Hana Modz Clone Lawsuit

I've got no sympathy for those vendors. They know damn well what they are doing is illegal, all they had to do was order the no logo ones and they would be fine. They only reason they can get away with it normally is nobody bothers registering their trademarks. The worst part is, most of these vendors double the damn price.

 

well i gotta agree with Ryan and i have to admit this is what i really dont like on the clones at all.

I am fine having a much cheaper vaping device which is similar / similar look / similar function / similar feel to the original one, so basically saying i am fine with 80% less the price getting 20% less good quality / feel of a a vaping device,

however no matter if the trademarks are registred or not, its just from a ethical point of view not okay, to make it look / sell as it would be original. And i agree such things should stop,

but since i am working on the interent since long time, the whole trademark issue is getting totally abused by the big companies which hold the trademarks expandig their trademark right into fantasy island and often force out stuff from people just to scare them out.

 

IMO, copying the box itself is also wrong; with or without the logo. I'm not sure if copyright laws would allow them to protect the box itself or not seeing as how it's just a simple aluminum box, and they didn't invent the chip. But either way, making and selling an exact replica is a shady thing to do. I wouldn't feel right doing that. I don't mind buying it for 1/3 of the price and vaping on it though.

Another thing to note: most of those american pre-orders have no logo whatsoever - meaning it also doesn't appear on the screen. Cloupor sent samples to those vendors before actually fulfilling their orders. The samples had a few issues (incorrect ohms readout, faulty short protection, etc.). Then Cloupor, when fixing those issues, also removed Hana Modz from the startup screen and inside warranty stickers.

- - - Updated - - -

Damn, he was spot on.

 

well we all should keep in mind that copyright / trademark laws are infact for companies to earn more money and rule over others, from a broader perspective its a simple fact that copyright / trademark laws are against human growth,

Imagine Konrad Zuse would have copyrightest the first programable computer where would be today?
Imagine Carl Benz copyrighted the first car, where would we ve been today, if nobody besides Benz would be allowed to sell cars.

So from a broader perspective i believe that those laws are not in interest of humanity, so in general i dont like to support them, however making a exact copy and sell as look alike the original one, thats just not right from a ethical point of view

 

I can see your point about copyright, but how are trademark laws oppressive? If someone copies the formula for Coca Cola, especially without any type of theft, they should be able to sell it. The shouldn't be allowed to sell it as Coca Cola, it isn't Coca Cola. Likewise, they shouldn't have branded these clones, and I don't think they should be branding any clones. It kind of disappoints me when I see a Kayfun clone with the SvoeMesto logo on the bottom, as the only possible benefit would be for those who would try to pass it off as the original. Not only is it ethically wrong to produce the clone, I support Hana going after the vendors who are selling them. In case you weren't aware, and I'm not sure if it is the same way in Germany, not defending your trademark means you can lose that trademark if it becomes diluted. See here:

Case in point:
List of generic and genericized trademarks - Wikipedia, the free encyclopedia

Anyway, it isn't copyright that is applicable here, it is patent protection. None of these companies are even filing for patents because they take so long to get awarded. It is Hana's own fault for not even filing for a patent, but even if they did, by the time they got a patent awarded (which is doubtful, you can't patent a metal box) the market will have moved on. This industry is still in its infancy, and moving much faster than bureaucracy can keep up with.

 

About not being able to defend a diluted trademark, I think something like this happened with the Fender Stratocaster guitar.

Another thing about copying the logo is that it can give the brand a bad rep if the copy is crap or has issues.

 

i agree it shouldnt be allowed to sell a none original product under original name, cause thats just misleading and dishonest.

however i ve been a webmaster since 12+ years and seen how big companies abuse trademark laws to an incredible extend and most of the time they are winning cause small people simply dont have the budget in terms of lawyer costs to defend against them.

So i am strictly against those laws which make sure that companies get richer and people getting ****ed over with.

i can understand from a company point of view that they want to protect their ideas and not having it copied all over the place but the truth is that those companies abuse the tools they had been given and not use it for the good of mankind.

Most of the medicine whichs got patented and protected derives from ingredients found in nature, the companies cant get a patent on natural things but if they add some shit to it and fake the natural formula just a bit its possible get get that protected.

lets take the very well famous Aspirin from BAYER as example, if you read the included paper it says eat your aspirin with a glass of water if you have headache for example. Most people would agree that headache goes away after they too their aspirine. Funny enough that headache is often a sign of dehydration, so drinking a glass of water without the aspirine will let your headache vanish as well in 90% of all cases. Get what i wanted to say?

 

Rip is much happier with his new one with zero logos. Would link but net out here after the rain. On my phone.

 

But the start up screen would be the same, at least I think so. So how does it make a difference?

Sent from Samsung Galaxy Note 3 using Tapatalk

 

a fast firmware update can remove the logo, dont know if thay did that tho.

 

This one?

 

He said the start up screen had no logo.

 

That's it. Thanks for the link.