InMyImage
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Ooops... think you must have had the same brain fart I did and left out a NOT...
Bill
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The ECC Video of vendors getting served.
- Thread starter VaporJoe
- Start date
Ooops... think you must have had the same brain fart I did and left out a NOT...
Bill
vapingunited
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Haha. Indeed I did. Thanks for the heads upOoops... think you must have had the same brain fart I did and left out a NOT...
Bill
Midniteoyl
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This was already answered in posts between me and him.. But.. He claimed (it seemed to me at the time) your mark must be registered to have a claim. I showed that it does not. To answer you second point: In a C&D do you dont have to admit that its not registered either. You are making a claim that it is yours, so therefore you say 'We own the right to the Mark'. To say otherwise is suicide.
tombaker
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If they put TM after it, they are asserting it is a trademark. Not registered, just a Trademark
They did not.
They should have.
They can probably support one for Kryptonite, or Big Block, Or Kyptonite Vapors.
The doubtfully can get it for Kr.
Kr is the only mark on the mod itself.
You can not really say its your trademark if you don't put TM after it in usage. You can do it, but you have low odds of doing anything more than paying lawyer's billable hours.
Midniteoyl
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Anybody can put TM after a Mark, its whats provable in court that matters.
deftones
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vapingunited
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You're right, it does not, however, if you are going to make the claim that you still retain the right to your unauthorized mark, then you must claim the non-registered mark through the use of the mark, which they have not done except for in the body of this letter. If their product or packages were to say "Kryptonite Vapor™" or "454 Big Block™" then they could claim the unregistered mark. They have not.
Furthermore, the "454 Big Block" is a registered trademark of Velocity Manufacturing , albeit an abandoned one. In the US, an abandoned trademark can still be protected by common law and regular use of the mark. To get technical, the "clone" sellers perhaps aren't the only violators. Granted, Kryponite Vapor is not in the same field as Velocity Manufacturing, but there could be an issue nonetheless if Velocity Manufacturing chose to play hardball.
vapingunited
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Steve_Shepard
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Those guys were complete DICKS the way they went about it.
the thread has officially jumped the shark...let's post random YouTube videos because they have "clone" in the title.
A must watch.
Sent from my iPhone using Tapatalk
Sent from my iPhone using Tapatalk
Steve_Shepard
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rofl
I don't get why pbusardo is taking the douche's side. he already got his stupid apology on the kryptonite facebook page, when do we get to hear ijoy's side of the story?
VapeVixen
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Oh ummm. yeah. Sorry, I didn't realize that there was a "Memes only thread" police.
Midniteoyl
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Lorem Ipsum
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Lorem Ipsum
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Hey now! Meeting you was the closest i ever got to meeting a celebrity. Dont crush my dreams!!!!
Joe loves his fans!
and darnit...I wanna meet Joe too
cheetodog
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Im sure he had a ton of shit to do, but he took time to take a few pics and couldn't have been nicer!!! Smelled damn good too!Joe loves his fans!
and darnit...I wanna meet Joe too
Well, it was a Cease and Desist notice, which as long as it's notarized, is easily viewed as a legal document in court. However, if the person serving the Cease and Desist works for the company that requested it, then they could be in for some serious trouble. I understand going in and taking a video recording, there is no expectation of privacy, and a public area is best for serving a legal document, there attitude and demeanor could be viewed as hostile and provocative causing a huge legal battle if the company requesting the Cease and Desist decides to sue.
I'm not condoning in any way that a company steal and clone someone's "Hard Work", but I also don't condone behavior of a provocative nature just because it can cause issues in the future.
I'm not condoning in any way that a company steal and clone someone's "Hard Work", but I also don't condone behavior of a provocative nature just because it can cause issues in the future.
wasn't a legal document though. Just a request to stop a behavior before legal action is brought. Can be used in court if sent via mail with request for signature on delivery for proof as evidence in later action though. Though with the way this was handled, they pretty much shot themselves in the foot.
yep
Everything you said, but with the following distinctions...Technically it IS a legal document, just not an official court document sanctioned by an official court, that would require it to be officially "served" by a THIRD PARTY not affiliated with the entity serving, like a sheriff deputy or someone not employed by the company or entity. It constitutes as a legal document because its purpose is for the document to be "documented" by an attorney at law; to then be used later in court (which at that point becomes an official court document as part of a civil case) if the action in the letter is not stopped.
You're right. At this point it becomes the question of, were they taking the video for legal documentation and proof of delivery, or more for their own amusement or the amusement of someone else?
You're also right, it is a legal document, but it is more widely accepted by a court if it has been notarized, which I'll bet they threw the money at, just to waste money.
Would one would think that if Kryptonite were to go forward with legal action and this was to end up in court that they might have to prove their claims that IJOY was purposely selling these cloned item(s) as "authentics" at authentic prices? I've read the claims, but other than Kryptonite just saying that several people at ECC told them this is what was happening, not one shred of actual proof to back this claim up has been offered up...can they produce the item(s) that were allegedly sold as being authentic?....the sales receipt from IJOY showing the item and price?...anything?...there has to be something...I mean, would you shell out that kind of coin and not get a proof of purchase? I'd really like to see anything at all that backs up their claims...
Hermit
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It was Matt that explicitly claimed ijoy were selling clones as authentic, not Kryptonite. They implied it by mentioning 'people misled into buying clones as authemtic' and then 'ijoy selling clones' in adjacent sentences, but they didn't actually say it.
Either way, sure, it should've been easy to get evidence, so where is it?
tombaker
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Just about everything you said, is wrong, and it just parroting what that Matt guy is saying (wrong also).
1. Its not a notice, other than it being a letter that you will hope they read. Notice implies there is some sort of form to it, or its an official form. Its just a letter saying stop doing it. If you do stop, we kinda agree that is the end of all this, we could maybe sue you too. This one was written as a form of demand, a demand letter for information. Its not really even a standard Cease and Desist letter.
2. Cease and Desist does not need to be notarized. Notarized proves you, signed a document, and specifically the entire document in question.
3. Cease and Desist letter is like any bit of evidence, accepted in court. Its not a legal document like a summons, a complaint, an answer to a complaint, or a motion. All of those things need to have proof of service. A proof of service is a legal document you can download the form from just about every Courts, web site.
4. If you deliver your own letter, its not serious trouble, it just means you did it. The entire point of a Cease and Desist is to stay out of the courts. Some sort of serious trouble, makes no sense.
5. Being pissed off that some bozos come over for a second time to deliver the same thing, this time with a video camera in the face, is not gong to be used in court for anything, especially an intellectual property matter.
6. The more they explain, the more it confirms that Kryptonite was doing all of it. Matt is now explaining that the lawyer was on site. And Kryponite, is now saying they had no clue of what happened until the next day. BS alert is blaring.
So far the strongest legal case is IJOY against Krytonite. Because they employees Matt and company to serve the papers. At that time they were under the control of Kryptonite. They said that what IJOY was selling were counterfeits sold as Legits, and there is ZERO evidence that happened. NONE.
Whoah, hold on. No need to get all angry. I think there was a little mis-communication in part of my post if you took it as the people receiving the letter were the ones acting provocatively. I had in fact meant the ones acting provocatively and aggressively were the gentlemen who served the letter. No need to rip me a new one, I at no time claimed to be a lawer or any sort of expert on law, just using what I have learned through my own legal proceeding. I never said that delivering your own letter was trouble, just the way they went about it.
tombaker
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from your reply I guess I did misunderstand you. What I said still remains, as it counters what the Kryptonite guys are saying still everywhere. The guy delivering the letter is getting some crazy instructions from the lawyer involved.
FyrPrf1
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Wow.... people sure have a lotta balls these days! Absolutely ridiculous, to say the least! SO disgusted & embarrassed by their behavior- should be ashamed of themselves!
Way to be a part of this community... pffft.
xj0hnx
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That's what I'd like to know, are those fat fucks going to fight the FDA when they try to stop them from making authentic open tank systems? Or does their zeal end at their own wallets?
Wondering if these clowns paid by VapeRev?
http://www.ehow.com/info_8412013_much-do-clowns-paid.html
Clowns VS Clones!
Clown wars!!!
Yeah baby.
So Matt is implying that he blew the whistle on angel Ecigs?
I stopped reading at this post. Thank you for saving me from the rest of this crap.
No these are mine lol
NP!!
I would of preferred a anytime but I take what I can get lol.
I joy has huge dough. They had the inside of the wsop final table plastered with their name and "vaping" it was cool but I bet they paid through the nose for the spot.
MrFixIt
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Oh how I long for the early days of vaping. My for some of the early devices but for excitement and enthusiasm at having found the thing that would finally break the strangle hold tobacco had on me. I was one of the lucky ones who was able to quit the first day I had my first real vape. We had our egos and vivi novas and were glad of it. We had at that a forum that was full of genuinely helpful people and a good source of information. Then the world exploded we now a new device every 5 minutes it seems and this huge chasm between what we call authentics and clones.
Does anyone remember the very first rda or the very first mechanical mod? See I don't but I am sure of one thing after those all other devices since are a variation of those original designs so therefore are copies. Granted they are slightly different in size or how it gets its airflow and of course cosmetics. What these jerks did has to be one of dumbest displays of human behavoir I've seen in awhile. We have taken something that used to be celebrated and turned it into mine is better than yours cause my battery tube was made in america and costs more than most of you make in a week. This whole authentic vs clone thing has reached well beyond idiotic status. I thought the way this went down was pathetic but when I saw that guys shirt I experienced many emotions at once. I went from shock to sadness in a blink of the eye. Now in the US if you believe in the second amendment are a god fearing person, believe in any conspiracy theory you are labeled a domestic terrorist. Now apparently if I support clones my money is going to support them. That's the bigger issue here not their lame attempt to take legal action against this vendor but to their way of thinking period. That t-shirt speaks volumes about this company and those like it.
Does anyone remember the very first rda or the very first mechanical mod? See I don't but I am sure of one thing after those all other devices since are a variation of those original designs so therefore are copies. Granted they are slightly different in size or how it gets its airflow and of course cosmetics. What these jerks did has to be one of dumbest displays of human behavoir I've seen in awhile. We have taken something that used to be celebrated and turned it into mine is better than yours cause my battery tube was made in america and costs more than most of you make in a week. This whole authentic vs clone thing has reached well beyond idiotic status. I thought the way this went down was pathetic but when I saw that guys shirt I experienced many emotions at once. I went from shock to sadness in a blink of the eye. Now in the US if you believe in the second amendment are a god fearing person, believe in any conspiracy theory you are labeled a domestic terrorist. Now apparently if I support clones my money is going to support them. That's the bigger issue here not their lame attempt to take legal action against this vendor but to their way of thinking period. That t-shirt speaks volumes about this company and those like it.
Aaronhami924
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@ Cherrycakes, thats a lucky mod