Halo Drama?

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AngiBe

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Guess I'm confused with all the bashing against Halo directly. Johnny Blaze's post clearly states the lawsuit is Nicopure, a company that owns several different ecigarette companies, Halo just happens to be one of them.

That's like saying for example, a new mayonnaise came out called Miracle Whippy and a lawsuit is filed against them BECAUSE of Miracle Whip not directly BY Miracle Whip.

All the Miracle Whippy lovers get mad at Miracle Whip which they should actually direct their anger at Kraft Foods. Halo, like Miracle Whip, is a subsidiary of a larger LLC company.

ETA... The mayo example was given specifically for a certain person that LOVES mayo;)
 
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chesty

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Hello all,
Unfortunately a heated debate has begun with only one side being represented. Instead of Atomized Labs trying to resolve this issue amicably, they unfortunately have chosen to escalate a situation that had originally contained many solutions, by posting a thread stating “Tell Corporate America that You Will Not Tolerate the Bullying of Smaller Companies! Drop Lawsuit against Atomized Labs, LLC Evolve E-liquid”. I really wish they would have contacted us directly to resolve this instead of taking this route.

Have you ruled out an amicable solution?
It looks to me like the suit was files on the 27th of Jan, and the petition was started a few days ago.
What would you like to see as the outcome?
 

440BB

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There are dozens of companies in this industry that wish they had trademarks in place to defend. Some are out of business because they didn't bother with this protection. Nicopure is doing what many companies do, and it will be resolved in due time. None of us knows exactly what led to this and what steps were taken preceding the lawsuit.

None of this has to do with the Halo products or trademarks. I couldn't care less about the Evo products.

Calling this a Halo drama is just trolling as far as I'm concerned. The Halo product line has been consistent for years and likely will survive the inevitable consolidation that will come as the latecomers looking for quick profits move on. I am glad to have a long term quality supplier of some of the best liquids I have used.
 

Yozhik

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There's a variety of reasons why a Plaintiff may file a lawsuit before sending a C&D letter. For example, it prevents a Defendant from filing for a declaratory judgement in a venue that is inconvenient to the Plaintiff. Another reason may be that Defendant is about to engage in possibly highly-damaging activity that needs to be at least temporarily restrained.

Imagine for instance you've been selling for years wines from your vineyard in California under the brand "Heaven". One day, you find out that a vineyard in New York has started early efforts to sell a competing wine under the brand "Heavenly". Heavenly has an online store, made some hats and t-shirts, and has now signed several distribution agreements that will put their Heavenly wines all over the country. However, the cases of Heavenly wine are still sitting at their vineyard.

As the owner of Heaven wines, you may feel that allowing those cases of Heavenly wines to reach those distributors will cause irreparable damage. After all, it's often distributors who do the heavy promoting of new products. Thus, in this situation, it could make a lot of sense for Heaven wines to file a lawsuit requesting an injunction against Heavenly, which could keep those cases of wine sitting safe at the vineyard. Also, Heaven is a California company. It could be a real hassle for them to have to litigate in New York, so by filing their lawsuit before the Defendant can request a declaratory judgement action, Heaven can secure venue in a much more convenient jurisdiction (e.g., California).

So is this what happened here with Evo and the Defendants? I honestly have no clue, but the example at least demonstrates that sometimes Plaintiffs have good reason to start with a lawsuit first, rather than sending a C&D letter.
 

chesty

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I'm not commenting on anything other than what I quoted from johnny blaze, and in particular

Instead of Atomized Labs trying to resolve this issue amicably, they unfortunately have chosen to escalate a situation that had originally contained many solutions, by posting a thread stating “Tell Corporate America that You Will Not Tolerate the Bullying of Smaller Companies! Drop Lawsuit against Atomized Labs, LLC Evolve E-liquid”

It sounds like the plaintiffs no longer want to settle the matter with goodwill, and want to blame evolve for that.

Yozhik is an interesting account, created soon after this thread was made.
 

stevegmu

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Wow. So many know so little about law, business or life, for that matter. A company protects itself, and they are demonized. What a shame. I don't know if it is the Entitled Generation who gave the Occupiers a bad name, or if it is the Occupiers who gave the Entitled Generation a bad name, but they seem to be one and the same...
 

TaketheRedPill

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Well I for one, have no clue why there was even a lawsuit happening. How can Halo own the term, "Evo" ? Evo is a brand of ecigarette that has been around a looooong time. As has the Intellicig's ECO-pure brand of eliquid. And how similar sounding is "Nico"-pure to "Eco"-pure? Thin ice and glass houses combined with paranoia seems to me.
 

stevegmu

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Well I for one, have no clue why there was even a lawsuit happening. How can Halo own the term, "Evo" ? Evo is a brand of ecigarette that has been around a looooong time. As has the Intellicig's ECO-pure brand of eliquid. And how similar sounding is "Nico"-pure to "Eco"-pure? Thin ice and glass houses combined with paranoia seems to me.

The other company closed; clearly they knew they were in the wrong...
 
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