Roof rack controversy. Gobi Vs Whitson

[who done it]

I would disagree - in looking at this (and I am a no body) but have been following this thread since it's so popular on google. Calling ID2000 bad names (an ass hole) is not civil. For the most part people see things as the glass half empty and that is the majority of people here. We have fighting between friends, we have people stating they know fact when really there are two "facts' here. The facts of Josh and the facts of Paul. Whitson hasn't logged back in to say "yes I was received the complaint letter" or denying it (and I am sure some of you have already alerted him to ID2000 post). Paul logged in and sent a message - trying to calm things down. You all bash for him it saying "he has cold feet". I get it - all of you are on the other side (I am on no side) and if someone posts their opinion for the other guy you jump on them for it. That isn't being civil - that is bashing.
The admins of this site should at some point step in and say "no name calling, no bashing" Forums are for debating and discussing - bashing does none of those things. We can all have an opinion but the true test is to be open to outside views and other opinions as well.

I have to disagree with you (Shocker I know). Paul made some statements on the forum which were opposite of those stated in the lawsuit. Those close to Whitson even stated that he was not given a chance to respond. Being in a lawsuit currently, Whitson will probably not respond as Gobi may try to use this against him.

Gobi has already tried to shut down this thread, read that for what it is.

JDemello another extremely well respected business owner in this field made his opinions felt, and regardless of what side the forum was on, he also stated that the Gobi case has holes in it.

 

[Whohastime?]

Again, you have issues dude. You cannot comprehend anything written other than lets burn down the village. You were so critical of others when they jumped to conclusion in other threads...yet here, you do not see your own flaws. Get it yet?

Where logic should play a role - it doesn't.... "you can lead a horse to water but you can't make them drink". Jumping to conclusion "he has cold feet" is just another form of defense. Typically not the correct defense either.

 

[wadle5]

Who named you directly? I didn't. I would think many are at work right now and probably have to respond when they have time. Again looking at the glass as half full and not half empty wadle5

I never once inferred you named me. I was simply saying your statement is half empty from your first post.
Welcome to the forum I guess? :sadwave: Lets see that 4runner sometime?

 

[who done it]

Flawed logic. Don't let personal feelings get in the way of objectivity.

I agree and disagree. While my personal feelings do dictate who I favor, my personal experiences are different. I've seen many individuals sued and screwed by the legal system because they had less capital.

I've seen the system work, it takes care of people and it doesn't. Its flawed to think that the right person always win, or the outcome is always just and correct.

And Thai, wadle has a point. Everytime you were proven wrong, you do make a joke or a sly comment. Its not that hard to admit when one is wrong.

 

[Whitson Metalworks]

OK, please guys, take a step back and release each other's throats.

First, as CPT2nr88 pointed out, theres no such thing as filing a complaint for someone to answer before a lawsuit is filed. When you file a "complaint" in Federal court, it IS a lawsuit with a case number and everything. Why this is portrayed as unknown is beyond me.

Second, I am extremely reachable. I have two email addresses on my site which both go to my phone. I'm sure many of you can attest, I'll answer any email, any time. Is not hard to get ahold of me. The first shred of contact I had from anyone in this matter were copies of the lawsuit sent to both of my emails, and the shop.

As much as I'd LOVE to work this out man to man, that step has been skipped.

 

[Whohastime?]

I have to disagree with you (Shocker I know). Paul made some statements on the forum which were opposite of those stated in the lawsuit. Those close to Whitson even stated that he was not given a chance to respond. Being in a lawsuit currently, Whitson will probably not respond as Gobi may try to use this against him.

Gobi has already tried to shut down this thread, read that for what it is.

JDemello another extremely well respected business owner in this field made his opinions felt, and regardless of what side the forum was on, he also stated that the Gobi case has holes in it.

"Those close to him" - I have not heard Whitson jump on and deny it.... regardless of how close you think you are to people there can always be another side. Whitson posted before knowing it could be used against him, I don't see what has changed? Bring two people in a room together and it's amazing how the story will change, the tone will change and the real truth comes out..... that is management 101. It's like the phone game.... the way it started is not the way it ended, instead it's totally opposite. He told me, she told me.... not judging anyone persons character

 

[BrianSD_42]

Bring two people in a room together and it's amazing how the story will change, the tone will change and the real truth comes out..... that is management 101

Actually bring two people in a room plus their lawyers and the lawyer representing the side suing will ask for a massive settlement. It is all about money.

BTW in case no one noticed Gobi's Facebook no longer has ties to Google reviews and if you try to find "Gobi USA" or "Gobi Racks" in Aurora CO it goes to Intelligent Design's address.

 

[who done it]

"Those close to him" - I have not heard Whitson jump on and deny it.... regardless of how close you think you are to people there can always be another side. Whitson posted before knowing it could be used against him, I don't see what has changed? Bring two people in a room together and it's amazing how the story will change, the tone will change and the real truth comes out..... that is management 101. It's like the phone game.... the way it started is not the way it ended, instead it's totally opposite. He told me, she told me.... not judging anyone persons character

Please read the post above yours, and did you just join to argue on Thai's side? That's not shady at all.

Secondly, I posted the same time Brian did so he basically just said what I wanted to say.

 

[CPT2nr88]

Ok so the patents were filed well after Gobi had already been selling racks, then you sold the patents to Gobi who is now suing WMW with a patent they purchased from you.

You never manufactured or sold any racks using your patent.

Is that all correct? Based on your posts it sounds that way.

I hate to call a spade a spade but I'd love to hear an argument for why if the above is true then this is not a PATENT TROLL situation.

This is not the case to the best of my knowledge. Paul is one of the owners of gobi. The other is Sandra Martinez. He filed for the patents himself. Gobi is a trade name of Inteligent Designs 2000 cooperation. It has an additional trade name which makes phone/instrument cases.
https://www.sos.state.co.us/biz/Bus...Y&fileId=20001147292&masterFileId=20001147292

here is info about gobi:
https://www.sos.state.co.us/biz/Tra...M&fileId=20051165783&masterFileId=20051165783

and their other trade name "undercover cases"
https://www.sos.state.co.us/biz/Tra...M&fileId=20051165793&masterFileId=20051165793

 

[wadle5]

Please read the post above yours, and did you just join to argue on Thai's side? That's not shady at all.

Secondly, I posted the same time Brian did so he basically just said what I wanted to say.

My thoughts exactly. Thai has somewhat lost his "credibility" in this DISCUSSION(the logical side of it), and now a newbie acct is created with a condescending screen name, jumps in the same thread to take his side. . .

 

[ID2000]

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 me greatly welcomed.

1) I will try to answer you questions with as much information as possible but keep it short. Yes, we have been burned in the past by bad business partners which is unrelated to the off road market and had no choice but to enter into a litigation battle in order to stay alive and it costed us time, money and a few years off our life. We are not interested in putting Mr. Whitson out of business this is what i mean about "it's not what you think".
2) I only know of Mr. Whitson thru reading his postings which is to say I don't know him at all but in today's business atmosphere sometimes a complaint needs to be served in order to get someone's full attention. I believe if Intelligent Designs did not send a complaint to Mr. Whitson eventually someone else will. Mr. Whitson needs to do more homework before he decides to sell a product just in case he is stepping on someones toes. As I said before we are not out to destroy anyone's business we simply need to speak with Mr. Whitson so we can resolve this matter.
3) Your right about this not being normal business practice I am on this forum talking with you when in reality I should let my attorneys do all the talking. It's taken many years of hard work and money to get to where we are today and it has not been easy to say the least. No, we are not looking for royalties and i cannot get into specifics about this matter at this time. We would just like to have Mr. Whitson answer the complaint.
I hope this helps.

thank you.

 

[Whohastime?]

Please read the post above yours, and did you just join to argue on Thai's side? That's not shady at all.

Secondly, I posted the same time Brian did so he basically just said what I wanted to say.

Like I said before - this site is popular on google, I saw it, read it and joined. I am of no side... just use logic in everyday life and have no qualms about posting my logic on a public forums... just like you.

 

[BrianSD_42]

Ok well I took it that way because I asked if he sold the patents to Gobi and Paul said yes.

Paul if I misunderstood you then I apologise but your comments seem pretty clear when you said "yes to both questions"

I think what would go a long way with the online community is a legal agreement with WMW where both parties agree but WMW gets to stay operating without penalties. If you really believe the 4th gen rack is too similar (I know nothing about the merits) then pursue pushing WMW to make a perminent design change and both parties move forward.

WMW said he has to shut down and that is why this whole situation has really rubbed people the wrong way.

 

[Whohastime?]

My thoughts exactly. Thai has somewhat lost his "credibility" in this DISCUSSION(the logical side of it), and now a newbie acct is created with a condescending screen name, jumps in the same thread to take his side. . .

Sorry Thai - didn't mean to make you look like the bad guy.... lesson learned here. Do not join a public forum where it is one sided, if you do reap the effects. Again jumping to conclusion.... I just agree with logic. You would make a great conspiracy theorist wadle5

 

[wadle5]

You would make a great conspiracy theorist wadle5

Whohastime? for conspiracies?

 

[ID2000]

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 me greatly welcomed.

1) I will try to answer you questions with as much information as possible but keep it short. Yes, we have been burned in the past by bad business partners which is unrelated to the off road market and had no choice but to enter into a litigation battle in order to stay alive and it costed us time, money and a few years off our life. We are not interested in putting Mr. Whitson out of business this is what i mean about "it's not what you think".
2) I only know of Mr. Whitson thru reading his postings which is to say I don't know him at all but in today's business atmosphere sometimes a complaint needs to be served in order to get someone's full attention. I believe if Intelligent Designs did not send a complaint to Mr. Whitson eventually someone else will. Mr. Whitson needs to do more homework before he decides to sell a product just in case he is stepping on someones toes. As I said before we are not out to destroy anyone's business we simply need to speak with Mr. Whitson so we can resolve this matter.
3) Your right about this not being normal business practice I am on this forum talking with you when in reality I should let my attorneys do all the talking. It's taken many years of hard work and money to get to where we are today and it has not been easy to say the least. No, we are not looking for royalties and i cannot get into specifics about this matter at this time. We would just like to have Mr. Whitson answer the complaint.
I hope this helps.

thank you.

 

[Thai]

And Thai, wadle has a point. Everytime you were proven wrong, you do make a joke or a sly comment. Its not that hard to admit when one is wrong.

What exactly am I wrong about? Please tell. I have been ignoring Wadle as much as I can...because of how ignorant he is. But he takes that as a self-proclaimed defeat or admission of wrong-doing.

I have made jokes here and there to play around...its the net after all...but don't take that as an admission of anything nor me trying to deflect anything.

If you know me, then you would know that I NEVER deflect anything NOR play the victim as that ignorant accused me of earlier.

Now, you got me annoyed...show me where I have been wrong. Do tell. Show me where I have supported EITHER party.

BTW, before going all in on Wadle5, you may want to read his other posts...extreme nutcase! Go see for yourself.

 

[Whohastime?]

Whohastime? for conspiracies?

Seems to be the way the world revolves right?

 

[gaterose]

This is not the case to the best of my knowledge. Paul is one of the owners of gobi. The other is Sandra Martinez.

I know this doesn't really contribute to the topic but.. she's a freaking owner?!?! She gave me the run around for over 3 months telling me my ladder was either at the powder coaters or with fedex every time I contacted Gobi. I thought she was a sales associate, not an owner.

 

[Antman]

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 know this doesn't really contribute to the topic but.. she's a freaking owner?!?! She gave me the run around for over 3 months telling me my ladder was either at the powder coaters or with fedex every time I contacted Gobi. I thought she was a sales associate, not an owner.

Deja vu lol