Attack of the Hana Modz Clone. Let's wait together!

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CurlyxCracker

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Since we've now turned to trademark law, why doesn't Hana file for an (emergency) injunction? Seems that way they would prevent shipment of clones until the case is heard.

Problem is its with one company, more units sent to consumers, more damages, more damages, more money. That said I am almost certain this ordeal pertains specifically to logo units...
Also who's side are you on here?!
 

Fergie

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Problem is its with one company, more units sent to consumers, more damages, more damages, more money. That said I am almost certain this ordeal pertains specifically to logo units...
Also who's side are you on here?!

Right, it certainly doesn't help those on here that have paid for them.
 

s3rca

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I would be lying if I said I wasn't concerned right now. I ordered a logo unit back in April initially because I liked the Logo. As time went on my opinion changed but I didn't cancel because there was speculation most units were going to have that awful seam across the drip well and the logo unit was being advertised as a V3 1:1 with a back seam (this was before it came to light that both logo and non logo units were identical.) I would have cancelled then but I later found out I would be going out of country for work soon and cancelling and reordering might delay the receipt of my mod. At this point I either keep my fingers crossed that I receive my logo unit or cancel and reorder elsewhere and risk receiving my order while I am out of country.

I'm really regretting not following my urges way earlier on and jumping ship to elev8vape.

I sent Illvapes an email inquiring if logo orders are being affected. It's likely I won't get a response but I'll post here immediately if I do.
 
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CurlyxCracker

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I would be lying if I said I wasn't concerned right now. I ordered a logo unit back in April initially because I liked the Logo. As time went on my opinion changed but I didn't cancel because there was speculation most units were going to have that awful seam across the drip well and the logo unit was being advertised as a V3 1:1 with a back seam (this was before it came to light that both logo and non logo units were identical.) I would have cancelled then but I later found out I would be going out of country for work soon and cancelling and reordering might delay the receipt of my mod. At this point I either keep my fingers crossed that I receive my logo unit or cancel and reorder elsewhere and risk receiving my order while I am out of country.

I'm really regretting not following my urges way earlier on and jumping ship to elev8vape.

My opinion? I don't see them shipping logo units. They would be taking a HUGE risk. And by them removing all traces of the clones I don't forsee them taking that risk. I'd demand a refund and go to Elev8. Or see how you telling them their lawsuit isn't your fault, in an assertive manner, and you would like priority on a non logo unit and take the hit on the extra...
 

icebat

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101vape update

Update on the current status of the presale and expected ship times.


We have begun to get the Anah mods in from the manufacturer. So far we have received a partial shipment of Black and a very small number of Red just today.


If you ordered a Black mod and were in round one your mod is on it’s way. If you have not gotten tracking info for it yet you will have it soon. If you ordered a Black mod and are in round two your shipment has been prepared and will go out tomorrow, we will be sending out tracking info for the round two Black mod shipments as well.


We are expecting more to come in over the next week or two and will be sending them out the moment they get to us.We thank you for your patience and understanding. We will provide further updates if any of the details change.

Regards,
101 Vape Customer Service
 

foxshadowbox

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From 101vapes update on the current status of the presale and expected ship times.


We have begun to get the Anah mods in from the manufacturer. So far we have received a partial shipment of Black and a very small number of Red just today.


If you ordered a Black mod and were in round one your mod is on it’s way. If you have not gotten tracking info for it yet you will have it soon. If you ordered a Black mod and are in round two your shipment has been prepared and will go out tomorrow, we will be sending out tracking info for the round two Black mod shipments as well.


We are expecting more to come in over the next week or two and will be sending them out the moment they get to us.We thank you for your patience and understanding. We will provide further updates if any of the details change..

Sent from my SM-N900T using Tapatalk
 

armadillo

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I don't think it makes any difference whether or not the logo is on the mod. Trademark also covers the name and the product type. And you can get all inventive about new names. That does not matter. The original ads on the web were too close. So if any of the vendors ship these units, they are willfully breaching the law and their damages will be even more severe. If you receive your mod, good for you, but bad for the vendor who sent it out after being put on notice. Illvapes most certainly will not fill the orders unless they are crazy.
 

Fegbri

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I don't think it makes any difference whether or not the logo is on the mod. Trademark also covers the name and the product type. And you can get all inventive about new names. That does not matter. The original ads on the web were too close. So if any of the vendors ship these units, they are willfully breaching the law and their damages will be even more severe. If you receive your mod, good for you, but bad for the vendor who sent it out after being put on notice. Illvapes most certainly will not fill the orders unless they are crazy.
Please show me where it covers the product type? Thanks in advance.
 

armadillo

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Sure, no problem:

"What is a trademark or service mark and how do they differ from patents and copyrights?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration." (emphasis mine)

This is taken from the link below:

Trademark Basics

As a reminder, here is their registrations:

http://tess2.uspto.gov/bin/showfield?f=doc&state=4804:hhrllr.2.1

And this is what they have registered for:

"Word Mark : HANA MODZ
Goods and Services:Electronic nicotine inhalator; atomizers and cartomizers for electronic smoking devices; Battery-powered, rechargeable portable vaporizing units."

Oh, I forgot, you're very welcome.
 
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Fegbri

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Sure, no problem:

"What is a trademark or service mark and how do they differ from patents and copyrights?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration." (emphasis mine)

This is taken from the link below:

Trademark Basics

That means only they can use the mark in connection with the product, not the product itself. That is called a patent.
 

armadillo

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That means only they can use the mark in connection with the product, not the product itself. That is called a patent.

Okay, I'm not gonna enter into a lengthy discussion about this. But you are wrong and we will all see sooner or later how this plays out. The mark can only be used with their product and no one else can use Hana/Cana/Ahna or something similar for the same product. Patents for mods won't work.
 
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