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

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QuikWgn

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thats crazy if you think about it, because that means the owner from illvapes flew or drove all the way down to california just to sue a mom and pop shop... what a joke

Look at it this way...IF Hana could have produced the volume of real units that were pre-ordered clones, it would EASILY be in excess of $1,000,000. There are at least 4000 clones between Illvapes, Elev8, 101vape, and VaporTek x $250 retail for an authentic Hana. For a lot of companies thats worth suing for. As these devices were advertised on all the preorders as Hana clones using the word Hana, the picture of a Hana, hana modz on the power-up, and Hana on the tamperproof stickers, all the vendors are likely to be sued, even if the device you eventually get does not have any of those features because the Hana name and reputation were used to advertise the clones without permission.

There really aren't any other US vendors except maybe Evolv, ProVape, Precise, and one or two others that make enough money to be able to warrant a trademark lawsuit or that could afford it. most of the other mods that are heavily cloned are produced in countries outside the US, are cloned in China, and sold here, and with trademark protections, and varying jurisdiction for enforcement, would make it very difficult for Vicious Ant, as an example, to sue a US vendor for selling a clone.
 

Ellzey

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Do not let Illvapes fool you guys. When they are telling people no orders will go out then come out with the post about MAYBE being able to send some out and to hold off on refunds is all sketchy BS and i hope you all realise it. I doubt any will be sent. I'm also sure the lawyer behind Illvapes is telling them NOT to send them out.....This is a sinking ship do not let them go down with your money DEMAND a refund.
 

QuikWgn

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Initially pretty much all the pre-order vendors had a picture up of a Hana including the logo and added text in the description that they would come without the logo, then within a few days they photoshopped the logo's off, or used the logo-less pics from the Alibaba vendors pages. That is enough to warrant a lawsuit even if the pictures were later removed. The fact that all the youtube review video's the vendors posted showed tamperproof stickers with the Hana name and the HanaModz at power up also violate the trademark. I don't think it's coincidence that many of the vendors radically re-vamped their webpages for the clone just prior to the IllVapes lawsuit announcement. If they wait until some of these devices ship then file suit they can possibly file a larger damage claim because vendor "X" sold 1000 infringing units rather than suing them prior to any units being delivered.

BTW I was the first one to post ANY info regarding the initial pre-order for the clone (which was IllVapes) on ECF.http://www.e-cigarette-forum.com/forum/variable-voltage-apv-discussion/536658-s-s-vape-pre-order-hana-modz-v3-82.html#post12805446 so I have been following this longer than anyone at this point. Sorry guys!
 
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entoptic

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Having read this entire thread, parts of it several times, I've noticed a few things.
The posters are from one of three camps (if I miss a faction, please chime in):
1. illvapes customers that ordered the logo version are bummed because their orders are not being fulfilled. I almost ordered from them. In fact it was their review video that sold me on this device.
2. people that have ordered (logoless) from one of a few other companies that are anxious and excited about their pending orders.
3. clone haters.

I have a comment or 2 for each group.

1. illvapes: bummer:(( not just to the customers, but to the handful of folks that are scrambling to look for new jobs with an impending lawsuit. HANA is well within their rights, and might possibly (unlikely) keep people from infringing on their trademark in the future.
2. please keep the good christmassy vibes flowing!!! HA! I wanted black, but I figured it would look the worst when the dings and scratches start happening, so I ordered silver (hopefully there's no problem with that "color")
3. I get it. y'all paid more for the legit ones and hope that bad things happen for the cloners and the clone owners and the clone re-sellers. You're certainly entitled to your hopes and opinions. honestly we are talking about re-tasked (rechargeable and non-functioning) flashlights here, nothing more, nothing less. I own a photography business that relies heavily on copyright and IP laws to function. nothing prevents another photographer from imitating my style, subject matter, or even from standing at the same place at the same time of day, with the same lens, etc. their product can even be sold in the same or similar venues without any laws being violated. If that person were to say that they were me, however, they would be in violation of several laws (that seems to be the issue in this lawsuit). If a similar product or service is available to the consumer at a price or time frame that is more suitable to them, they have every right to buy or hire the other product/person. I expect that my composition, quality of work and style are what puts me ahead of the imitators.
Hopefully the original companies in question here didn't use readily available standardized parts and materials for their product, charge way too much and then hope that no-one would imitate or copy it because of a logo.....
 

lot17ss

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Do not let Illvapes fool you guys. When they are telling people no orders will go out then come out with the post about MAYBE being able to send some out and to hold off on refunds is all sketchy BS and i hope you all realise it. I doubt any will be sent. I'm also sure the lawyer behind Illvapes is telling them NOT to send them out.....This is a sinking ship do not let them go down with your money DEMAND a refund.

Yes. To all of this. Get your refund while you can!

Sent from my Nexus 5 using Tapatalk
 

truskme

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Nov 27, 2013
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Yes. To all of this. Get your refund while you can!

Sent from my Nexus 5 using Tapatalk

trust me,, im trying soooo hard to get a refund right now, i already sent them 3 emails about a refund since yesterday with no response yet. makes me wonder how some of you got contacted 10 minutes after sending....
 

s3rca

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Sep 9, 2013
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trust me,, im trying soooo hard to get a refund right now, i already sent them 3 emails about a refund since yesterday with no response yet. makes me wonder how some of you got contacted 10 minutes after sending....

I'm in the same boat. My most recent one mentioned that I'm not interested in store credit.
 

pharzus090

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trust me,, im trying soooo hard to get a refund right now, i already sent them 3 emails about a refund since yesterday with no response yet. makes me wonder how some of you got contacted 10 minutes after sending....

Im in exact same boat. I also called my bank yesterday to start a claim. They told me that if I do noy hear back from them in 30 days, then my bank will contact their back to abtain the $$$ back. So.... that being said, make sure you Bcc yourself of all of the emails you send to them, and keep a copy of that email they sent out last night begging everyone to use store credit instead of a refund. Also be sure to print your order status not showing canceled evey so often. All that will give you more leverage when filing the dispute. Especially if you prove you have sent numerous emails over thw coarse of a month with no response. Either way you will get your money back. It's less costly for Illvapes if they just refund you instead of dealing with chargebacks.

We are paying customers and are entitled to our money back when not receiving a product we purchased. Frankly there is nothing on there site I would even come close to buying, therefore store credit is worthless to me.

Sent from my SCH-I545 using Tapatalk
 

pharzus090

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May 3, 2014
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trust me,, im trying soooo hard to get a refund right now, i already sent them 3 emails about a refund since yesterday with no response yet. makes me wonder how some of you got contacted 10 minutes after sending....

You should have started out your post with "Trusk me,, im trying soooo hard" I would have LMAO soooo hard! :sly:

Sent from my SCH-I545 using Tapatalk
 

blueGrassTubb

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Could the hype be the result of producing a product that lots of people wanted to own? There's hardly ever any hype behind a product that is crap.

To be fair, much of the hype was before the v3 were released.

I'm not saying they're bad boxes (I wouldn't be in line for a clone of it if I thought so), but there have been a pretty large number of issues regarding the boxes for the numbers they have produced. That ratio seems a bit high.
 

blueGrassTubb

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Illvapes,

"In the event that we are unable to ship out the DNA 30 Box Mods, we will be happy to issue store credit with our guarantee that any items we have in stock will be shipped immediately."

That's not logical thinking man, due to unforseen event. Everyone should be refunded back, not store credits. Would you rather forced your customer to pursues Chargebacks? You will lose over $20 on each Chargebacks account. Just stating the truth.

Hope you guys be victorious in court.

This is their way of asking for help avoiding bankruptcy. I'm not sure they deserve that kind of generosity.

They clearly violated Hana's trademark and tried to trade in on the name. That's a pretty bad violation considering that Hama actually has their logo trademarked. There is no way they win in court.

These guys are up the creek.
 

blueGrassTubb

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With the other colors being hard to "Finish" and this just coming out at ship time - seems to me our poor vendors got lied to again. I thought they were ready to ship stock in all colors and not just the Black ones and a couple of red? Just making that point as it has not been said that I have seen and I must again say sorry to those who wanted some color and the vendors who got lied to and may have not been told until ship time "BLACK" was the main one that was coming!
Who ever gets there's first on here take a picture and post it for us :)

It's par for the course for virtually all manufacturers to use the ship date determined by everything going as planned with no setbacks. Rarely does it go that way unless you have lots of money and pull. Even Apple has problems ramping up production with their products, and they are the most valuable company in the world.
 

RichRod

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how i feel about this whole preorder thing
bth_Judge-Judy-Shake-My-Head-Gif_zps3e0e5a33.gif


had one ordered from illvapes, have been demanding a refund
ordered one from elev8 yesterday in red, we'll see..
 

truskme

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Nov 27, 2013
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Im in exact same boat. I also called my bank yesterday to start a claim. They told me that if I do noy hear back from them in 30 days, then my bank will contact their back to abtain the $$$ back. So.... that being said, make sure you Bcc yourself of all of the emails you send to them, and keep a copy of that email they sent out last night begging everyone to use store credit instead of a refund. Also be sure to print your order status not showing canceled evey so often. All that will give you more leverage when filing the dispute. Especially if you prove you have sent numerous emails over thw coarse of a month with no response. Either way you will get your money back. It's less costly for Illvapes if they just refund you instead of dealing with chargebacks.

We are paying customers and are entitled to our money back when not receiving a product we purchased. Frankly there is nothing on there site I would even come close to buying, therefore store credit is worthless to me.

Sent from my SCH-I545 using Tapatalk

i cant even go through a bank, i paid with a greendot debit card that i use only to purchase vape gear
 
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