Let me put this in simpler terms. If you decide to get a stripped down version of the cloupor clone (no logo, no stickers) and you put up a website entry that says "hana modz clone: $69" you are misusing the trademark right there. Let's say you call it "Chana Motz clone: $69" you will still be violating the trademark. The reason is that you are still too similar to the the trademark.
Attack of the Hana Modz Clone. Let's wait together!
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They clearly imported them. That alone is a violation. The presale clearly establishes intent to sell and distribute, so no challenge there.
And yes, you would be selling stolen property even if you never completed the transaction not to mention you would be in possession of stolen goods which is illegal in and of itself.
I called them prior to making my order and watching this thread for a while. The dude on the other end sounds so baked ie stoned off his backside to me. Being from san diego I was gonna order from a home town shop. But after that brief interaction I was not going there. I called Arlind he was helpful and earned my bussiness.I get the distinct impression the people at Illvapes are not the brightest people in the world.
Im not a huge legal guy either but have called my cousin she is a lawyer for the state of california and knows the law pretty well. I spoke to Arlind again Today not worried about my 70 bucks or the mod but him and his people. He seemed to be hard at work picked up the phone second ring. I apologized for bugging him I know he is busy trying to get everyone their product. Be calm things are what they are. Unless you paid in cash in a dark alley for this preorder you will be safe. I did laugh at all the banter in this thread has actually taken away from my company and work time. I also being a entrepreneur contacted clopour to get in on this action they said that they are going to have all colors and mods shipped and back stock very soon. I order god darn green why I have no idea but I did luckily Arlind said that was the least popular color and I had a good chance to get mine soon. In the the word of Nick Green keep calm and vape on.carry on please with the banter.
Just in case anyone is interested in some of legal stuff. This link is short and informative: Trademark Infringement (BitLaw)
Jesus H not this again.
The last ten pages of this thread has been Armadillo and others bickering about trademark crap....
The last ten pages of this thread has been Armadillo and others bickering about trademark crap....
Illvapes is a gonerI wonder if they will give refunds to their customers or claim bankruptcy and keep the money and close shop
https://www.rfcexpress.com/lawsuits...6/hana-modz-llc-v-illvapes-llc-et-al/summary/
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.
where does this put fasttech ??
still selling and using the logos
$52.00 HANA MODZ Pack DNA 20 Style Mod - 1*18650 / 7W-20W at FastTech - Worldwide Free Shipping
still selling and using the logos
$52.00 HANA MODZ Pack DNA 20 Style Mod - 1*18650 / 7W-20W at FastTech - Worldwide Free Shipping
Just saw the official court papers... Nice. Money down the drain 
will never ever order something from a shop that isn't well reputable, they were always super shady.
will never ever order something from a shop that isn't well reputable, they were always super shady.
China. Where the Hana Modz trademark doesn't exist. It's trademarked in US
Wonder where this will all play out and who needs TV when we have Pre-orders like this!
Just saw the official court papers... Nice. Money down the drain
Contact your credit card company. If anyone has the actual filed paperwork I'd love to see it. But I'm not paying an $10 for curiosity...
Sorry, I meant that official gov website with the initial process.
I'm pretty worried now, don't really care about the bloody mod, just thinking of we'll ever see that money back.
Illvapes have always been nothing but super shady with me on our emails exchanges.
I'm pretty worried now, don't really care about the bloody mod, just thinking of we'll ever see that money back.
Illvapes have always been nothing but super shady with me on our emails exchanges.
Illvapes is a goner
https://www.rfcexpress.com/lawsuits...6/hana-modz-llc-v-illvapes-llc-et-al/summary/
That may be the end result of the case should a trial go through but that does not have to be a mechanic of pre restraining order NOR injunction
If you think about it, and I admit I kind of didn't think about this when I first heard about ... it's pretty stupid for any American company to sell clones/counterfeits of another American company's products. That's asking for at least a C&D letter. Is there another such clone product being sold by US companies?
We're all so used to casually violating trademark overseas, but once the products hit American shores and are sold by American companies, federal law is being broken!
We're all so used to casually violating trademark overseas, but once the products hit American shores and are sold by American companies, federal law is being broken!
Illvapes is a goner
https://www.rfcexpress.com/lawsuits...6/hana-modz-llc-v-illvapes-llc-et-al/summary/
Tons. Look at the mechs and RDAs.
Patriot, King, Tree of Life, Flip the list goes on and on
hmm, i should have known, tbh I can't tell one mech from another
I guess companies have escaped trouble due to producers' simple lack of legal pursuit. I wonder what the reason is? I have my suspicions.
The case of the Hana clone feels different from cloned attys and tube mods. And it doesn't surprise me that this is the first one (that I know of) that has produced legal repercussions.
Somebody Who has been watching this thread told me that its been like watching a 4 hour movie based on Jar Jar binks...
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....
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....
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