HANA LAWSUIT: INSURANCE COMPANY TO BACK VAPORTEKUSA

[VaporJoe]

A simple quote from John the owner of Vaportekusa "We will fight to the bitter end".

Strange how things work out - isn't it? Hana starts suing people and now they have a bigger problem on their hands. I spoke with John the owner of Vaportekusa (one of the companies Hana is suing) and his insurance company looked at the complaint and has now agreed to represent him in court. This means Vaportekusa will not pay a dime to defend themselves and Hana will have to go up against a team that has far more resources and MUCH deeper pockets.

When Russ from click-bang first brought this issue to light -- one of the callers said that Hana may encounter a "sleeper". Someone who will have far more resources. I think we just found one. This also shows how important it is that businesses keep professional liability insurance for just such emergencies. Something this blogger bought into it a long time ago. These companies specialize in defending such issues and do so like rabid dogs.

John has also sent me the full complaint and I will be publishing it soon. Looking it over - I can say the evidence Hana is sighting in this complaint shows mods with no Hana logo whatsoever. They're actually Facebook screenshots of logo-less mods.

Hana is also suing Vaportekusa for the use of copyrighted pictures that have been "altered" not by them but by the manufacturer - which supplies the promotional material for the vendors to use.
I'd also like to point out that Hana does NOT have a registered trademark with the government, just an application which was only filed a few short months ago. For those of you who keep saying they are protecting a "a registered trademark" -- you're wrong.

While you do not need a registered trademark with the government to sue someone - having one gives it much more weight in federal court.

Feel free to to do a trademark search, you will see its still an application.

The full complaint will be forthcoming, as soon as I find the best way to display it.

Hana is suing Vaportekusa (and 2 others) for $150,000.00 ea + all profits from the sales + all defense costs.


You may order the full complaint online now - its public record: >> HERE <<

 

[Drone]

I've heard many times that no C&D was served prior to the suit being filed. I have no idea if this is accurate. I haven't seen any statement from Hana or VT regarding this, but if this is the case it would be very difficult to win a judgment based on TM infringement. Since the application for TM had not even been through the review process at the time the suit was filed it would be important to Hana's case to have served a C&D first. The idea of a TM is to protect unauthorized use of a TM property without court intervention, and the R with a circle around it or the TM mark by the protected property gives fair warning to competitors that this is not something they can freely use. Without going through review and being approved Hana could not use those symbols. So the court would likely rule fair warning must be given to remove infringing material before filing suit. This would normally be a C&D. The problem (potentially for Hana) is that there was no reasonable way for VT to know this was a protected property if not informed by Hana. To VT benefit, this is an industry that normal business practice has been that clones are OK since very few manufacturers have ever filed for a TM and the expected behavior of the industry is to clone popular products. The court will most likely throw the case out if no C&D was served prior to suit filing... unless Hana can strong arm VT into an agreement to settle this suit before it goes to court. Since VT has a matching set of high powered lawyers now, the most likely outcome is a settlement before trial. It's important to realize that insurance companies do not like to go to court and would much rather settle since it's usually cheaper than a court battle. Wrong and right have no place in the American judicial system these days, it's all about settling for less than the court battle. Oh... and if it settles, the terms of settlement will have a non-disclosure so we will probably never know the details since the penalties for revealing the details would likely be severe, as written in the settlement.

The complaint of copyright infringement will be very difficult also. Since the suit lists likenesses used in advertising and Facebook page it would depend on how exact the likenesses were. If there are differences between the original and the images used by VT it becomes muddy very quickly.

I think these matters will settle and we will never know the details of the settlement. The law really sucks sometimes, so do those who abuse the judicial system by all the frivolous suits filed that could have been avoided with a C&D... letter...phone call...something.

 

[CurlyxCracker]

Strange how things work out - doesn't it? Hana starts suing people and now they have a bigger problem on their hands. I spoke with John the owner of Vaportekusa (one of the companies Hana is suing) and his insurance company looked at the complaint and has now agreed to represent him in court. This means Vaportekusa will not pay a dime to defend themselves and Hana will have to go up against a team that has far more resources and MUCH deeper pockets.

When Russ from click-bang first brought this issue to light one of the callers said that Hana may encounter a "sleeper" - someone who will have far more resources. I think we just found one. This also shows how important it is that businesses keep liability insurance for just such emergencies. These companies specialize in defending such issues and do so like rabid dogs.

John has also sent me the full complaint in PDF format. I will be publishing it soon. I can say the evidence Hana is sighting in this complaint shows mods with no Hana logo whatsoever. They are actually Facebook screenshots of logo-less mods.

Hana is also sighting the use of copyrighted pictures that have been "altered" not by the vendor but by the manufacturer - which supplies the promotional material for the vendors to use. Yet Hana still goes after the vendor.
Id also like to point out that Hana does NOT have a registered trademark with the government, just an application which was only filed a few short months ago.

While you do not need a registered trademark with the government to sue someone - having one gives it much more weight. For those of you who keep saying "A registered trademark" your wrong.

Feel free to to do a trademark search, you will see its still an application.

The full complaint will be forthcoming, as soon as I find the best way to display it.


You may order the full complaint online - its public record: >> HERE <<

Good to hear!

 

[Kevin2112]

Trade Marks and Patents are extremely important. Just watch Shark Tank. They often will not invest in a product without them because other companies can produce the same product putting the originator of the idea out of business.

 

[bigLeft]

From what could find, the OP is incorrect in stating there isn't an active trademark:

Hana Logo and Name
Text Only

Correct me if I'm wrong, but I see one trademark of the Hana Modz logo and name as completed and a second of just their text name as pending.

 

[VapingCuban]

I think hana jumped the gun and tried to strong arm the vendors. Now their being met by an insurance company with deeper pockets. They should have sent a C&D and call it a day. I'll be following this case just as closely as the OJ case lmao. Shits intense and will probably serve notice to other mod makers looking to do the same. Funny shit is as I mentioned in another thread topic is that you currently have another mod maker that is sending C&D letters out to vendors who sell their cloned mods but on their website their selling cloned attys! Lmao now isn't that the pot calling the keddle black? Lmfao

 

[jack]

Maybe this is off the subject but. If I had a product that was being cloned, the first thing I would do is ask myself why . You see it on forums and you tube all the time . Can people get my product , does my customer service suck ? Do my customer relations blow ? Is my build QUALITY now crappy.? And they want to charge top dollar for it . I was
really going to buy one , but now all I see is they get your money then tell you to go screw . It is hard to feel for them . Sorry about the language .

 

[IceCreamMan]

I hope anyone fucking trying to make a dime through forgery and outright theif along with all those that supply the market for and support such bullshit gets cancer up their ass.

 

[WiSilverVape]

feel

 

[jack]

I hope anyone fucking trying to make a dime through forgery and outright theif along with all those that supply the market for and support such bullshit gets cancer up their ass.

learn how to spell

 

[IceCreamMan]

learn how to spell

Blow me

 

[jack]

Blow me

Did not know such smart people here , ice cream for brains, ROFL !!!

 

[jack]

HEY ICE CREAM BRAINS , PEOPLE HAVE OPINIONS to bad you don't like it . It's a forum , get it .

 

[Saddletramp1200]

I have an extra copy of Hooked on Phonics around here somewhere. Oh, Kiddie time's over.

 

[GargoyleK1]

I hope anyone fucking trying to make a dime through forgery and outright theif along with all those that supply the market for and support such bullshit gets cancer up their ass.

This made me LOL!!!

 

[Saddletramp1200]

Saying anything else on my end would do no good. So I won't.

 

[Spike64]

I hope anyone fucking trying to make a dime through forgery and outright theif along with all those that supply the market for and support such bullshit gets cancer up their ass.

You wish severe illness and possible death on those that make and sell clones?...wow...you might consider running to the doctor and asking for a prescription for a strong dose of Perspective...oh, ask for a prescription of Reality just for good measure....