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

[scartn]

If the injunction states stop all sales and distribution at XXXX date then XXXX is when they have to comply by, generally doesent matter if you paid already. In said case you are clearly entitled to a refund. Nothing a simple chat with your CC company cant take care of.

Thanks, that's what I thought. Just can't see how this would apply to items sold before the trademark was even applied for. It's like buying insurance after your house is on fire. I think it will hurt both company's by the time it's over.

 

[dr g]

Thanks, that's what I thought. Just can't see how this would apply to items sold before the trademark was even applied for. It's like buying insurance after your house is on fire. I think it will hurt both company's by the time it's over.

The trademark already existed before this incident, it existed the moment Hana started selling their mod. Especially now that the company has been notified of it, they would be setting themselves up for additional trouble if they continue to ship product.

 

[scartn]

The trademark already existed before this incident, it existed the moment Hana started selling their mod. Especially now that the company has been notified of it, they would be setting themselves up for additional trouble if they continue to ship product.

According to uspto.gov the trademark was filed for on 4/9/14.

 

[dr g]

According to uspto.gov the trademark was filed for on 4/9/14.

Trademarks do not only exist when they are filed for. They exist upon first use in the market. Unfiled trademarks are afforded protection as well. Regardless, as the mods have not shipped yet, to limit their future liability they should probably not ship them.

If they can prove they did not ship them, they may only be liable for refunding customers' money. If they do ship them, they may be liable for the cost of a genuine Hana mod for each one they ship, as that is the business Hana loses by them doing that.

 

[Sptz]

oh man.. illvapes really did disable the comments, thats gonna rub a lot of people the wrong way. first you act shady the entire pre sale dancing around the question of the manufacturer, then you stop updating completely and dont respond to anyone on facebook when every comment is basically people freaking out about the news that your company is getting sued and worrying about there mods... now you take away the one thing your customers have a right to... their voice? im honestly gobsmacked at illvapes right now, who's making there decisions? jesus as if disabling the comments would make a difference, the people have already voiced their opinions about your company so all disabling the comments is going to do is make you seem like your ducking the questions and get a lot of people angry. it is gut wrenching following elev8's facebook seeing there doing there job and sending out their mods on time as promised, while im over here stuck with dillvapes doing god knows what....

i sympathize with them i really do, they messed up and now have to deal with a lawsuit. but they still have an obligation to the people who's money there in possession of, they are being completely unprofessional how there going about things. one poster hinted to the idea that they might not be the sharpest tools in the shed, i beg to differ. i dont think there dumb, honestly... i think there just a bunch of dudes in there 20's who thought they could open up a shop and dont know how to handle running a business the proper way. your number one priority is always your customers, if they lose faith in you then you lose your business...

i apologize for ranting like this, but my frustration has come to a boil and i need to vent....

Ditto.

I'm in the exact same situation as you.

 

[scartn]

Trademarks do not only exist when they are filed for. They exist upon first use in the market. Unfiled trademarks are afforded protection as well. Regardless, as the mods have not shipped yet, to limit their future liability they should probably not ship them.

If they can prove they did not ship them, they may only be liable for refunding customers' money. If they do ship them, they may be liable for the cost of a genuine Hana mod for each one they ship, as that is the business Hana loses by them doing that.

thanks. Just trying to learn how these things work. So you don't have to spend the money to trademark something until after somebody else decides to use it to be protected?

 

[joecil]

Got a note from 101 vape that they have received a partial order and expect the rest with in a week or so. They have shipped the black ones from the first round and some to the second. They also got some in red, which I order but only a few so assume they sent those out on the first round as well. I'm in the 3rd round so expect mine about the end of the month or early in June.

 

[dr g]

thanks. Just trying to learn how these things work. So you don't have to spend the money to trademark something until after somebody else decides to use it to be protected?

You get better protections after you register it, but you get state and some limited federal protections for unregistered trademarks (Unregistered trademark - Wikipedia, the free encyclopedia). I think he could have sued them to stop importation and sale, but I think damages might have been limited to California customers. With federal registration damages would be nationwide.

Probably upon seeing the clones he filed the trademark, which was probably the smart thing to do.

 

[truskme]

can we honestly stop talking about trademarks and copyright law... we get it, there getting sued... lets move on already

 

[chief63]

I got a tracking number from 101vape this morning. I had black in the 2nd round. Looks like they got mostly black and a few red in the first shipment.

 

[rudedog]

serious with the(our U.S.) government we have not following any of them.especially our fearless LOSER in chief!

You've been looking as some of the same stuff as I....your comments are spot-on.....patent pending is another term that comes to mind....and protection under US laws matters.....

 

[rudedog]

I WAS IN opps sorry was in that situation,call your creditcard company and they will refund your money.i explained that after ordering and the deliver date came an went then they wouldn't answer emails,txts messages or phone calls.the CC company gave my money back.thats how CC are supposed to work...Rick

Ditto.

I'm in the exact same situation as you.

 

[dr g]

can we honestly stop talking about trademarks and copyright law... we get it, there getting sued... lets move on already

There's probably no real moving on from this. How far this goes depends on exactly what they are suing over and how successful they are; if they bring successful trade dress, it could be pretty far-reaching. In any event importation could be stopped by customs and importers (including individuals) would be liable.

This could be really important as far as the clone market as a whole. Counterfeiting is rampant in the vaping industry, one wonders if that will last forever.

 

[rudedog]

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.

me thinks illvapes blasted with ALL the preorder monies and is ona beach with an umbrella in a drink!!20some year olds??don't seem far fetched to me.hope not but some of these kids nowadays say they don't kno any bettr...Rick

 

[MrPlink]

Somebody Who has been watching this thread told me that its been like watching a 4 hour movie based on Jar Jar binks...

"Who is the more foolish? The fool, or the fool who follows him?"

 

[Sptz]

I WAS IN opps sorry was in that situation,call your creditcard company and they will refund your money.i explained that after ordering and the deliver date came an went then they wouldn't answer emails,txts messages or phone calls.the CC company gave my money back.thats how CC are supposed to work...Rick

Don't have a CC, only a debit card which is what I used to, the bank can probably still reverse the payment, can they not?

 

[truthhurts]

Wow is everyone doing chargebacks from illvapes now? Right after they got sued?

 

[s3rca]

I'm going to give them until this afternoon to respond to my emails or send a mass update out otherwise yes, I'm going to begin a charge back.

 

[dr g]

Wow is everyone doing chargebacks from illvapes now? Right after they got sued?

If you have grounds, it's probably a smart thing to do ...

 

[Ohiogators]

I got a tracking number from 101vape this morning. I had black in the 2nd round. Looks like they got mostly black and a few red in the first shipment.

The first meaningful post in this thread for 10 pages.