Roof rack controversy. Gobi Vs Whitson

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I see the patent...what is the lawsuit language? Which part of the patent did they focus on?

Again, why not wait? Is your ass burning with rage these days to not wait for a judgment?

Was it you that said to spam Gobi on social media??

Here is the lawsuit.
https://docs.rpxcorp.com/lits/655/15411/03915919688.pdf?Signature=7zGMKTEkGgmT3U0m2%2FMEEzsyeps%3D&Expires=1440000081&AWSAccessKeyId=AKIAI2UWKALIEYBVOKDA


Don't you people Google? LOL I was also able to find Gobi's owners phone number and email address but I'm not posting that.
 
Speaking from some experience and having done my own extensive costly research, I have come to the conclusion that this form of business is not only lazy but shows what kind of character that the mentioned "Goliath" company has. I'm ashamed to admit that I have done business with them in the past and pending a very compelling retort or excuse as to why they would bully a smaller company over such a common product, I will no longer support or push them.

I'm also ashamed I didn't hear about Whinstons business till this post started. Having skimmed this thread and seen the two racks there are some clear differences, the most similar parts are material use. One could make the argument that all plate bumpers are the same under the same set of eyes. I wish I would have, because IMO they make a better product from the pictures that I have seen.

We as a fabrication company have been copied since day one, I use to get offended and didn't feel it was fair. But as time went on I used it as fuel, and realized that competition breeds ingenuity. Now when we see a new bumper come out that looks almost identical to ours we don't waste time getting it patented or trademark we go back and look at ours, can we make it better? can we step up our game? Is our customer service as good. We look with in not out.

Call it trademark/patent, it has a really simple name Bullying. Bigger companies are taking the easy way out. These law suites aren't meant to go into court neither side can afford that. What it breaks down to is a out of court quick money grab. They will offer up a "damaged" amount or a "settlement" They will ask for obscene amount and they will negotiate down to an agreed amount. It's a quick way for the aggressing company to make a quick buck at very little cost or time to them and possibly put a big enough dent into the competition to push them out of business. IMO it's a low blow to the industry and speaks volumes to the character of the aggressor. Often times you will hear the battle cry from the agressor that they are just protecting them selves from bigger china built companies. In reality that's the furthest thing from the truth they could never go after larger companies.

I hope the best for Whinston and if he is allowed to go back into business making his racks, I will do what I can to help push and support his business.



Where do I even begin to explain how I feel about this mess? Most of you may not know but I have a pretty bad anxiety problem, and a lawsuit is the last thing I needed to worry about and add to my plate! Since the thread has been created, I may as well say my piece and then leave it be.

First, I never expected to still be building racks. The fact that I still am is largely due to the support I've received from the T4R.org community and I'm truly thankful for it.

When I decided to build a rack for myself, I looked at what was available on the market and figured I can build a better low-profile roof rack, so I came up with my 3rd gen design. I still have the very index card I wrote all of my bend measurements on 3 years ago, I use it on every build. I have no idea how a piece of paper has lasted so long with so many trips through a greasy, gloved hand and hasn't been set on fire from grinder sparks or welding spatter.

I had no knowledge of patents or the ins and outs thereof, I wasn't planning to build the same product so who cares, right? Eventually the 4th gen rack came to be; basically a wider version of the 3rd gen rack with a different mounting setup. Fast forward to a few weeks ago when my mother called me at work late one night. Thinking that's pretty odd I give her a shout and she lays the news on me...a lawsuit had been filed. Anxiety through the roof! No sleep, no eat, no smiles, bad times. We look at the lawsuit, we see their patent, and it's immediately apparent that it's different from every angle. They're as similar as one brand of pickup truck is to another brand of pickup truck. They're different from the top, from the side, from the front, and from the back. Reading into patent law has tought me that's there's a lot to patent law I'll never understand. One thing that sucked to learn was how ridiculously expensive patent litigation is. As all of you are aware, I'm a one-man operation. This is very much a David and Goliath situation and basically, just fighting this, right or wrong, will put me so far under the table it's crazy. I have my own theories as of to why exactly the suit was brought, many of you share those same ideas. For obvious reasons, I can't divulge specifics of the issue until all the dust settles and I can see what's left. The lawsuit itself is a matter of public record and it makes me so sick I get tired of seeing my own name in print. I'm doing my best to keep going and keep the shop lease paid. Who knows, I may finally have time to play with bumpers or something... Everyone is welcome to their own opinion and once again, I appreciate the support I've received from this forum. If you're the praying type, keep me in your prayers as this is a very stressful time for my family and I.

To all those who's orders I had to forego: please feel free to email at any time. If or when I'm able, I'll gladly work with any of you again.
 
I hope the best for Whinston and if he is allowed to go back into business making his racks, I will do what I can to help push and support his business.
:bravo: :bravo: :bravo: :bravo:

I applaud you for publicly sharing your opinion on this topic and supporting a fellow vendor.
 
Jason, thank you for posting your thoughts. This is why i like working with you guys. You, Daniel and Tiffany are all top notch and have built a great company. You products are great but your customer service is even better. I know Josh appreciates your kind words as well


PS - Happy Belated Birthday!
 
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Gents, I got a call just now, about this thread.

Gobi is now actively attempting to shut this T4R thread down. They're trying to get hold of the site owner to force him to remove it.

This thread was started by a completely unaffiliated member and I do not find it necessary to shut it down. Some good discussions and relevant points have been made here so far. Genuine opinions, thoughts, and concerns are integral for a good thread.
 
you know how you guys said you were surprised that Gobi didn't sue Baja Rack... Well apparently they have. although its only for the wrangler roof rack and FJ cruiser ladder. It looks like their legal team might be going a little wild.
https://docs.rpxcorp.com/lits/265/15411/03915919639.pdf?Signature=3vgnbSpHRvs0xGj0VJx%2FdLCH9mo%3D&Expires=1440012831&AWSAccessKeyId=AKIAI2UWKALIEYBVOKDA

Also Looks like this guys alternate company in addition to gobi, he owns a company that makes bags and cell phone holders. and they have sued a whole bunch of companies in regards to them. but it looks like those all fell through. although I am not 100% sure of the outcome. I'm liking the guy who owns gobi that much less the more and more I dig.
 
They have Facebook and Twitter for a reason.

Drop them a line.

Public feedback is what its all about these days.
 
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Gents, I got a call just now, about this thread.

Gobi is now actively attempting to shut this T4R thread down. They're trying to get hold of the site owner to force him to remove it.

This thread was started by a completely unaffiliated member and I do not find it necessary to shut it down. Some good discussions and relevant points have been made here so far. Genuine opinions, thoughts, and concerns are integral for a good thread.

I can relate to this too. I found out that with strategically placed products, vendors that sponsor sites have a fair amount of pull when negative stuff like this surfaces. I didn't comment one time to my own problems, plenty of others did but the aggressor sought to have it removed from all the forums they supported. Except one still carries the conversation. Good on you for sticking to the moral high ground and not being bullied into pulling it.
 
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Their website is under construction at the moment and has recently added "PATENTED PATENT PENDING" to their banner. Looks like someone's trying to cover up their mess.

The links to the lawsuits are not working for me anymore either.
 
Gents, I got a call just now, about this thread.

Gobi is now actively attempting to shut this T4R thread down. They're trying to get hold of the site owner to force him to remove it.

This thread was started by a completely unaffiliated member and I do not find it necessary to shut it down. Some good discussions and relevant points have been made here so far. Genuine opinions, thoughts, and concerns are integral for a good thread.

Us americans have rights! We also have opinions, and shutting this thread down isn't going to change anyones feelings about gobi.

"yeah there is a bunch of guys talking sh*t about our roof racks, lets just take down the thread and hopefully it'll be like it never happened"

good one gobi.
 
you know how you guys said you were surprised that Gobi didn't sue Baja Rack... Well apparently they have. although its only for the wrangler roof rack and FJ cruiser ladder. It looks like their legal team might be going a little wild.
https://docs.rpxcorp.com/lits/265/15411/03915919639.pdf?Signature=3vgnbSpHRvs0xGj0VJx%2FdLCH9mo%3D&Expires=1440012831&AWSAccessKeyId=AKIAI2UWKALIEYBVOKDA

Also Looks like this guys alternate company in addition to gobi, he owns a company that makes bags and cell phone holders. and they have sued a whole bunch of companies in regards to them. but it looks like those all fell through. although I am not 100% sure of the outcome. I'm liking the guy who owns gobi that much less the more and more I dig.
You are an amazing private investigator as none of this info is pulling up on my computer. How are you finding this stuff as I haven't been able to physically pull anything?!?!

Their website is under construction at the moment and has recently added "PATENTED PATENT PENDING" to their banner. Looks like someone's trying to cover up their mess.

The links to the lawsuits are not working for me anymore either.
I noticed that earlier today as well. Seems like the back pedaling has begun. To not only pursue a fellow member, but now to start threatening a forum...really? :smashputer:
 
Hey Gobi- Freedom of Speech, ever heard of it?

How embarrassing for you.

How embarrassing it's starting to become to be a former customer...
 
let's keep things civil and fair.

Thank You sir, I guess from here on out I will just refer to said company as "Goliath". . .
All the other company(david) will need to do is show every variation he has and custom rack he has fabricated and shown it is not just a mass produced clunky piece of roofware like Goliath claims it.
In the side by side comparison it is a little sneaky what the did in B.12 figure 5 and 1. They show two different vehicles with different racks(not labeled), they also show these two somewhat CAD images, but what they don't disclose is the two cad images are BOTH are the plantiffs and not the defendants. Go figure legal documents skewing views and the system.
 
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The links to the lawsuits are not working for me anymore either.

should be able to find it here:
https://search.rpxcorp.com/lit/codce-157326-intelligent-designs-2000-v-whitson-metal-works
just click "view complaint"

wadle5 said:
You are an amazing private investigator as none of this info is pulling up on my computer. How are you finding this stuff as I haven't been able to physically pull anything?!?!

It's a hobby, had a few Ex-girlfriends... just kidding.

Its all about what you search for. I came across the litigation accidentally I was just looking for information about when Gobi became incorporated. because I feel like roof racks existed before 2003 when they applied for the patents. That's how I found that they are incorporated as "intelligent designs 2000 corporation". and then I just went from there.

Here are all of the "Inteligent designs" litigations:
https://search.rpxcorp.com/advanced...=true&searchq=Intelligent+Designs+2000&utf8=✓
 
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