tesla demanding that I stop selling Tesla-compatible charging adapters.

First a little background: I've always been interested in electric cars, and as soon as I bought my first EV I realized there was a need for adapters so people can plug in at home and on the road. After making my own adapters so I could charge the car off my home's dryer outlet without having to spend thousands to install a charging station, I started selling a few of those homemade adapters online. At that time there was very little charging infrastructure. Later I started making adapters for Tesla vehicles as well, and bought my own Tesla. I love my Tesla and want to help others maximize their enjoyment of electric driving.

A couple years ago I started working with a factory to design and manufacture Tesla-compatible adapters that actually plug in to the UMC provided with the car and automatically set the correct charging current. These adapters are much safer as they reduce the risk of overloading a circuit and they work pretty much the same as the OEM adapters. You can buy adapters for most of the common outlet types directly from Tesla, but if you need to plug into any other type of outlet you'd normally have to use an adapter with a 14-50 plug or something similar. Daisy-chaining adapters in this way is not optimal. I wanted to fill that gap with the ultimate goal of helping to enable Tesla drivers to literally charge anywhere and as safely and conveniently as possible. For example, some of my most popular items are the TT-30 and NEMA 6-30 adapters, which plug directly in to the charging cord and automatically set the amperage to 24A.

I have never used Tesla's logo in advertising these products, and have never implied that my company is affiliated with Tesla. It seems to me that one of their lawyers is a bit over-zealous or something. I'm only one person trying to make a difference in the world and making a living doing what I love. To the best of my knowledge, I have not operated deceitfully or broken any laws. I believe offering these adapters is no different than any company offering aftermarket accessories. Would Sony get upset that another company is making batteries that can be used in their cameras? Maybe, but they have no right to prevent them from doing so. I think what I'm doing is similar. Even if were to make use of Tesla's patents, which I don't believe I am, Elon has made it clear that it's OK if I do it in good faith for the betterment of the EV community (All Our Patent Are Belong To You). The adapters I make are similar to Tesla's adapters but they are a bit different in appearance and design. I'm not competing with Tesla - I love what Tesla stands for and what they make, and I'm only trying to expand access to charging options for Tesla drivers. Fortunately I know some good attorneys happen to be right here on the forums, and I would really like to read any contributions you wish to make to the discussion.

Here's a visual comparison of my adapters vs Tesla's OEM adapters:
compare-gen1.jpg
compare-gen2.jpg


Finally, here's a copy of the letter I received, for your review (click on the thumbnails to enlarge them):



(In case you're curious what "exhibit A" is that they're referring to in the letter, it's simply a screen-capture they included which is showing the search results for "Tesla" on my website.)
 
...Tesla demanding that I stop selling Tesla-compatible charging adapters....

I think it's idealism talk when it was young but now, it's all about business.

1) Name and Brand:

Your website mentions lots of its name and brand but there's no easy way to see that it's no way related to Tesla.

2) Please note that Tesla claims Intellectual Property, not Patent.

3) Unfair Business Practices: I guess that's the same as #1 above.

I am no legal expert but I guess I would shut down the site for now. Hire a lawyer to negotiate with Tesla to see whether Tesla is open to demand some corrections to keep you alive or to kill your business off with no allowance for any corrections.

If Tesla just wants to kill your business, your lawyer should be able to legally do corrections on those 3 charges above.
 
I second that. You need to get a lawyer. I know from previous experience with another product that you need to put verbiage on your site making it clear you are not affiliated with Tesla in any way (or any other product you make adapters for). Tesla wants to make sure they are 100% in the clear if someone has a fire using one of your adapters.

As for impinging on Tesla's IP rights, an IP lawyer can answer the question better than I can, but if you are just interfacing between Tesla and a common outlet type you probably have wiggle room. Apple tried to make their lightning connectors proprietary by making their devices sense something in the Apple cables, but aftermarket makers reverse engineered whatever the devices were detecting and 3rd party lightning cables are now common.

Unfortunately you're probably in for some legal hassle.
 
IANAL, but I think they're kinda mealy-mouthed about the "intellectual property" claims. AFAIK, "IP" is either patents, trademarks, or copyright. As you've indicated, they've released their patents, so they can't claim you are using any patented work without permission. The design of the products are definitely not a trademark issue. That leaves copyright. Can they copyright the physical design of the UMC plug? I don't think so, I don't think it's a creative work. I'd have your lawyer ask them exactly what IP you are violating and go from there.

Trade secrets are also IP, but since there's nothing 'secret' about the adapter plug, I'm not sure that qualifies either.
 
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Reactions: Big Earl
Even if were to make use of Tesla's patents, which I don't believe I am, Elon has made it clear that it's OK if I do it in good faith for the betterment of the EV community (All Our Patent Are Belong To You).

Just make note that that only applies to a specific list of patents, not all of their patents.

I believe offering these adapters is no different than any company offering aftermarket accessories. Would Sony get upset that another company is making batteries that can be used in their cameras? Maybe, but they have no right to prevent them from doing so.

I think Apple requires companies to license their technology to be able to create accessories that use the custom connectors on their devices. So this isn't unheard of.
 
First, I support your site and have bought some products from you.

Your site uses "Yesla" for an item that might be interpreted as deceptive copy of Tesla. YESLA: Tesla-powered Portable 120-240V 32A J1772 Charger EVSE – EVSE Adapters.

Nowhere is Tesla followed by a TM symbol. Tesla Model S / X / 3 Gen 2 Charging Adapters – EVSE Adapters

I do not see any disclaimer text "EVSE Adaptors is not affiliated with Tesla yada yada..."

The letter is mostly boilerplate and obviously no one has actually looked at your site.

The issue of possible patent violations is complicated, and just because Tesla says they are open source does not mean you can "infringe" on them willy-nilly without review. I would guess you may still need a license to use them, even if there is no fee. Look at the 3rd bullet point on Privacy & Legal | Tesla "marketed or sold any knock-off product (e.g., a product created by imitating or copying the design or appearance of a Tesla product or which suggests an association with or endorsement by Tesla) or provided any material assistance to another party doing so."

Search Patents - Justia Patents Search shows hundreds of patents for charging.

"Common sense" is most definitely not part of patent law.
 
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The letter looks rather vague to me. Maybe I'll write a letter back asking for clarification. Adding the disclaimer that I'm not affiliated with Tesla is a good idea - I have just added that today.

As it's been requested, here's the "exhibit A" (click it to enlarge):

 
The letter looks rather vague to me. Maybe I'll write a letter back asking for clarification. Adding the disclaimer that I'm not affiliated with Tesla is a good idea - I have just added that today.

As it's been requested, here's the "exhibit A" (click it to enlarge):

I don't see how you would think the letter looks vague. It's as clear as daylight. It wants to shut you down because of the charges they mentioned.

Exhibit A is also very clear to prove their points.

"NEMA 6-50 Adapter for Tesla Model S and X Gen 1" does not allow consumer an easy way to know that this is not an adapter from Tesla despite the words "for Tesla Model S and X Gen 1".

There's no easy way for consumers to know that the site has not a partnership with the name and brand Tesla Model S and X.

Also the third item from left:

"YESLA: Tesla-powered Portable 120-240V 32A J1772 Charger EVSE" can confuse consumer for the first misspelling "Yesla" but then there's no way for consumers to know that this product with the words "Tesla-powered..." is having no relationship with Tesla business...
 
Well, I didn't anticipate this. Today I received a letter from Tesla demanding that I stop selling Tesla-compatible charging adapters.

First a little background: I've always been interested in electric cars, and as soon as I bought my first EV I realized there was a need for adapters so people can plug in at home and on the road. After making my own adapters so I could charge the car off my home's dryer outlet without having to spend thousands to install a charging station, I started selling a few of those homemade adapters online. At that time there was very little charging infrastructure. Later I started making adapters for Tesla vehicles as well, and bought my own Tesla. I love my Tesla and want to help others maximize their enjoyment of electric driving.

A couple years ago I started working with a factory to design and manufacture Tesla-compatible adapters that actually plug in to the UMC provided with the car and automatically set the correct charging current. These adapters are much safer as they reduce the risk of overloading a circuit and they work pretty much the same as the OEM adapters. You can buy adapters for most of the common outlet types directly from Tesla, but if you need to plug into any other type of outlet you'd normally have to use an adapter with a 14-50 plug or something similar. Daisy-chaining adapters in this way is not optimal. I wanted to fill that gap with the ultimate goal of helping to enable Tesla drivers to literally charge anywhere and as safely and conveniently as possible. For example, some of my most popular items are the TT-30 and NEMA 6-30 adapters, which plug directly in to the charging cord and automatically set the amperage to 24A.

I have never used Tesla's logo in advertising these products, and have never implied that my company is affiliated with Tesla. It seems to me that one of their lawyers is a bit over-zealous or something. I'm only one person trying to make a difference in the world and making a living doing what I love. To the best of my knowledge, I have not operated deceitfully or broken any laws. I believe offering these adapters is no different than any company offering aftermarket accessories. Would Sony get upset that another company is making batteries that can be used in their cameras? Maybe, but they have no right to prevent them from doing so. I think what I'm doing is similar. Even if were to make use of Tesla's patents, which I don't believe I am, Elon has made it clear that it's OK if I do it in good faith for the betterment of the EV community (All Our Patent Are Belong To You). The adapters I make are similar to Tesla's adapters but they are a bit different in appearance and design. I'm not competing with Tesla - I love what Tesla stands for and what they make, and I'm only trying to expand access to charging options for Tesla drivers. Fortunately I know some good attorneys happen to be right here on the forums, and I would really like to read any contributions you wish to make to the discussion.

Here's a visual comparison of my adapters vs Tesla's OEM adapters:
compare-gen1.jpg
compare-gen2.jpg


Finally, here's a copy of the letter I received, for your review (click on the thumbnails to enlarge them):



(In case you're curious what "exhibit A" is that they're referring to in the letter, it's simply a screen-capture they included which is showing the search results for "Tesla" on my website.)



You have a Snazzy house - but no TESLA parked out front - that's the problem/
 
Well, I didn't anticipate this. Today I received a letter from Tesla demanding that I stop selling Tesla-compatible charging adapters.

(In case you're curious what "exhibit A" is that they're referring to in the letter, it's simply a screen-capture they included which is showing the search results for "Tesla" on my website.)

Cool product. Can you explain exactly how these adapters are working? How does it register the amount of current to the UMC? I see your other post - "2 signal wires" - so what do these 2 signal wires connect to? A chip?

In regards to "all your patents", what they are implying here is that either Tesla has not patented the adapter or that you are using some other IP. If they have patented the adapter there's not much for them to stand on.

Most likely, this is just a formality for them to protect their customers in the case where you have a fault with one of your products, they feel obligated to send the letter but not sue. If they do not send the letter, then they may give you some rights over time.

Also, if you are selling these adapters at a higher price point ($85), how does it make sense for you to manufacture and sell them? One can buy the adapter direct from Tesla at $35 and on ebay for $60. The extension cords and other adapters are cool.
 
...Also, if you are selling these adapters at a higher price point ($85), how does it make sense for you to manufacture and sell them? One can buy the adapter direct from Tesla at $35 and on ebay for $60...

Tesla shop may not have some adapters ready in the inventory. Communications/shipping timeliness may be poor at Tesla shop. Some owners just want to bypass the hassles and pay more instead.