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CEASES AND DESIST: YOU CAN'T TALK ABOUT CLONES

lordmage

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InMyImage

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Too many posts on this thread to read when I just want to add a statement of support for Joe and all the other outlets being sent these C&D letters.

I only hope that enough of them realize that the "commission" does not have a leg to stand on and don't stop selling, reviewing or linking to anything about "clones" based on scare tactics.

And I kind of think that the "authentic" makers are getting what they deserve by having an attorney who either doesn't understand the law or is taking advantage of them and their naivete, especially since the only "authentic" makers are the ones who first put together a flashlight mod, made the first regulated mod, and the first vaporization coil, chamber, and other truly innovative components.

Other than trying to protect their brand by actually taking the effort to register trademarks and the initial innovators protecting their work by filing patents, which is probably impossible now, they really don't have anything to stand on legally.

Go get 'em @VaporJoes
 

deftones

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I may huff anus but at least I support real craftsmanship and art.

Sorry, I don't huff anus.
But I do praise fair price, worldwide shipping, paypal payment, and most importantly: availability.
Only China brings me that. Stolen art and 6 months pre-order lists overpriced craftsmanship don't.
 
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deftones

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I'm just always amazed why people think authentics cost so much. When you considered what you paid for cigs each month.

You shouldn't be amazed, because they do. And the answer is still too much!
 

Bado

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So after all the ass wiping, and since the whole "buy american" thing was brought up, recall? Just who are you buying from? Its almost a guarantee these days out a long time ago that anything you get with electronics is at the very least going to contain some imported parts. Maybe assembled in america?

Sorry to burst your patriotic bubble but america sold out long ago. Probably started the shift in Nixon era when they first came up with working methods to erode and eventually destroy labor unions. Remember "right to work"? I can only wonder what bunch of dumbasses voted for the perfect scheme to cut their pay? I guess it sounded good at the time.

So what now? You can't even buy an American made microwave now. Try it. I did about a year ago. There aren't any. Oh sure their are American companies selling microwaves but look share they are made. Byproduct of greedy corporations gaining control of the government passing trade regulations allowing them to basically destroy the working working heart of this country. Want to know the truth it all started way back on christmas eve of 1913 during wilson reign with the creation of federal reserve act. Beginning of the end. The one fiduciary system that has failed in every instance it has ever been implemented waling almost the exact same path. It is a way for the wealthiest to control the flow of money, increase their own wealth, while providing the illusion the economy is growing leaps and bounds for what seems like many years, only to crumble when the bubble gets so large it can no longer contain the nothing but air that has been inflating it. At which point the air simply escapes just before the thing explodes. Exponentially increasing inflation until nothing. Nothing being the day you need a briefcase for a wallet to go grocery shopping. Jobs have to go overseas since they can't pay enough to keep locals employedand still make aprofit. Face it, everyone can't afford the $300 patented mod. You forget many people smoke those cheap ass $2 pack crapperettes. Some may only spend $100 a month on their cigs and really shouldn't be able to afford that but they're addicted. Without clones there is no hope for them.

Now its a shame when they go beyond clones to knock offs. Exact dupes with exact labels. Counterfeit. Wrong? Sure. But what the hell did you expect when you sold your soul to china? Wanna make a difference? Don't buy anything Chinese mfg. Good luck with that. I tried really hard for about a year. Its damn near impossible if you want to live a mainstream life. Face it. They own the US and there isn't a damn thing we can do about it outside put our foot down and go to war. Which we will most likely lose if we do. Yeah I said it. China will win a war with the us. We don't even know by whatargin they would win. Sure it will be painful for them which the only reason they don't just do it. Besides, why would they? With enough time in the direction we are headed, they will have control without ever lifting a finger.

So, while I would love to see it all change I am of the opinion we are pretty much fucked. That being the case we might as well enjoy what we can while we can. It isn't going to continue forever nor likely much longer. The mexicans took construction, Indians taking medical, Chinese gaining retail, leaving not much more than welfare for a huge number of citizens. Hell isn't it almost 60% of the us living off the government now? Yes that includes all the use full and useless government jobs as well as welfare and food stamps. Which leaves 40% to pay for it all. Meaning between the major corps and china we are the slaves of the future. Don't worry. It won't be too many years welfare will be workfare and anyone not in the higher echelons of gov will be a slave to it. The machine will grow, it will rule, and I'll put 10 to 1 china will manage it.

Now go out there and buy whatever the hell you want. It isn't like you can make a difference either way. When your fucked you might as well do what you can to enjoy it.
 

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If you want an authentic, BUY IT.....but only because you WANT it and not out of some quasi-moralistic obligation. For those that need to spend big $$ due to being lacking in the trousers......well we cannae help you with that son.
 

Hartoled

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Sorry, I don't huff anus.
But I do praise fair price, worldwide shipping, paypal payment, and most importantly: availability.
Only China brings me that. Stolen art and 6 months pre-order lists overpriced craftsmanship don't.

LOL @ waiting lists. I tell them "Go ahead and order a big batch of them. Good luck with your obsolete crap when you get it." I love watching how naive even the top reviewers were about things as simple as coils and wicks just a couple of years ago. I don't think that I possess the grace to be "elite". The idea of watching a reviewer hugging the guy who has my old version on back order while he struts around some vape show flashing his latest and greatest really rubs me raw. They need to get back to their machines, satisfy some demands and quit whining about China. They should try not to make themselves look like lazy greedy idiots. Sure they need to rub some elbows, get on the same page about some things and make sure that their tastes are not in their asses, but leave the politics to the crooks. I don't want to buy from crooks.
 

Vapor Beast

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Is there a list of the members to this "Authenticator Collation" yet? I really want to know so that I can avoid these naive children.
I really thought after their foolishness at the ECC event that they would simply go away due to lack of support. I think when youtube yanks your video you may want to reevaluate your video and actions.

For me the decision to buy clone vs authentic is based on what I can afford, Argue the point all you want I don't have provari or convict money. Nothing said here will change that either. In my house we have clones as well as authentics and they seem to get along just fine.
While I do understand the cost associated with design and manufacturing here in the US being so high it still does not change the reality that they cost too much.

When I buy replacement parts for my car or truck, I do not buy authentic manufacturer parts, go to your local chevy, dodge or import source for parts and check the prices compared to your local auto-mart. This fight over cloned parts vs authentic has been around for a very long time. It's not just vapor products. My decision to shop at the automarts is also cost driven.

And on another point, it seems to me that allot of these authenticators do not have patents in place before releasing their products, so honestly what the hell? They are attempting to make a quick dollar and not play within the rules of the game anyway. Patent your device before you release it and you may have a point to your foolishness.
 
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aikanae

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Can't we just get on with vaping and protecting our rights? If the FDA has their way, clones and diacetyl are mute points. I'm amazed at how many people get worked up on this issue, yet when a city council holds a meeting and votes there are only a couple of vapers to give a statment. It's almost as if these clowns were set up by public health groups to cause division.

I had it out with one of these evangical authentics zealots on Reddit and there was no common ground or common sense. Clones are another route to evolutionary design development. There's tons of TED talks and information (I assumed they could read. That may have been my error). Logo's are trademarked. That's the only thing they have a claim on and going after that right now would be stupid since most people learn about the original from the clone. Authentic makers could fix that if they wanted to fairly compete.

A minimum run in China is 2,500 to 7,000 units. There is NO manufacturing facility in the USA able to do a run that large. ZERO. Most mod makers won't make the design and material compromises it requires for a large run anyway. A number of them have tried to work with foriegn manufacturing and so far it's been a failure. There are not enough mod makers turning out enough units to satisfy demand - and it's not in the best interest of the industry to stifle demand. We need all the vapers we can get right now while we still can. This is the golden age of vaping.

There are only so many ways to modify a pipe such that it's "unique" and I think most of those ways have been exhausted a long time ago. Logo's are different because the only reason to use someone else's logo involves an attempt to decieve/fraud. FT has a few mods without logos and as a result, I have no idea what or who the original is. They are foolish to not use clones as free advertising to customers that were not looking for originals but could be persuaded in that direction.

Zen took the high road - a little satire based in reality by offerring to re-tool clones so they were comparable to the original. Thus he pointed out the value added by buying the real thing. Kebo took the original SM Kayfun and buildt upon it, improving it and than branding it as his own. That's more like the way the clone market should work. Chinese factories would be wise to put their own branding on clones because, guess what? Some of them are better than the original (most aren't) but it avoids this whole legal question.

No doubt they hired some high priced corporate lawyer and this is how corporations are operating today. It is cheaper to legislate and extort buyers than to compete in the market fairly.

Lets just vape.

There is a FaceBook page and website for this group. I started taking names because I was so appauled at the stupidity, then assumed they'd figure it out and drop it. HAH. Someone is making money on them that's for sure. It's money that could better be spent fighting the misinformation machine.

If they really cared about their products.
 

aikanae

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Maybe all this proves that intelligence isn't required to make a decent mod.
 

InMyImage

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Face it. They own the US and there isn't a damn thing we can do about it outside put our foot down and go to war. Which we will most likely lose if we do. Yeah I said it. China will win a war with the us. We don't even know by whatargin they would win. Sure it will be painful for them which the only reason they don't just do it. Besides, why would they? With enough time in the direction we are headed, they will have control without ever lifting a finger.
China can start and win a war with us without ever firing a shot. All they have to do is stop buying our treasury notes and start cashing in the ones they own. China is the biggest holder of US debt in the world and could bankrupt the US in a day by simply cashing in.
There is no way around admitting that China LITERALLY owns the US. Wrapped, sealed and delivered by the US Treasury while trying to save our economy as much as possible over the last couple of decades (long before Obama became president).

Bill
 

InMyImage

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I may huff anus but at least I support real craftsmanship and art.
So, do you shop at Harbor Freight or WalMart? Do you own any posters or artwork that are copies of the originals? If so, then stop preaching about buy "authentic".
 

aikanae

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China can start and win a war with us without ever firing a shot. All they have to do is stop buying our treasury notes and start cashing in the ones they own. China is the biggest holder of US debt in the world and could bankrupt the US in a day by simply cashing in.
There is no way around admitting that China LITERALLY owns the US. Wrapped, sealed and delivered by the US Treasury while trying to save our economy as much as possible over the last couple of decades (long before Obama became president).

Bill

Haven't you noticed Saudi's been on a buying spree? Specifically most of our ports (shipping and air). China's had their own depression. They are highly dependent on US buying - one reason the yen is linked to the USD. It's a little more complicated than what FAUX reports.
 

InMyImage

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Haven't you noticed Saudi's been on a buying spree? Specifically most of our ports (shipping and air). China's had their own depression. They are highly dependent on US buying - one reason the yen is linked to the USD. It's a little more complicated than what FAUX reports.
I agree that it is a symbiotic relationship. And allowing our transportation and shipping infrastructure to be held by foreign interests is sheer stupidity, right up there with allowing oil prices to be set by people who buy, sell and short oil futures but do not actually ever buy oil and can't take delivery of the oil if they were to accidentally buy the barrels on accident (it can happen). Historically oil prices based on the stock market speculating on oil futures has been 1.5 - 3 times as much as the oil suppliers actually have set their OPEC selling prices at as a group.

You don't need to really play futures to see how all this works. A couple of times a year there are typically stock games that let you play and possibly win prizes without having any money in the game. I played the futures a bit before the financial catastrophe wiped out my trading account as well as my 401k :(
 

aikanae

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I've heard of those sites and intended on checking them out. Then life happened. Just as well since the game is rigged.
 

Roger Schaeffer

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China can start and win a war with us without ever firing a shot. All they have to do is stop buying our treasury notes and start cashing in the ones they own. China is the biggest holder of US debt in the world and could bankrupt the US in a day by simply cashing in.
There is no way around admitting that China LITERALLY owns the US. Wrapped, sealed and delivered by the US Treasury while trying to save our economy as much as possible over the last couple of decades (long before Obama became president).

Bill
Except if China Bankrupted us Who would they sell stuff to. India. We are tied together forever
 

5150sick

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Except if China Bankrupted us Who would they sell stuff to. India. We are tied together forever
Until the Chinese get SO overpopulated and decide they need more land for their people. Then what?
They cash in and take it.
 

5150sick

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The funny thing about these US only high end authentic mod elitists is that their shiny metal battery tubes with stolen images all use batteries from where???
 

kelli

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So, do you shop at Harbor Freight or WalMart? Do you own any posters or artwork that are copies of the originals? If so, then stop preaching about buy "authentic".

try to find anything made in the USA anymore. it's not easy. and don't blame china. blame greedy american corporations. for example, where i used to live we had a maytag plant that made washing machines. the workers made $20+ an hour and the washers cost about $800. they moved the factory to mexico where the workers make less than $2 an hour. but guess what...the washers still cost $800. where did all that extra money go? hmmmm.

i know this is off topic, but really.....i think the blame is being wrongly placed.
 

Hartoled

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try to find anything made in the USA anymore. it's not easy. and don't blame china. blame greedy american corporations. for example, where i used to live we had a maytag plant that made washing machines. the workers made $20+ an hour and the washers cost about $800. they moved the factory to mexico where the workers make less than $2 an hour. but guess what...the washers still cost $800. where did all that extra money go? hmmmm.

i know this is off topic, but really.....i think the blame is being wrongly placed.

I have often wondered why these guys are not outsourcing to Mexico like many of the designer shoe makers are. There have been plans for decades to widen I-35 to ten lanes to facilitate the goods from down there being distributed to up here. The potential to put a lot of people to work who are willing to work is there.
 

Celtic Fog

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Except if China Bankrupted us Who would they sell stuff to. India. We are tied together forever
China and Russia have signed a trade agreement as of about two weeks ago. We are not the biggest country in the world, they would do just fine without us buying direct, we would end up buying from a middle man anyways....
 

Roger Schaeffer

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China and Russia have signed a trade agreement as of about two weeks ago. We are not the biggest country in the world, they would do just fine without us buying direct, we would end up buying from a middle man anyways....
Sorry if The USA or China goes Bankrupt It would case a Worldwide Depression that would make the Great Depression look like the Roaring 20's. If Russia goes bankrupt it just a bump in the road[unlrss they Invade other countries for oil-food-minerals, then its WW3]. USA feeds half the world. Farmers do not farm in a bankrupt country not on any big scale. There would be countries going to War over Food. Basically if USA or China Defaults its Armageddon
 
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Roger Schaeffer

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Until the Chinese get SO overpopulated and decide they need more land for their people. Then what?
They cash in and take it.
Not without a fight ,a Nuclear Fight- again- Armageddon As we are sitting here China the USA and Russia are upgrading their nuclear arsenals That was in the News today. If we managed to avoid Nuclear attacks it would be Air and Seas war. US Naval and Submarine Fleet is the Best in the World. As is Our Air Force. The US will Never let Any Country be better Armed the it is. But given enough years over population will end Civilization as We Know it.
 
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Hartoled

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So far I've only received one! Most of the time I try to support authentic mods and atty's and the clones too. One thing I will make sure is to not ever post a items from Vapourart.com since they sent me a C&D even tho I'm not vendor and my site is a blog.

I checked out that place just now. Seems they push the GP Spheroid. So, being the minx that I am, I went looking for a clone of it. That led me to a thoroughly humorous thread on UKvapers.org, where, apparently, you are no longer allowed to use the word "clone". Now, if you want a clone, you are supposed to ask for "something similar to...". LOL. Strangely enough, Vapourart's opening page proclaims the need to protect our civil rights. :p Must be some kind of sarcasm I am missing there.

Anybody know where I can get something similar to a Stig Helix? <-------Sarcasm
 
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InMyImage

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Anybody know where I can get something similar to a Stig Helix? <-------Sarcasm
Wonder if they got a c&d from discussing their product on their site?
 

Delion

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In essence really it boils down to a couple of things, first, can you really afford the authentic mods, if so do you really want to pay that price for one? some people can and do, that is kudos to them for being their own individual, that is their choice, do all of us have that same desire, to spend that kind of money on one, nah not many of us really wish to pay those prices so we get one styled like, or a 1:1 replica of one, for quite a lower price. So what, that is our choice.

With every decision in the world there is to make, we must always remember there will be a bare minimum of two sides those who believe in something and those who do not, (keep in mind there are some other sides out there as well but those are just the two minimums), whether it is mods, or juice, or even wicking materials, we all have our own thoughts on what is best, what we like more, and what we can afford.

I had read earlier in this thread a good point, about art, like Boris Vallejo, just as an example, his most expense stuff, is the first true painting he makes, these can run high numbers, then you have his limited editions, which are less expensive but still up there, then there are the posters the calendars the knock offs and the cheap imitations and such, same difference if someone thinks about it in a open minded state. Hell now days you can get it screen printed on zippo lighters and crap but it is what it is.

Truth is conversations about things is mentally healthy and not being on analogs is a quite a bit more physically healthy as well, in my opinion. So with everything said and done, a good debate is healthy, but a C&D over all of this is just completely moronic, just my two cents worth.

The preceding message was cloned from a actual brain therefore may not be as valuable as the brain which it was cloned from!
 

kelli

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Not without a fight ,a Nuclear Fight- again- Armageddon As we are sitting here China the USA and Russia are upgrading their nuclear arsenals That was in the News today. If we managed to avoid Nuclear attacks it would be Air and Seas war. US Naval and Submarine Fleet is the Best in the World. As is Our Air Force. The US will Never let Any Country be better Armed the it is. But given enough years over population will end Civilization as We Know it.

you are such a comfort!
 

thechinaman

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I'm pretty sure that the collective iq points of the posters in this thread is less than an average individual

You guys are all bitching about free speech, but then you want to disregard intellectual property laws? You aren't fighting the man. This is not a crusade. You are not a bunch of white knights fighting for the little guy. You're just a bunch of ignorant assholes circle jerking with other like minded people.

There is no actual discussion on this forum as the only view that is accepted is whatever vapor joe posts on his blog. Think for yourselves fucktards.
 

Hartoled

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I'm pretty sure that the collective iq points of the posters in this thread is less than an average individual

You guys are all bitching about free speech, but then you want to disregard intellectual property laws? You aren't fighting the man. This is not a crusade. You are not a bunch of white knights fighting for the little guy. You're just a bunch of ignorant assholes circle jerking with other like minded people.

There is no actual discussion on this forum as the only view that is accepted is whatever vapor joe posts on his blog. Think for yourselves fucktards.

Not true. I am pretty sure that some of us have said a lot of things that makes even Joe wince. Also, if you think laws equal freedom, you are definitely owned. The net is full of dirty competition based solely on false DMCA reports.

Additionally, if you want to brag about your originality, being the racist troll posing as that which he wishes you to hate might not be as clever and new as you believe.
 
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MKPM

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I'm pretty sure that the collective iq points of the posters in this thread is less than an average individual

You guys are all bitching about free speech, but then you want to disregard intellectual property laws? You aren't fighting the man. This is not a crusade. You are not a bunch of white knights fighting for the little guy. You're just a bunch of ignorant assholes circle jerking with other like minded people.

There is no actual discussion on this forum as the only view that is accepted is whatever vapor joe posts on his blog. Think for yourselves fucktards.
Nothing screams maturity and sophisticated thought and rhetoric quite like ad-hominems sir. Show us the way, please oh anointed font of discerned patience and wisdom!
 

MKPM

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I'm pretty sure that the collective iq points of the posters in this thread is less than an average individual

You guys are all bitching about free speech, but then you want to disregard intellectual property laws? You aren't fighting the man. This is not a crusade. You are not a bunch of white knights fighting for the little guy. You're just a bunch of ignorant assholes circle jerking with other like minded people.

There is no actual discussion on this forum as the only view that is accepted is whatever vapor joe posts on his blog. Think for yourselves fucktards.
I also note that this is a peculiar comment coming from a new member who's only follower is a Chinese distributor of cloned atty's and mods.
 

InMyImage

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I'm pretty sure that the collective iq points of the posters in this thread is less than an average individual

You guys are all bitching about free speech, but then you want to disregard intellectual property laws? You aren't fighting the man. This is not a crusade. You are not a bunch of white knights fighting for the little guy. You're just a bunch of ignorant assholes circle jerking with other like minded people.

There is no actual discussion on this forum as the only view that is accepted is whatever vapor joe posts on his blog. Think for yourselves fucktards.
Um... actually... I'm pretty sure my IQ is higher than yours since I understand the basic requirements to protect "intellectual property" in such a way that you actually have legal protection for it. It's called officially registered trademarks and at least applied for patents.

Without those things you don't really have any legal protection for your intellectual property.

Additionally, you don't seem to get the concept of generics. I bet that you buy some sort of private label food or household product every time you go the grocery store, WalMart, Target, etc. Simply making something that looks and works like something else and comparing your product to it is not illegal unless it is an unlicenced use of a patented idea, mechanism, or process. I say mechanism because you can't actually patent an end product, you actually have to submit detailed specifications of the specific components you want to patent and how they make up something that is innovative. Making an expansion chamber with electrically charged posts that heat up a wick to the point of vaporizing liquid is not innovative given that they were originally developed in a sort of open source methodology by the early pioneers of APV's. Now, if the first person who ever created an "mech mod", "regulated mod" or e-liquid atomizer were to try to file for a patent they would most likely be denied simply because they waited to long and the ideas are now common knowledge and to widely used and in production, but they are the only ones who could actually file for a patent on the general concepts. Now new "authentic" manufacturers can patent a truly innovative way of doing something with one of components of said products, but they would have to provide documented specs and detailed descriptions of what makes their new way of doing something truly unique and innovative.

Now Trademarks and all together different beast, but the basic requirements that they be filed with the USPTO in order to take advantage of most legal protections afforded to those who own one are essentially the same. The big issue here is whether or not the trademarked logo's and/or product or concept names is the case of counterfeiting, not "cloning" aka making a generic copy of, or using said copyrighted in advertising material with acknowledgement to the Trademark owner.

So... while I can't definitely state that my IQ is in fact higher than yours, my knowledge of the subject is. Currently the vast majority of "authentic" makers of vaping devices and accessories do not have a legal leg to stand on and will soon be flirting with interstate commerce, unjust persecution and freedom of speech laws/protections.

As mentioned previously, the "commission" is either trying to blatantly use scare tactics to stop lawful outlets of media (of which all websites and blogs fall under the umbrella of) from legally disseminating info about generic copies of their products which themselves are generally "clones" of the original product but with a stylized or artful twist, or they are being taken advantage of by unscrupulus legal advisors. Either way, they are either willfully or ignorantly trying to stop the legal activities of other manufacturers, bloggers, reviewers, website owners, etc.

Bill
 

kelli

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I'm pretty sure that the collective iq points of the posters in this thread is less than an average individual

You guys are all bitching about free speech, but then you want to disregard intellectual property laws? You aren't fighting the man. This is not a crusade. You are not a bunch of white knights fighting for the little guy. You're just a bunch of ignorant assholes circle jerking with other like minded people.

There is no actual discussion on this forum as the only view that is accepted is whatever vapor joe posts on his blog. Think for yourselves fucktards.

it's not nice to disparage those of us who aren't as intellectually gifted as you are. vapid folks are people too!
 

Zamazam

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Well they are sort of winning, skeleton key clone is hard to find, as most places that did have them, have taken them down due to the mod maker, and the same is now going on with the squape clone too, and this is china sites taking them clones down too, not sure how they are doing it, but they are, just hope it isn't the future, or it will be the vapers who lose out, and wouldn't be surprised if the mod makers put prices up even more if they win on the clone front.
At $170, Stattqualm (manufacturers of the squape) is just begging to get cloned.
 
So why it is that most of the Trademarks are pending but the companies are able to file lawsuits? Seems that it would have to be approved for it to be illegal for someone to use that trademark other than the person that applied for the trademark.
 

deftones

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At $170, Stattqualm (manufacturers of the squape) is just begging to get cloned.

I think any "Out of stock, No PayPal, ConUS only" gear is just begging to get cloned too.
 

Zamazam

Evil Vulcan's do it with Logic
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Platinum Contributor
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So why it is that most of the Trademarks are pending but the companies are able to file lawsuits? Seems that it would have to be approved for it to be illegal for someone to use that trademark other than the person that applied for the trademark.
People do it in hope of extorting money out of gullible people, when an application is made for a patent, it does not mean the patent has been granted. Just greedy crap done by greedy people who want to sell vape gear at a 1500% markup from manufacturing cost.
 

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