Roof rack controversy. Gobi Vs Whitson

[Runn4est]

The way I've always understood a patent was that it is a unique implementation (design) of a specific idea (roof rack), not just a specific idea...I don't see how they can win this, short of his design being a mirror image of a Gobi rack.

I personally don't have a rack yet, but I can certainly guarantee that when it comes time, it won't be a Gobi. Can't stand trying to kill competition via litigation. Try doing something better, like innovating a new product that spurs other companies to push the limits even further.

Good luck, and I hope to see you back at it soon!

 

[Titanpat57]

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.

Thank you for keeping this open..

if Gobi is listening...please listen to this!

I'll sell this overpriced POS Gobi on my truck and order one from Whitson once he starts back up!

Put that in your f'ing pipe and smoke it!

 

[MillerPKA]

I've been here for nearly a decade, and honestly I have never been so disappointed in this community. All of the armchair business majors and patent attorneys have come out of the woodwork and fed into this mob mentality. I've seen bits and pieces of this in the past but never on this level.

I'm glad there are some in here who take into account the full scope of the issue, but unfortunately the uneducated and misinformed have as loud of a voice as that of reason, if not louder. Josh, I remember your first post here introducing the rack and even gave you some suggestions for improvement. And although I can see your side, this is the ugly part of doing business - no matter the industry.

People complaining that a company took measures years ago to protect its brand? Now all of these people are calling Gobi Goliath? Why? Because they report every sale to be taxed and have employees? Those employees are people too - good people I might add- and you've taken it upon yourself to deem an independent fabricator more human than a company? You are DIRECTLY damaging those people. Just because they don't have accounts here doesn't mean they are unworthy of your empathy.

I am seriously ashamed at how this site has responded. It would have been one thing to discuss it on here publicly, hell that's what makes this place great, but to spill your half-formed, emotion driven rage onto their personal pages?

I understand this business, and more importantly, I have been engaged with this EXACT litigation in another industry. They have every reason in the world to protect what is theirs. It doesn't matter if you can't see that, there is a business built around everything, and just because your view is limited to that of a consumer doesn't make you right - it makes you ignorant. To slander a name that has been established through years of hard work and innovation, because you think you have an understanding, is seriously concerning.

Those who are taking the discussion to Gobi's pages and sites, you should take a long look in the mirror. I feel for Josh, and with his talent I know there are ways he can innovate and coexist in time, but in trying to support a forum member you are actively damaging the reputation of a good damn company just because you feel the need for some social justice.

I have connections to the company, but I am a member here and friends with a lot of you first and foremost. And as your friend I'm telling ya, you are not helping matters at all. I hope the more malicious protesters think about what they're doing, and let the business matters be handled by those directly involved.

 

[the great him]

I've been here for nearly a decade, and honestly I have never been so disappointed in this community. All of the armchair business majors and patent attorneys have come out of the woodwork and fed into this mob mentality. I've seen bits and pieces of this in the past but never on this level.

I'm glad there are some in here who take into account the full scope of the issue, but unfortunately the uneducated and misinformed have as loud of a voice as that of reason, if not louder. Josh, I remember your first post here introducing the rack and even gave you some suggestions for improvement. And although I can see your side, this is the ugly part of doing business - no matter the industry.

People complaining that a company took measures years ago to protect its brand? Now all of these people are calling Gobi Goliath? Why? Because they report every sale to be taxed and have employees? Those employees are people too - good people I might add- and you've taken it upon yourself to deem an independent fabricator more human than a company? You are DIRECTLY damaging those people. Just because they don't have accounts here doesn't mean they are unworthy of your empathy.

I am seriously ashamed at how this site has responded. It would have been one thing to discuss it on here publicly, hell that's what makes this place great, but to spill your half-formed, emotion driven rage onto their personal pages?

I understand this business, and more importantly, I have been engaged with this EXACT litigation in another industry. They have every reason in the world to protect what is theirs. It doesn't matter if you can't see that, there is a business built around everything, and just because your view is limited to that of a consumer doesn't make you right - it makes you ignorant. To slander a name that has been established through years of hard work and innovation, because you think you have an understanding, is seriously concerning.

Those who are taking the discussion to Gobi's pages and sites, you should take a long look in the mirror. I feel for Josh, and with his talent I know there are ways he can innovate and coexist in time, but in trying to support a forum member you are actively damaging the reputation of a good damn company just because you feel the need for some social justice.

I have connections to the company, but I am a member here and friends with a lot of you first and foremost. And as your friend I'm telling ya, you are not helping matters at all. I hope the more malicious protesters think about what they're doing, and let the business matters be handled by those directly involved.

Oh so its OK for a group of people(company) to go after another person and run them into the ground for making a product that provides competition? Yeah well I'm gonna go out and patent breathing through the nose... So be fore warned everyone, you better start breathing through your mouth cause I'm gonna start coming after those who infringe upon my idea...

 

[Antman]

GOBI trying to close this thread on a public forum is just plain ridiculous and far reaching, the same way many of us feel about this lawsuit. Coincidence? It really rubs me the wrong way.



Does the "O" in GOBI stand for omnipotent?

 

[MillerPKA]

Oh so its OK for a group of people(company) to go after another person and run them into the ground for making a product that provides competition? Yeah well I'm gonna go out and patent breathing through the nose... So be fore warned everyone, you better start breathing through your mouth cause I'm gonna start coming after those who infringe upon my idea...

When the likeness of said product is close enough that they believe it threatens their own product? Absolutely! As far as I know Gobi went through the proper channels and contacted him privately. This is a very common business practice that happens every day in this country - you just don't hear about others. If it was your money and years of effort you felt were being threatened, your tune would change.

 

[MillerPKA]

GOBI trying to close this thread on a public forum is just plain ridiculous and far reaching, the same way many of us feel about this lawsuit. Coincidence? It really rubs me the wrong way.



Does the "O" in GOBI stand for omnipotent?

Gobi is not trying to shut this thread down at all. They are trying to get their side of the story out. Not that it matters because it is very clear most have made up their minds with half of a story and little to no knowledge of the facts and laws behind it.

 

[Antman]

Gobi is not trying to shut this thread down at all. They are trying to get their side of the story out. Not that it matters because it is very clear most have made up their minds with half of a story and little to no knowledge of the facts and laws behind it.

It wouldn't be any different than Toyota trying to shut down a thread on here for.... frame rust as an example.

Bullshit.

 

[the great him]

Miller your only defending them because they give you free racks(or hugely discounted). 80% of us here are defending WM because he is a hardworking individual, and none of us are getting anything out of it from him, either past, present or future... So forgive us if we don't put very much weight on your thoughts on this subject

 

[wadle5]

most have made up their minds with half of a story and little to no knowledge of the facts and laws behind it.

The personal response of the defendant as well as the case has clearly been disclosed, as well as the wording of Gobi's Patent? To now push personal trajections, is this due to the fact Miller you wouldn't want to be affiliated with such company if it is rubbing this community in such a wrong way? Be a shame to have to get rid of that bling on your roof. The reality is I don't care if you have a gobi thats fine. But to simply stick up for this business practice is offputting.

If it was your money and years of effort you felt were being threatened, your tune would change.

It is not about money, it is about horrible business practice and not truly accepting a product better than their own was produced. It is the fact that several other business owners, entrepreneurs, and even rocket scientist have pointed out Gobis flaws in the matter. This is a childish way to try and stomp out competition on grasping at straws and making claims of an infringement of a product that in no way are similar.

 

[doubleroses]

This is heating up. I just want everyone (with a 5th gen) to know that I'm more than happy to take those worthless GOBI racks off of your hands. I'll even install it on my 4Runner and cross out their name to show my complete discontent toward them!!!

Yeah!!!! Get rid of those racks!!! Horrible company!!!

 

[BrianSD_42]

Gobi is not trying to shut this thread down at all. They are trying to get their side of the story out. Not that it matters because it is very clear most have made up their minds with half of a story and little to no knowledge of the facts and laws behind it.

MillerPKA,

CoB has indicated they did try to get this thread shut down. Not much to debate here unless we are questioning his version of events.

Gobi can post any time, even as themselves.

DiscountTire posts directly to the forum all the time. It really isn't that hard.

Also, I don't know how you can believe they are rightly protecting their brand. At first glance these racks are not similar enough to win in court but the company does have lots of money and lawyers.

I'm surprised at the defense of Gobi and the quasi attack on WMW.

Now all of these people are calling Gobi Goliath? Why? Because they report every sale to be taxed and have employees?

I mean dude.... It reads as if you are implying that WMW does not report every sale, basically that he is a tax cheat. That is just how I read your comment.

AND I don't even like roof racks that much. The only one I did like was WMW but not enough to shell out that kind of $$$.

Those who are taking the discussion to Gobi's pages and sites, you should take a long look in the mirror.

I would just advise that anyone leaving comments for Gobi be careful what they say. With that said, lawsuits when filed in the United States are public and anyone has a right to know about the existence of said lawsuit. If Gobi wasn't prepared to talk about their lawsuit on social media they should have never filed it in the first place. We can agree that there was no gag order, yes? Ok so not much to talk about here. It's a public lawsuit that affects more parties than just Gobi, WMW and not a private affair.

 

[momo.75]

When the likeness of said product is close enough that they believe it threatens their own product? Absolutely! As far as I know Gobi went through the proper channels and contacted him privately. This is a very common business practice that happens every day in this country - you just don't hear about others. If it was your money and years of effort you felt were being threatened, your tune would change.

I know for FACT that GOBI did not "go through the proper channels" to contact him directly. Instead they just went straight for the knee caps of a one man operation. Yes it is very common practice for most upstanding companies to do that but apparently they feel so threatened by one person they want to hurt him and his family. If there is anything to be ashamed of it would be GOBI's course of action. Even when it is proven that Josh is in the clear he will still be paying out the nose.

 

[Doc2012]

When the likeness of said product is close enough that they believe it threatens their own product? Absolutely! As far as I know Gobi went through the proper channels and contacted him privately.

So Pepsi should sue all other manufactures for ripping off Mtn. Dew? Or Coca Cola? Food Lion, Wal-Mart, Lowes, ect? Why hasn't that happened yet?


And, if you read Josh's previous post, this is the first contact with Douchi at any point.

 

[Misterquad]

I never heard of Whitson before this thread. Now I am looking to see who he is. Thanks Gobi!!!

 

[Thai]

Gobi trying to shut this thread down is because this forum is #1 on Google. You search for Gobi vs. Whitson, you get this forum at the very top.

Here's the thing...it seems like Gobi is reaching with this lawsuit and WM is the victim...but again, I am no expert nor a lawyer.

HOWEVER, it is NOT prudent to go all out against Gobi. By Whitson posting in this thread, it COULD violate the terms of the lawsuit...so, all this bravo chest pumping stuff (esp. on social media against Gobi) by some here could HURT Whitson instead of helping him! Gobi lawyers could use all this against him.

I agree with above...be civil and discuss. Defecating on Gobi ain't helping anyone, esp. Whitson.

Like I said before, just let the legal system handle it. If Gobi is victorious, then so be it...THEN show your displeasure of their business thru social media! Vote with your wallet. If Gobi is found at fault and WM is in the clear, THEN still show your displeasure of Gobi thru the media and vote with your wallet.

Just my 1 cent. And no, I do not have Gobi racks on my MDX!

 

[BrianSD_42]

HOWEVER, it is NOT prudent to go all out against Gobi. By Whitson posting in this thread, it COULD violate the terms of the lawsuit..

Thai, how about you stick to medicine and watches. JK.

For one thing this hasn't even gone to court yet so I don't see how there can be any terms of the lawsuit.

This is a civil case and even with a cease and desist demand I'm pretty doubtful the letter has the power of law to act as a gag order before the parties have even gone to court.

Plus WMW already effectively lost simply because he announced he is shutting down his business. That is likely something he chose to do his own so that worst case he just goes out of business. It is risk mitigation and not an indication of the merits of the case.

 

[Thai]

Thai, how about you stick to medicine and watches. JK.

For one thing this hasn't even gone to court yet so I don't see how there can be any terms of the lawsuit.

This is a civil case and even with a cease and desist demand I'm pretty doubtful the letter has the power of law to act as a gag order before the parties have even gone to court.

Plus WMW already effectively lost simply because he announced he is shutting down his business. That is likely something he chose to do his own so that worst case he just goes out of business. It is risk mitigation and not an indication of the merits of the case.

I thought that he stated that he was going to fight it? I may have mis-read. I did make a disclaimer of me not being a lawyer!

 

[BrianSD_42]

Thai - I agree with you that it may not have been wise for him to comment publicly.

I hope it turns out the best for him. This lawsuit seems frivolous.

 

[Antman]

This is heating up. I just want everyone (with a 5th gen) to know that I'm more than happy to take those worthless GOBI racks off of your hands. I'll even install it on my 4Runner and cross out their name to show my complete discontent toward them!!!

Yeah!!!! Get rid of those racks!!! Horrible company!!!

Just for the record- I bought my Gobi through a group buy on this forum. Fact is, I love the rack! It was expensive, but very well made and extremely useful.

Prior to this thread the only problem I had with Gobi was their customer service- which sucks- and is WELL documented on this forum. Do a search. How many people have been told that their rack was shipped only to call a week later and be told there was a problem with the powdercoating? Lots. Including me, several times. I just wanted an honest answer and kept getting the run around. They seem to have a problem with the truth in that respect.

I have an opinion about the lawsuit and how Gobi is handling it but it's not my place, IMO, to discuss it further without hearing ALL the facts.

Reaching out to Admin to stifle our comments is an entirely different issue and to me speaks volumes about how they operate.