Roof rack controversy. Gobi Vs Whitson

[gnargnarpowpow]

You gotta love the internet!

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[CPT2nr88]

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!

I think he has to fight it. Judging from the wording of the lawsuit, stopping production isn't enough. Gobi wants the royalties for every rack he has sold. and for him to pay their Lawyer fees. Cooperate lawyers aren't cheap! Not one bit! and it looks like this firm has been with gobi since atleast 2008.

 

[ID2000]

Hello, my name is Paul Badillo one of the owners of Intelligent Designs 2000 (ID2) GOBIUSA and I have come to talk with Mr. Whitson as I have not yet heard from him. The complaint which was served you was just that, a complaint which would turn into a lawsuit if you choose not to answer. To this date I have still not heard from you thus the automatic lawsuit. I understand your fear or anxiety over this issue but as business owners these things can come up from time to time and they need to be addressed. Consider this a learning experience, and I can assure you that dealing with ID2 is not what you think; no one is going to shut you down or take anything away we simple need to talk. I have the utmost respect for those who work hard and have passion in what they do and you clearly have that. I need you to respond to the complaint so that we can take care of some simple issues then go about our business.
To the rest of the online community this issue between Mr. Whitson and Intelligent Designs 2000 is not a David and Goliath ordeal its simple business which can be taken care of in a very amicable painless manner.
I look forward to talking with anyone who wishes to send me questions and I will do my best to answer, thank you.

 

[Range]

3 sides to the story......

I commend you for the post Paul. I hope you and Josh can get things sorted out and both of you continue to do business with a little friendly competition.

 

[BrianSD_42]

Paul,


https://www.chamberofcommerce.com/commerce-city-co/1663925-intelligent-design-2000


Patents by Inventor Paul Badillo - Justia Patents Database

These patents sound vaugue as heck.

Did you make this product or did you file the patent and then sell it to Gobi?

Convertible vehicle storage rack
Patent number: 8496146
Abstract: A convertible roof rack is provided that is generally comprised of a light bar and a roof rack that is spaced from the roof of a vehicle. The roof rack is also rotatably interconnected to a support structure associated with the rear of the vehicle such that it is capable of moving from a first position of use adjacent to the roof to a second position of use away from the roof where the light bar remains interconnected to the vehicle adjacent to the windshield. As such, electrical connections associated with the light bar remain intact when the roof rack is rotated away from the roof.
Type: Grant
Filed: August 23, 2010
Issued: July 30, 2013
Assignee: Intelligent Designs 2000 Corp.
Inventor: Paul Badillo

CONVERTIBLE VEHICLE STORAGE RACK
Application number: 20130299538
Abstract: A convertible roof rack is provided that is generally comprised of a light bar and a roof rack that is spaced from the roof of a vehicle. The roof rack is also rotatably interconnected to a support structure associated with the rear of the vehicle such that it is capable of moving from a first position of use adjacent to the roof to a second position of use away from the roof where the light bar remains interconnected to the vehicle adjacent to the windshield. As such, electrical connections associated with the light bar remain intact when the roof rack is rotated away from the roof.
Type: Application
Filed: July 15, 2013
Issued: November 14, 2013
Inventor: Paul BADILLO

 

[Thai]

Paul,

Patents by Inventor Paul Badillo - Justia Patents Database

These patents sound vaugue as heck. Did you even make this product or did you file the patent and then sell it to Gobi?

Does it matter?

Whitson needs to answer the complaint. Simple as that. No lawsuit is needed. It is in Whitson's court now.

Just wait...everyone needs to take a deep breath and just wait. No need to burn down the village yet. Remind you of something recently in our society? :tape2:

Why do we need to be legal or patent experts all of a sudden? Why are we suddenly the judge and executioner?

 

[Blue Seat Lyfe]

Didnt think patent trolls were in the offroading accessory sector...thought they stayed in Tech.

 

[momo.75]

Interesting that the person filing rhe lawsuit would try to communicate on a public forum instead of going through their attorneyl

I know for a fact that there was no attempt to contact Josh bedore the lawsuit was filed. Knowing Josh he would have gladly talked to anybody before having to ho through this mess

 

[BrianSD_42]

It's interesting because NPR's This American Life did a two part segment on patent firms and their effect on the economy and small businesses.

Highly recommend you all check it out.

 

[snivilous]

These patents sound vaugue as heck.

Typically, at least with the work I do, you make your patent claims (which really matter, the summary is just fluff) to cover as much stuff as you can. Otherwise you can have people who come and change a few bolt locations and call it a new product, obviously that's an extreme example but you get the idea.

 

[Thai]

Interesting that the person filing rhe lawsuit would try to communicate on a public forum instead of going through their attorneyl

I know for a fact that there was no attempt to contact Josh bedore the lawsuit was filed. Knowing Josh he would have gladly talked to anybody before having to ho through this mess

Momo...what is your interest in all this? You seemingly has advertised for Whitson products on more than one forum. I think that a disclaimer is needed.

So, you guys praised Whitson for being honest and local small town boy for coming on this forum to express his views/arguments. You guys then blasted Gobi for not doing the same...and how Gobi is this big evil empire out to ruin everyone.

Now that Gobi rep has answered, you blasted him for doing so...in person no less!!! Does anyone else see the stupidity in all this?

Knowing Josh? Ok...well, here is his chance. Tell him to answer the complaint. Done. Earlier you wanted to lock this thread...this is your chance!

 

[wadle5]

Consider this a learning experience, and I can assure you that dealing with ID2 is not what you think; no one is going to shut you down or take anything away we simple need to talk. I have the utmost respect for those who work hard and have passion in what they do and you clearly have that.
To the rest of the online community this issue between Mr. Whitson and Intelligent Designs 2000 is not a David and Goliath ordeal its simple business which can be taken care of in a very amicable painless manner.

I'm just confused when you said dealing with you is not what you think, when you currently have 3 litigation's pending, 1 with several defendants and a history of patent lawsuits?
In regards to your second comment of simple business, I don't think this is normal business and that is where the default lies.
Lastly in regards to amicable painless manner, by that do you mean having him pay royalties and quit producing his namesake? Seems very painless(for one party), and again does not make it right.
If you could just explain the reason for only pursuing some companies and not pursuing all makers of roof racks? What about ARB, JC Whitney rhino racks, Equipt expedition outfitters, etc etc. Because according to your patent wording "to provide a storage rack adapted for interconnection with the roof of a vehicle " they all are infringing.
Any answers would be greatly welcomed.

 

[wadle5]

Momo...what is your interest in all this? You seemingly has advertised for Whitson products on more than one forum. I think that a disclaimer is needed.

So, you guys praised Whitson for being honest and local small town boy for coming on this forum to express his views/arguments. You guys then blasted Gobi for not doing the same...and how Gobi is this big evil empire out to ruin everyone.

Now that Gobi rep has answered, you blasted him for doing so!

Knowing Josh? Ok...well, here is his chance. Tell him to answer the complaint. Done. Earlier you wanted to lock this thread...this is your chance!

Thai what is your interest, when you completely disregard all the references, diagrams, supporting DATA(not opinions) and litigation and stick up for Gobi? I think a disclaimer is needed for your posting as well as all you have done is stir the pot, but not actually contribute to this thread. And when proven wrong on several occasions, you seem to back off(a bit), but then seek someone else to target and try to belittle.

 

[Thai]

Thai what is your interest, when you completely disregard all the references, diagrams, supporting DATA(not opinions) and litigation and stick up for Gobi? I think a disclaimer is needed for your posting as well as all you have done is stir the pot, but not actually contribute to this thread. And when proven wrong on several occasions, you seem to back off(a bit), but then seek someone else to target and try to belittle.

Yeah, I have an MDX with Gobi rack dude! Hey I have one too on my Sienna minivan! Woohoo!! In fact, on EACH of those vehicles, I have TWO Gobi racks; one on top of the other! This way, I double Gobi's weight limit! Gobi rocks!

Now, before you go and ignorantly quote me, above is sarcasm.

Me proven wrong in this thread? By who? You? LOL. Dude, what you have shown is blind enthusiasm and ignorance.

Anything else?

 

[momo.75]

Momo...what is your interest in all this? You seemingly has advertised for Whitson products on more than one forum. I think that a disclaimer is needed.

So, you guys praised Whitson for being honest and local small town boy for coming on this forum to express his views/arguments. You guys then blasted Gobi for not doing the same...and how Gobi is this big evil empire out to ruin everyone.

Now that Gobi rep has answered, you blasted him for doing so...in person no less!!! Does anyone else see the stupidity in all this?

Knowing Josh? Ok...well, here is his chance. Tell him to answer the complaint. Done. Earlier you wanted to lock this thread...this is your chance!

lol....i never said anything about wanting the thread locked. You were the one trying to have it locked. I am sure people see where the stupidity is in all this.

 

[BrianSD_42]

Now that Gobi rep has answered, you blasted him for doing so...in person no less!!!

I'm not sure he is the Gobi rep. He sounds like the owner of the patent who either sold or leased out his patent to Gobi. Or maybe he founded Gobi as well, I don't know.

 

[Thai]

lol....i never said anything about wanting the thread locked. You were the one trying to have it locked. I am sure people see where the stupidity is in all this.

Momo, no need to get defensive. Honesty is needed...that's all. Just state your disclaimer dude. And why are you being so hostile with me earlier in the thread? We know each other for a long time. :sorry:

 

[CPT2nr88]

The complaint which was served you was just that, a complaint which would turn into a lawsuit if you choose not to answer. To this date I have still not heard from you thus the automatic lawsuit. I understand your fear or anxiety over this issue but as business owners these things can come up from time to time and they need to be addressed. Consider this a learning experience, and I can assure you that dealing with ID2 is not what you think; no one is going to shut you down or take anything away we simple need to talk

I look forward to talking with anyone who wishes to send me questions and I will do my best to answer, thank you.

I have a few questions...

First, why not contact WMW directly rather than filing a complaint in a legal court? Perhaps you may not be as familiar with Law practices as I am, but a legal complaint isn't simply someone simply raising awareness to another party. It is by definition, "the initiation of a civil lawsuit"

Does it matter?

Whitson needs to answer the complaint. Simple as that. No lawsuit is needed. It is in Whitson's court now.

Just wait...everyone needs to take a deep breath and just wait. No need to burn down the village yet. Remind you of something recently in our society? :tape2:

Why do we need to be legal or patent experts all of a sudden? Why are we suddenly the judge and executioner?

It doesn't turn into a lawsuit, it is a lawsuit! It was filed on the 28th of July and assigned a judge tor preside over it before WMW was even notified. Additionally 1 day later the court date was assigned.

I am floored that ID2 wasn't aware of this after their 10 month legal battle over the phone case in 2011. or perhaps the similar dispute in 2008?

Second, why on earth did Gobi attempt to censor this forum?

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 find it very unlikely that the forum Admin would lie about that...

Third, why come on here at all? I'm willing to bet legal council advised against it. Seems to me like you suddenly have cold feet about this lawsuit and may have realized you might have actually bit off more than you can chew with this one.

 

[Thai]

I'm not sure he is the Gobi rep. He sounds like the owner of the patent who either sold or leased out his patent to Gobi. Or maybe he founded Gobi as well, I don't know.

Do you not find it hilarious though? Gobi can do no right. The mass has made up its mind.

 

[bpwwer]

I'm just going to throw this out there.

If you are granted a patent by the patent office, you are given the right to be the exclusive provider of products based on that patent for some length of time.

If you are granted a patent by the patent office and you don't enforce it, you can lose the rights afforded by the patent.