vaperature
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Just realized the slogan for the Halo video games is "Combat Evolved". Lol.
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What is this going to mean for the small guys?
- Thread starter GhrayFahx
- Start date
Just so my personal opinion is clear, not that it really matters, I am not really supporting Atomized Labs in this situation. I think Nicopure's actions are bullshit. I don't believe their legal action in this situation is justified. I will never do business with them because of this. My opinions reflect nothing regarding Atomized Labs. Being pissed off at what Nicopure is doing doesn't mean people are necessarily supporting Atomized Labs. Be careful of what assumptions you make Atomized Labs.
vaperature
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I wouldn't put too much weight into that generic statement that's he's giving out to everyone. It's a fancy way of saying "no comment" and he already announced the other day that they are rebranding with a new name so nothing new there.
Another update. Just received this from Atomized Labs:
We would like to apologize for the abrupt nature in which we reacted to the trademark infringement lawsuit that was filed against us. Since this was the first we had heard of this issue and due to the severity of the claims, we had a knee-jerk reaction to remove our online store and other advertising materials from the marketplace until we could consult with legal counsel.
Now that we’ve had a chance to weigh the options, we have taken steps to communicate with NicoPure Labs. We hope to resolve this issue with grace; even though we strongly feel that our brands do not meet the criteria for likelihood of confusion in the marketplace. No matter what the outcome; we can guarantee that there was never any intent to capitalize on the property of others.
We truly appreciate all of your input and thank you all for your support of our cause!
We would like to apologize for the abrupt nature in which we reacted to the trademark infringement lawsuit that was filed against us. Since this was the first we had heard of this issue and due to the severity of the claims, we had a knee-jerk reaction to remove our online store and other advertising materials from the marketplace until we could consult with legal counsel.
Now that we’ve had a chance to weigh the options, we have taken steps to communicate with NicoPure Labs. We hope to resolve this issue with grace; even though we strongly feel that our brands do not meet the criteria for likelihood of confusion in the marketplace. No matter what the outcome; we can guarantee that there was never any intent to capitalize on the property of others.
We truly appreciate all of your input and thank you all for your support of our cause!
From what I've read, the case was filed by Nicopure at a cost of 400 dollars to the US Court in Alexandria VA requesting a jury decision, where it was refereed to the District Court in Tampa. Usually before that happens, the USPTO makes a judgement that the parties can't come to an agreement, therefore goes to court if the Plaintiff wants to pursue.
The USPTO judgments are not binding meaning, if the USPTO sides with one party or the other, both have to agree for it to be settled. But when it goes to court, the court will take the USPTO's findings into consideration when rendering a decision. In this case it seems, a Jury.
In short, I don't believe Atomized Labs was surprised or blindsided by this, since they had probably been arguing the case at USPTO (united states patent & trademark offices), for the better part of a year. It's quite possible that the USPTO found in favor of Nicopure, but who knows, stranger things have happened !
1/29/2015 3 Initial Trademark Report sent to Alexandria, VA. (Attachments: # 1 Complaint) (AMD) (Entered: 01/29/2015)
1/27/2015 2 SUMMONS issued as to Atomized Labs. (AMD) (Entered: 01/29/2015)
1/27/2015 1 COMPLAINT against Atomized Labs with Jury Demand (Filing fee $ 400.00 receipt number TPA-28076) filed by Nicopure Labs, LLC. (Attachments: # 1 Civil Cover Sheet)(AMD) (Entered: 01/29/2015)
The USPTO judgments are not binding meaning, if the USPTO sides with one party or the other, both have to agree for it to be settled. But when it goes to court, the court will take the USPTO's findings into consideration when rendering a decision. In this case it seems, a Jury.
In short, I don't believe Atomized Labs was surprised or blindsided by this, since they had probably been arguing the case at USPTO (united states patent & trademark offices), for the better part of a year. It's quite possible that the USPTO found in favor of Nicopure, but who knows, stranger things have happened !
1/29/2015 3 Initial Trademark Report sent to Alexandria, VA. (Attachments: # 1 Complaint) (AMD) (Entered: 01/29/2015)
1/27/2015 2 SUMMONS issued as to Atomized Labs. (AMD) (Entered: 01/29/2015)
1/27/2015 1 COMPLAINT against Atomized Labs with Jury Demand (Filing fee $ 400.00 receipt number TPA-28076) filed by Nicopure Labs, LLC. (Attachments: # 1 Civil Cover Sheet)(AMD) (Entered: 01/29/2015)
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The USPTO examines trademark applications to determine if there is likelihood of confusion between the mark in the application and a previously registered trademark or another mark in a prior-pending application. If no conflict is found and all other statutory requirements are met, the examining attorney can approve the mark for publication. The USPTO has no powers of enforcement concerning the use of trademarks in the marketplace.
Funny thing is, you don't need a Lawyer to register a TM. If you can read, use the search tools, and follow directions, it's easy.
Your right. You have 30 days to challenge it from the date it is published in the Gazette (TMOG). I guess I was assuming one or the other challenged a registration application while in process.
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Edit - Nevermind. From what I just read, they didn't trademark the word "vapor". They trademarked the phrase, "EVO VAPOR", which is completely different.
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I'm kind of split. I don't agree with companies going out and trying to squash another based on a technicality though copyright and trademark suits are rampant all over the country. Someone is even saying they have old original designs for the iphone and that apple stole their idea. Someone mentioned badmouthing halo to others telling them they have crappy products but that's not something I could personally do. It's not whether I agree with nicopure or not but halo has some awesome ejuice, primarily tribeca which is one of the most replicated (or attempted to be replicated) by many diy'ers.
If I'm not mistaken nicopure is also one of the major companies bringing lawsuit to the fda over the deeming rules. So I can't entirely badmouth them. It's going to turn into a storm where the vaping market is cannibalizing one another in more ways than one. We're all upset over what one vapor company is doing to another so we're going to try and show our lack of support - for a company that's fighting the fda for our vaping rights, diminishing an advocate for vaping in the process which will only deteriorate the vaping community further.
If I'm not mistaken nicopure is also one of the major companies bringing lawsuit to the fda over the deeming rules. So I can't entirely badmouth them. It's going to turn into a storm where the vaping market is cannibalizing one another in more ways than one. We're all upset over what one vapor company is doing to another so we're going to try and show our lack of support - for a company that's fighting the fda for our vaping rights, diminishing an advocate for vaping in the process which will only deteriorate the vaping community further.
This is a shame... Halo Tribeca is my ADV and my fav for tobacco flavors as well. Guess I need to find a good clone recipe now
Mine too, from what I can tell trying to replicate tribeca is a lot like trying to catch bigfoot or a unicorn lol. I haven't had a chance to get the ingredients and give it a whirl but I hear rocketpuppy's ry4 is supposed to be really good and similar I think.
http://vapingunderground.com/threads/rocketpuppys-ry4.11144/
Can't verify if it's like tribeca or not, there are several clones out there where people have attempted to replicate it. Lots of people rave about it though. Not sure if it's considered 'like tribeca' or 'a good ry4'.
From my experience tribeca isn't a true ry4 but halo's version, then again none of them taste similar. Vaperite's is more like robitussin, mbv's is a bit more tobacco like a cigar or pipe, vapewild's ry4life is a light sweet tobacco similar but not quite tribeca, v3's ry4 blend is lacking the caramel and vanilla elements to me (it's still steeping to get the alcohol bite out of it). All subjective impressions of course.
http://vapingunderground.com/threads/rocketpuppys-ry4.11144/
Can't verify if it's like tribeca or not, there are several clones out there where people have attempted to replicate it. Lots of people rave about it though. Not sure if it's considered 'like tribeca' or 'a good ry4'.
From my experience tribeca isn't a true ry4 but halo's version, then again none of them taste similar. Vaperite's is more like robitussin, mbv's is a bit more tobacco like a cigar or pipe, vapewild's ry4life is a light sweet tobacco similar but not quite tribeca, v3's ry4 blend is lacking the caramel and vanilla elements to me (it's still steeping to get the alcohol bite out of it). All subjective impressions of course.