Hana Modz awarded $300k in copyright battle

Status
Not open for further replies.

Rizzyking

Ultra Member
ECF Veteran
Verified Member
Aug 15, 2013
1,391
1,956
East Midlands, United Kingdom
They are only protecting the hana logo not the box design so as long as the cloners put another logo on job done I don't see this as much of a victory to be honest and hitting venders is all well and good but what about online no customs service anywhere in the world has the capability to intercept and examine every package from China without slowing delivery to a crawl.
 

elbakan1

Moved On
ECF Veteran
Jan 18, 2014
277
487
Cape Coral, Florida.
I beg to disagree with some of you, my fellow vapers.

If branded or not don't mean a thing. If it walks like a duck.......

We have a very easy case with a competitor that dared to put his brand in our product.
With minor changes. No dice. They're willing to settle from the get go. We don't.
We want blood. Red, unadulterated blood.

Problem is, if you let one slide, the avalanche is unstoppable.
It's like the loan sharks. They really don't want to hit people. All they want is their dough.
But you need to set a precedent, once in a while, just to keep the other customers honest.
At the end we will lose money. But will preserve the integrity of the brand.
 

Vatigu

Senior Member
ECF Veteran
Jan 6, 2015
157
169
Toronto, On, Canada
If I read that right the case was decided by default... Failing to defend yourself doesn't really set a precedent as there was no decision made - the judge just awarded the plaintiff for showing up... It's obvious the case had merit so they just awarded it and closed the book.
This is unlikely to be used as a precedent anywhere else...
 

dr g

Moved On
ECF Veteran
Mar 12, 2012
3,554
2,406
Paradise
I beg to disagree with some of you, my fellow vapers.

If branded or not don't mean a thing. If it walks like a duck.......

We have a very easy case with a competitor that dared to put his brand in our product.
With minor changes. No dice. They're willing to settle from the get go. We don't.
We want blood. Red, unadulterated blood.

Problem is, if you let one slide, the avalanche is unstoppable.
It's like the loan sharks. They really don't want to hit people. All they want is their dough.
But you need to set a precedent, once in a while, just to keep the other customers honest.
At the end we will lose money. But will preserve the integrity of the brand.

Bingo, that's the good part about this going to judgment. Settlements like they have done in the past don't send messages.
This is also why I personally thought Zen's position was a shirk.
 

Alien Traveler

Vaping Master
ECF Veteran
Jul 3, 2014
4,402
5,789
United States
It is very right decision. Replicating logos is disgusting. But this ruling has nothing to do with clone manufacturing for as long as logo is not involved. And I hope most buyers buy clones not because of logos, but despite of them.

However, it was a very cheap case – just “$7,974 in costs and attorney’s fee” (I got more just for myself once). I believe it means defendant did not participate in a suite.
 

snork

Vaping Master
ECF Veteran
Verified Member
May 30, 2011
6,181
11,235
CO
Judgement simply upholds entitlement for persons having Filed for protection through TradeMark.
I agree with Judgement but see no way it will effect designs/Logo's NOT protected.
If you read the judgment the mark was found to be protected by provable prior first use, no trademark request was made until after the case was brought up.
First use was all the protection required.
 

skoony

Vaping Master
ECF Veteran
Jul 31, 2013
5,692
9,953
70
saint paul,mn,usa
It is very right decision. Replicating logos is disgusting. But this ruling has nothing to do with clone manufacturing for as long as logo is not involved. And I hope most buyers buy clones not because of logos, but despite of them.

However, it was a very cheap case – just “$7,974 in costs and attorney’s fee” (I got more just for myself once). I believe it means defendant did not participate in a suite.

its a good start though. it lays the ground work for things
to come.
mike
 
Status
Not open for further replies.

Users who are viewing this thread