:lmao:
WP25/40 No more?!
- Thread starter tlo25
- Start date
:lmao:
downbydasea
New member
curious who received the letter, and would they contact every vendor selling these....I haven't received anything and the manufacturer has not responded has of yet.
Hm. Not if someone got a successful claim from ITC, disputed item will be held in the custom. Most notable recent case is some HTC phones were held in custom because of a successful claim by Apple. Although I don't really think this is the situation here.
There just trying to scare stores in the USA to not carry the competing pump .
Lets say I go to the store and there is a Tunze then Ecotech and Jeabo pump and Jeabo is priced at 1/4 the price **** why not buy it . Thus losing a sale for Tunze or Ecotech
No one at customs is going to stop a product like Jeabo named difference and It not a Counterfeit by naming and selling it as Tunze ....
Lets say I go to the store and there is a Tunze then Ecotech and Jeabo pump and Jeabo is priced at 1/4 the price **** why not buy it . Thus losing a sale for Tunze or Ecotech
No one at customs is going to stop a product like Jeabo named difference and It not a Counterfeit by naming and selling it as Tunze ....
downbydasea
New member
My question is, what is the specific wording of the cease and desist letter.....typically a cease and desist is a "warning " to a party to stop doing a certain activity and if they do not comlply a law suite against that party can be filed....so if their warning is to stop selling these products, that does not mean I can not continue to bring them to the country, to my knowledge i can not find any records or statements of a filed law suite involving Jebao and Tunze....
Also for whom ever received the letter have they filed for a request of declaratory judgement to determine the rights of the parties envolved?
So we will see how this pans out.
Also for whom ever received the letter have they filed for a request of declaratory judgement to determine the rights of the parties envolved?
So we will see how this pans out.
SimonSKL
New member
I have seen the letter but please don't ask me the source. Here are the key points in the letter:
- infringement of US Design Patent No D567821
- Jebao pumps appear identical or near identical to the patent
It appears the design patent is ornamental rather than functional. As Joshlawless pointed out in his earlier post the design patent is only limited to those aspects alone. One can argue the degree of similarity between the two pumps but not the functionality. If Jebao would change their pump appearance slightly to look different then there is no infringement. There is no mention of magnetic mount patent infringement in the letter.
- infringement of US Design Patent No D567821
- Jebao pumps appear identical or near identical to the patent
It appears the design patent is ornamental rather than functional. As Joshlawless pointed out in his earlier post the design patent is only limited to those aspects alone. One can argue the degree of similarity between the two pumps but not the functionality. If Jebao would change their pump appearance slightly to look different then there is no infringement. There is no mention of magnetic mount patent infringement in the letter.
joshlawless
New member
This has already panned out. Tunze sent a threat letter to US-based vendors of the Jebao pump, with the sole intention of intimidating them out of selling it. Their mission is accomplished, and they're finished.
If a larger vendor with the resources to respond to a suit were to sell this pump, there might be some more action, but Tunze would have to be stupid to actually file suit against anyone with the means to raise a defense - their patent is pretty apparently invalid, and would likely be adjudicated as such by any court.
joshlawless
New member
This whole situation makes me want to purchase a few hundred WP40s and WP25s direct from Jebao, and set up a small web shop undercutting fish-streets shipped price. If any of the folks who set up a subsequently-cancelled group buy wants to PM me with the kind of prices Jebao was quoting for large purchases, I'd be grateful to know whether it's economically viable.
Philly guy
New member
I think this letter has answered one question once and for all. The jebao pump is having an effect on sales of Tunze and possibly VorTech pumps. Otherwise why even bother to attract more attention to them.
michaellee64
New member
I'm sure there is a tremendous amount of people in this hobby, that have been saving their coins for some time, wanting to buy a controllable pump. With the introduction of these powerheads it became a reality to them, which in turn equated to lost sales for Eco-tech and Tunze! Welcome to affordable reefing!!!
This whole thing is making me laugh. Your better off not buying that junk. This thing sounds like a smaller scale of when you could buy cheap knock off Louis Vuitton handbags made in China and sold on ebay and every flea market in the US at least on the east coast. Then ebay was sued from Louis Vuitton. In the end you always get what you pay for in terms of quality.
joshlawless
New member
You don't always get what you pay for.
To wit, remember this fiasco:
www.advancedaquarist.com/2011/7/aafeature
illustrated briefly here:
Attachments
michaellee64
New member
So I guess we'll have to assume you have physically handled and tested one of these powerheads? Because maybe mine came from a different batch, as the quality of these powerheads is actually quite nice!
michaellee64
New member
I'm glad to hear that you like your MP-40. Maintenance is the key for longevity with anything. I'm not trying to start an argument about which is better, as they all are out there to fill a niche. The only problem I'm having is with all of these Jebao bashing threads! Just because it's Chinese, does not mean it's junk. Is the build quality up there with Eco-tech and Tunze?... by no means! But I am really impressed with the build quality for what the price is.
Cheers, :beer:
