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HANA GETS $300,000 BECAUSE THE DEFENDANT DIDNT RESPOND

VaporJoe

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So the community is in a uproar about Hana Modz getting a $300,000.00 settlement for a vendor using their logo on a clone. The REASON Hana Modz won is because the defendant didn't respond and the judge gave the win to the plaintiff. This has nothing to do with the merits of the case, but simple court proceedings.

If someone sues you - FIGHT!


Excerpt from the Court Order:

"After Defendant failed to respond, the Clerk entered default on October 8,
2014. (Entry of Default, ECF No. 7.) On January 5, 2015, Plaintiff filed this Motion
for Default Judgment."


If you don't respond - the person suing you automatically wins.

In my opinion this does not set any precedent because the merits of the case were never fought in court.

LINK TO THE COURT DOCUMENTS: >> HERE <<



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vaperature

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Once again I find myself on the other side of the tracks with you Joe. The reason the defendant didn't fight back is because he knew he was in the wrong and didn't have a case. He was freakin' stealing someone else's name brand and profiting off of it. There's nothing noble in that. It was sleazy and he deserved to be sued and he deserved to lose.
 

Joshua Iles

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I personally don't see the issue with "style" devices. However, don't use the companies logo and or name. For example, the smart istick "clones" do not have eleaf or istick logos on them. Clones? Absolutely, possibly in the same factory from what I've read. I kinda have to side with hana on this, don't own any clones or otherwise of any of their products, but it seems to me that if someone is blatantly using your trademarked logos, then they are in the wrong. Is the design and style trademarked too? Not a judge or legal person, dunno. Only precedent I can think of in regards to that is apple v Samsung, which I think was horse shit myself. Just my personal thoughts on this one.
 

Robert B

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Was probably a good tactic to not show up, that way the defendant couldn't be questioned by the plaintiff, and make an ass out of himself trying to defend the indefensible. The Judge may have awarded more had he showed up and spoke.
 

ej1024

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Who is the DEFENDANT? Vaportek,elev8vape? Who who who?
BIGBOYVAPER
 

Lefty

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The paperwork says Illvapes.
 

VaporJoe

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Once again I find myself on the other side of the tracks with you Joe. The reason the defendant didn't fight back is because he knew he was in the wrong and didn't have a case. He was freakin' stealing someone else's name brand and profiting off of it. There's nothing noble in that. It was sleazy and he deserved to be sued and he deserved to lose.

Doesnt matter if we are agree or not, there is no precedent . Its a simple fix. Bankrupt the LLC and start a new one. Hana wont see a dime.
 

Zamazam

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Doesnt matter if we are agree or not, there is no precedent . Its a simple fix. Bankrupt the LLC and start a new one. Hana wont see a dime.
I think that was Illvapes plan all along.
 

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