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

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retird

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Lol. If you want, I will do. They are ugly 3 are 4$ flaslight converts, but they are working mods, made from flashlight guts and ego tops. The other two, one is made from an altoids box, the other is wooden, and some jb weld.

Yep I'd like to see at least the altoid and wood one....I only made one wood.....
 

retird

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Here is just an informational video about the DNA30 by pbusardo (clone operates in a similar manner, for the most part, and no similar video is available for the clone yet)....all those already familiar with the dna may not find much new but am posting mainly for those who come here and are not familiar or are just learning about the a dna device. It may be helpful to them...

 
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CurlyxCracker

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This thread has more twists and turns than a Saw movie! It really doesn't matter when Hana filed their trademark.... They have every right to protect
or at least attempt to protect their IP... Do I agree with their tactics? Not at all. I wish the best for all involved, customers above all..
 

BigDaddyQ

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This thread has more twists and turns than a Saw movie! It really doesn't matter when Hana filed their trademark.... They have every right to protect
or at least attempt to protect their IP... Do I agree with their tactics? Not at all. I wish the best for all involved, customers above all..

The problem is they have only applied for the trademarks. The applications are still being processed and have not been "registered" or granted yet. The trademark applications have not even entered the "dispute" stage yet. As for their IP, they have filed no patents for their device. The chip is patented by Evolv, not Hana, so they can't sue over that. And filing a lawsuit over a box with buttons would be difficult, especially without a patent if it could even be patented.
 

jd1978

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@ retird. Here's my very first flashlight mod. Tis ugly, but it worked to prove I could do it. I made this one before I even owned a mech or vv device, egos only then.
ry7u4u4e.jpg
ma8egaqa.jpg
egy5yqeq.jpg


I tried to figure out how to pm to you these pics to keep from putting on web. Didn't work lmao!

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Steamer861

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Reading all the post with people having issues makes me feel like I'm one of the lucky ones :) I have bin bringing my ( black Wet Vapes)clone to work every day for a week now I all ways bring a back up authentic DNA 30 mod but have never had to use it :) A VTC5 last me all day and the clone works flawless except for the double click out of sleep mode My green and red lights work if you stand the clone up and look straight down the screen to the left you can see the lights :) I really think this was a deal thats hard to beat :)
The Finnish is all scratched up but it's a rough environment were I work have a look
1a99e50f-3c5b-40af-bd10-dc6ad37f2ce5.jpg
[/URL][/IMG]
 

CurlyxCracker

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The problem is they have only applied for the trademarks. The applications are still being processed and have not been "registered" or granted yet. The trademark applications have not even entered the "dispute" stage yet. As for their IP, they have filed no patents for their device. The chip is patented by Evolv, not Hana, so they can't sue over that. And filing a lawsuit over a box with buttons would be difficult, especially without a patent if it could even be patented.

federal and state registration: A trademark does not need to be registered for the owner to prevent others from using a trademark or from using a confusingly similar mark. Federal registration provides certain legal advantages to the owner when pursuing infringers. One advantage is that it provides a constructive notice to the public which prevents anyone from claiming that they did not know the mark existed. Federal law preempts state law so any state registration performed in addition to federal, is for purposes of notice only.

Source: http://www.trademark.iastate.edu/basics/
 

BigDaddyQ

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federal and state registration: A trademark does not need to be registered for the owner to prevent others from using a trademark or from using a confusingly similar mark. Federal registration provides certain legal advantages to the owner when pursuing infringers. One advantage is that it provides a constructive notice to the public which prevents anyone from claiming that they did not know the mark existed. Federal law preempts state law so any state registration performed in addition to federal, is for purposes of notice only.

Source: Trademark Legal Basics : Trademark Licensing Office

Ahh yes, but, and here's where it will take a Judge to decide, Hana has to prove that the people that are selling the clones were using the trademark to trick people into thinking they were buying authentic product. As for the photoshopped picture of the Hana mods, that's a no brainer. And they'll end up paying for that one. The only question is over the use of the trademark in the advertising and I'll leave that for the lawyers to decide. I was not saying they can't sue based on not having registered the trademark. I was only pointing out the strangeness of waiting till February to register it then only a few months later, start filing lawsuits. The timing appears to be retaliatory instead of protective. And again, note that they did not send cease and desist communications to the companies in question. Most companies follow the standard protocal of sending cease and desist first. Hana did not. Thus strengthening the opinion of quite a few here that this is a money grab. As I stated earlier, I fully believe they have the right to do what they are doing. I just detest their methods.
 
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retird

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Ahh yes, but, and here's where it will take a Judge to decide, Hana has to prove that the people that are selling the clones were using the trademark to trick people into thinking they were buying authentic product. As for the photoshopped picture of the Hana mods, that's a no brainer. And they'll end up paying for that one. The only question is over the use of the trademark in the advertising and I'll leave that for the lawyers to decide.

(edit...my bad) Just conversation at this point to me...the courts will decide..... like others say.... bring on lots of popcorn....:):) Me thinks more lawsuits are coming...
 
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CurlyxCracker

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Ahh yes, but, and here's where it will take a Judge to decide, Hana has to prove that the people that are selling the clones were using the trademark to trick people into thinking they were buying authentic product. As for the photoshopped picture of the Hana mods, that's a no brainer. And they'll end up paying for that one. The only question is over the use of the trademark in the advertising and I'll leave that for the lawyers to decide. I was not saying they can't sue based on not having registered the trademark. I was only pointing out the strangeness of waiting till February to register it then only a few months later, start filing lawsuits. The timing appears to be retaliatory instead of protective. And again, note that they did not send cease and desist communications to the companies in question. Most companies follow the standard protocal of sending cease and desist first. Hana did not. Thus strengthening the opinion of quite a few here that this is a money grab. As I stated earlier, I fully believe they have the right to do what they are doing. I just detest their methods.

I don't think they'll ever make it trial. They'll more than likely settle out of court. And in my experience, a judge likes to see things not escalate to trial without attempt to rectify the situation out of court. In the event of this making it to court the C&D issue may very well come into play, although they aren't obligated to send one. Not to mention, it's just good practice imo.
 

retird

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I don't think they'll ever make it trial. They'll more than likely settle out of court. And in my experience, a judge likes to see things not escalate to trial without attempt to rectify the situation out of court. In the event of this making it to court the C&D issue may very well come into play, although they aren't obligated to send one. Not to mention, it's just good practice imo.

What I wonder is when the first suit hit how many vendors even contacted an attorney to see what their own exposure might or might not be..??? Surely would have got my attention I think....
 

pharzus090

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That's what I thought. Still done with them, they haven't refunded me for one of my clones.
I just submitted all of my paperwork with my bank. I put all of my email correspondence, and screenshot showing showing order status as refunded along with a very detailed letter explaining my communication over the course of the last month. withing 10 days my account should be credited. keeping my fingers crossed :)

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retird

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Bet 101 is glad they were smart enough to never use the exact name, logo, or images (only had the cloupor unfinished production pics) on any of their presales.

Thinkin' they may not be clear either as they named their mod anaH Modz...... Hana spelled backwards and a capital letter at the end of anaH and Modz spelled just like the real one....
 

pharzus090

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COURT DOCUMENTS GO PUBLIC: HANA WANTS $150,000.00

hana modz v daily vape steals.pdf
I believe they have the right to sue, however I also am very angry with the statement in section 19. stating that they are deceiving the public into thinking they are buying hana modz products. they did used their TM material, however it was also blatantly obvious that you as a consumer were NOT purchasing an authentic hana modz product.

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CurlyxCracker

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What I wonder is when the first suit hit how many vendors even contacted an attorney to see what their own exposure might or might not be..??? Surely would have got my attention I think....

I know for a fact a handful of vendors didn't bat an eye. I spoke to a few personally and they were confident the fact they didn't use a logo'd mod absolved them from any infringement.
 

xtwosm0kesx

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Thinkin' they may not be clear either as they named their mod anaH Modz...... Hana spelled backwards and a capital letter at the end of anaH and Modz spelled just like the real one....

0% chance they file a suit against 101, they'd never win it, the other cases are relatively straightforward.

As far as i can tell they don't own the term 'Modz' unless used in the conjunction with 'Hana' and proving damage to your brand by someone using a reversed version of your name is going to be pretty tough.

They're suing the other vendors on the premise that, by using not only the exact name, exact logo, and apparently even photoshopped original hana pics, they have implied they are selling an authentic product which directly damages the Hana brand/their bottom line.
 
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