One of the few things evolve has stated (they've gone so far as to even refuse to name who was suing them) is that they didn't get a C&D letter, just the lawsuit. Given the potential for libel, and the litigious nature of the situation, I don't expect them to lie publicly about this.
Halo Drama?
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One of the few things evolve has stated (they've gone so far as to even refuse to name who was suing them) is that they didn't get a C&D letter, just the lawsuit. Given the potential for libel, and the litigious nature of the situation, I don't expect them to lie publicly about this.
This is precisely my problem.
They have bypassed step 1 and 2.
Defending your intellectual property seems clever business practise. Being underhanded it just ....ty.
When you utilize step 1 and 2 it allows the defendant to comply on their own terms or possibly come to a compromise and remedy the situation directly. If they ignored a C&D and refused mediation and this ended up in court - sure no problem a valid C&D deserves respect, but when a larger company skips all the requisites and slaps someone with a lawsuit it smacks of them not particularly caring about the resolution. They know the smaller company doesn't have the funds to fight a federal lawsuit so they just chose the easy route and now a company has to go black and lose revenue while they work out the rebranding and rebuild.
Obviously evolve was trying to copy Evo with their branding and steal their customer base I mean Look how similar these are! /sarcasm
Competition isn't important, it's defending ones trademark. If you don't defend it vigorously, you stand to lose its exclusivity, which is what this lawsuit sounds like it's about.
I'm all for defending your trademark against a competitor who's trying to intentionally mimic you to sell products.
For example Alien Vision is the original seller of Boba's Bounty. It has been a popular juice for a very long time. A few years ago along came Alien Vapor and they started selling a juice called Boba's Bounty too. A lot of people who don't know any better, who has heard great things about the orignal Boba's Bounty ends up buying the Alien Vapor version, thinking it's the Alien Vision version. If Alien Vision sued Alien Vapor over trademark infringement I'd be cheering them right along, because Alien Vapor is a scummy company who's trying to deceive it's customers.
I think it's a long stretch to claim Evolve Eliquid copied your Evo trademark. The logo and juice bottles look nothing alike. Hell the names are not even alike, Evolve goes with the full version where you go with the first 3 words. You are also not the only Evolv(e) in the vaping industry. As a matter of fact I've never even heard of your "Evo" until this debacle. I've heard of Evolv and their Darwin mod long before you filed your trademark for "Evo". If I were to hazard a guess I'd say you saw how much money Evolv was making with Darwin and DNA and you thought why not capitalize on their success?
Also trademarking generic terms such as "Turkish Tobacco" or "Cafe Mocha" is just plain scummy.
There's trademark defending, and there's trademark bullying. We all know what you are doing. You can try to justify this with lawyers and technicalities, but in this day and age of virtually unlimited number of good juice makers, we can and will vote with our opinions and dollars. People who come on these message boards are usually the enthusiasts, and they're also the ones their friends and family consult when buying vape related stuff. You've just lost a crap ton of recommendations and the tiny company you sued will likely make quite a lot more money than before with their new brand.
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Sure, protecting a trademark is important. It's the way they're going about this that's angering a lot of us.
I don't even know halo was still a thing. Huh.
Edit: ecr is compiling a list of juice vendors that don't use Halo/Nicpure as their supplier or vow discontinued use of their supplies. I for one have no problem with protection of property but the way they went about it is asinine. Best of luck Halo, because after this your wallets will be hurting for a long while.
Edit: ecr is compiling a list of juice vendors that don't use Halo/Nicpure as their supplier or vow discontinued use of their supplies. I for one have no problem with protection of property but the way they went about it is asinine. Best of luck Halo, because after this your wallets will be hurting for a long while.
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I think it's important to make a distinction between the product and the company.
I like Halo juices. I think Torque 56 is a great tobacco juice. I always recommend it to new vapers looking for a good tobacco juice.
But I strongly dislike Halo/Nicopure's business practices. I think it's scummy and unethically hostile. That's why I'll stop recommending Halo products from now on, because there are other companies with great business ethics who make great juices too.
It's okay to like Halo juice, but it's important not to support them anymore.
This is ridiculous. Stupid trolls. You can be 100% sure they would have lost that lawsuit but they knew the other side probably doesn't have the "millions of dollars" to defend the own brand they tried to create.
Seriously everyone should contact vendors that carry any of these "Evo E-liquid" brands and tell them you'll boycott them.
To be honest I have never heard of them anyways.
You know their passion isn't in making good vaping products or e-liquids. They are only in it for the money and would rather spend it on suing their competition than beating their them through good products. Free market means competition and not trying to abuse ip laws to get ahead though bigger capital. Damn communists!
Ah, all the armchair lawyers have come out. Just going to sit back and watch this one unfold.
Wasn't my intention at all. I have had nothing but good experiences with Halo juices and their customer service. This situation is unfortunate, whoever the lawyer(s) was that decided it was a good idea to skip a C&D letter should be fired. Whatever happens won't impact my purchasing decisions since I enjoy the juices too much.
"we are simply trying to keep others from stealing the intellectual property we developed through years of hard work."
Surely you jest. It took the Halo team "years of hard work" to decide that you owned the term "evo"? I feel like I've seen the term "evo" a time or two before the advent of Nicopure. Am I mistaken? Also, how many years of hard work did it require you to determine that the term "evolve" must also belong to you?
Halo would do well not to talk to the community like we're stupid.
Surely you jest. It took the Halo team "years of hard work" to decide that you owned the term "evo"? I feel like I've seen the term "evo" a time or two before the advent of Nicopure. Am I mistaken? Also, how many years of hard work did it require you to determine that the term "evolve" must also belong to you?
Halo would do well not to talk to the community like we're stupid.
As with many lawsuits, many facts are unavailable to us all, and we're not likely to know the truth until the court transcript is made public, and even then, facts may still remain obscure.
I for one have been a long time customer of Halo, and have no problem understanding that the e-liquid market is pretty much a wild west frontier of new players left right and center, so seeing any kind of dispute pop up, really isn't a surprise. Stuff happens.
I'd encourage everyone to stop speculating, and wait and see. There's no sense in commenting further on this right now, especially with speculative comments like "EVO, really, that's a copyright?". C'mon people, use a bit more common sense here. These things will resolve themselves, appropriately.
I stand by Halo as my supplier. Speaking of which, my two Triton 900 batteries have reached the end of their life, after 15 months of dedicated service, and I'm looking forward to ordering replacements.
Have a super sparkly day!
I for one have been a long time customer of Halo, and have no problem understanding that the e-liquid market is pretty much a wild west frontier of new players left right and center, so seeing any kind of dispute pop up, really isn't a surprise. Stuff happens.
I'd encourage everyone to stop speculating, and wait and see. There's no sense in commenting further on this right now, especially with speculative comments like "EVO, really, that's a copyright?". C'mon people, use a bit more common sense here. These things will resolve themselves, appropriately.
I stand by Halo as my supplier. Speaking of which, my two Triton 900 batteries have reached the end of their life, after 15 months of dedicated service, and I'm looking forward to ordering replacements.
Have a super sparkly day!
I just wanted to stop in here and let Halo know they'll always have a customer in me. It was Halo that got me off cigarettes over two years ago and I will never forget that. I vape 30ml's of Prime15 every two weeks or so to this day - yes, my e-liquid tastes have evolved (no pun intended, seriously) and now much of my vaping is done using other companies' e-liquid, but Halo Prime15 will always be sitting right in the mix. To see all the ignorant complainers and me-too wannabe slactivists over on reddit is quite amusing - stupidity breeds stupidity, and boy oh boy is there a whole lot of stupid over there at the moment! If any Halo folks read this, I hope you know that these things happen somewhat frequently, and the outrage of the moment barely lasts more than a couple days, at which point the herd will move on to bashing whoever is next and praising whatever cheap e-liquid company has become their latest darling (typically by kissing a whole ton of ... and pretending everyone over there is the smartest vaper in existence while pumping out bathtub juice with cartoon characters on the bottles). Keep doing your thing!
claims like this are made all the time (Apple has a few that are quite laughable)
But i am confused about how the company is actually ran. Is halo a separate subsidiary of Nicopure (much like how tacobell and KFC are owned by the larger Yum! Brands?)
Or is Nicopure directly pulling all strings internally?
I am not quick to condemn a child for what their parent does. And some of the Halo juices are tasty. They are actually what got me more into vaping and off the crappy convenience store cigalikes
Not to mention I dont understand any of those legal links. But if its trademark of the simplified "evo vs Evolve" likes been stated..... I think its just messed up.
But i am confused about how the company is actually ran. Is halo a separate subsidiary of Nicopure (much like how tacobell and KFC are owned by the larger Yum! Brands?)
Or is Nicopure directly pulling all strings internally?
I am not quick to condemn a child for what their parent does. And some of the Halo juices are tasty. They are actually what got me more into vaping and off the crappy convenience store cigalikes
Not to mention I dont understand any of those legal links. But if its trademark of the simplified "evo vs Evolve" likes been stated..... I think its just messed up.
Oh man, always good to hear from the finest juice makers in my book to write again. But this kind of sent me some mixed feelings here. Jonny, listen well... Doesn't this seem just a little hasty perhaps?
Jonny Blaze, I hope you know what you're doing and what you're aiming for. A trademark is one thing (kinda like the similar to a law suit related of the dna 30 box mods clones), but a name that is different to a different adjustment is another. Now, if they're completely mimicking the same style of goods, recipe, and or it's trademark image, then that'd be a sure hit for the courts to decide.
Still a loyal buyer to your fine goods as I always have. I hope you decide well on what to do and know yourself if it's the right thing to do. Competition is competition, but one thing they'll never take away from you, Johnny is quality
Oh, and since we are all a party to the lawsuit we all know this as fact. Did anyone ask the dog? Perhaps the dog ate the C&D letter - and all other written attempts at communication prior to the lawsuit being filed. You know what lawyers like a lot? Sending paperwork via certified mail, return receipt, with a signature required.
Not based on any other information, just the letter posted here by themselves, I will try to never do buisness with them again. It might be considered normal legal action, but it's wrong.
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