Roof rack controversy. Gobi Vs Whitson

[snapple13]

You have the exact same IP address. You can't really pull that argument, because you are - at the very least - affiliated with their company. You're using their internet connection from their location.

just lol

 

[Twan]

I always liked this one better.

 

[wadle5]

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.

The further I look into this, the more it looks like Gobi is grasping at straws. Looking at the complaint(pages 5 & 6) There are two grainy pictures, not clearly labeled or at anything resembling a similar perspective, and each picture being on a different generation of vehicle, followed by two images from the Gobi patent not clearly labeled as such, instead displayed in a way implying that the one on the left is from WMW and the one on the right is from Gobi. The words that are particularly bothering me are "substantially identical" and "objectively high likelihood that Whitson's actions constituted infringement". What this entire thing reeks of is a blind person throwing haymakers hoping to land the knockout blow.

Exactly what I thought as well in the beginning?! The documentation from the view point of the general public(not including whohastime) without any knowledge of roof racks looks convincing, it's just unfortunate how misleading it is

 

[sn0wrunner]

Wow! Dis is getting good!

I really hope I can someday order a WMW rack. I would be proud to have it on my vehicle! As already stated, we're pulling for you Josh.

 

[hrjaw]

I wanted a WMW rack for awhile. was about to pull the trigger until this. i then went to Gobi as a back up but honestly, I am not happy with the way this has been playing out. I ran my own business fora long time, and i would have serious concerns if an employee was out doing this on behalf of my company, authorized or not. Gobi has a good business going. this will hurt their future opportunities. they have to realize that WMW was not taking away any business. People are going to buy what they buy. not that this holds true in this case but imitation is the sincerest form of flattery. These actions can do no good for Gobi.

that said, I hope it truly works out for all parties involved. I am going to hold out that WMW comes back. then we can talk about the rack.

 

[phillyd2]

The issue I have is when I watch a company take down a one-man show for whatever reason, it just rubs my American sense of fairness the wrong way.

No dog in this fight (I do have a Gobi rack) but this comment struck me as weird as I’m a business owner who has been on both sides of the patent issue.

Patent protection is indeed very American and it’s even in the U.S. Constitution. And it does not matter if the accused is a one man band or a multibillion dollar company. Patents and their legal protection have been the backbone of our innovation since the start of our country. And I don't know what's fairer than following the rules and laws. Not liking or agreeing with a law is no reason to not abide by it.

I’m not going to comments on the merits of the case since like all here I do not know the law well enough to comment. However I have seen such patents before and they are indeed enforceable.

I find it hard to believe that cease and desist letter was not sent as this is ALWAYS the first step in such ligation. Again, no clue which claim is correct. But at this point it would be stupid for the accused not to contact the claimant to see if they can reach a settlement. IF, big IF, the patent was indeed infringed then it’s also not unreasonable to demand some sort of royalty as its very common place to do so.

The only thing that really caught my attention in the whole drama is that Sandra may in fact be one of the owners. Did not see that coming and sure does explain why she was never fired. :jaw:

 

[who done it]

Wow, hang out with the gf and the last couple pages, DAMN HERRR jk.

This is awesome, I'm sorry Thai, no hard feelings, but I'm glad your cheerleader got OWNED.



Best of luck Whitson, I would like a roof rack and a ladder also. Too stubborn to order from Gobi and too lazy to make it myself.

 

[gaterose]

Deja vu lol

The only thing that really caught my attention in the whole drama is that Sandra may in fact be one of the owners. Did not see that coming and sure does explain why she was never fired. :jaw:

Is she the only one who deals with customers?! I guess she is good at convincing people she's being honest though...

 

[phillyd2]

Wanted to add one more thing -

It would not cost all that much to have a patent lawyer review all and give his honest assessment on the case. Not talking about a going to court of a counter suit, just have him review the patent and your rack and then tell you if it has any merit.

Years ago a competitor sent us a cease and desist letter for one of our products that they had a patent on. No lawsuit, just a letter. We took it to a lawyer who assured us that it has no merit for a number of legal reason I'm not going to pretend to understand. He drafted a letter listing his reasons to the competitor and that's the last we heard of it.

In the above case I read their patent and thought Oh Crap because it looked like what we were doing. But patent law, infringement and enforcement is not that simple of an issue. Only a fool would not call a good patent lawyer now that a lawsuit has been filed.

And I'm sure many here would be willing to contribute to the cause of getting a lawyer look at it.

All that said, also be prepared for the lawyer to tell you that you are in the wrong and must pay.

 

[phillyd2]

Is she the only one who deals with customers?! I guess she is good at convincing people she's being honest though...

Depends what you mean by 'deals with'. :repuke:

In the end Gobi has always done right by me. Getting to that end is another story.

Hope cooler heads prevail and all works out for everybody.

 

[Thai]

Our little corner of the world currently has 119,936 members......not too shabby.

Don't get me wrong, damn proud of this forum memberships and being #1 on Google...but...

My BIGGEST problem with this is...you're telling me that out of 119,000+ members, NOT ONE is a freaking lawyer or better yet a patent lawyer???!!!!!

Co-founder of this forum is a lawyer but he gave up this forum years ago...too bad...it would be nice to hear his views from the legal professional side.

I would love to hear from a legal professional...because at some point in our lives, we may have to deal with a similar situation....

 

[BrianSD_42]

Every day this thread gets better.

 

[Antman]

Is she the only one who deals with customers?! I guess she is good at convincing people she's being honest though...

She's good at telling you your rack has shipped (to presumably buy some time) and then telling you that the powdercoater has it tied up and then telling you it will definitely ship tomorrow and then telling you....

I never understood this- I wasn't upset in the least about it I just wanted an HONEST ANSWER.

Sandra has trouble giving them.

 

[mark3406e]

Don't get me wrong, damn proud of this forum memberships and being #1 on Google...but...

My BIGGEST problem with this is...you're telling me that out of 119,000+ members, NOT ONE is a freaking lawyer or better yet a patent lawyer???!!!!!

Co-founder of this forum is a lawyer but he gave up this forum years ago...too bad...it would be nice to hear his views from the legal professional side.

I would love to hear from a legal professional...because at some point in our lives, we may have to deal with a similar situation....

That's what I was thinking.
Has Josh started a go fund me account at least? If a we all pitch in a few bucks he should be able to get some help.

 

[who done it]

Also took someones suggestion (PhillyD2?) and submitted this to Jalopnik. Hopefully I hear back from them. Not only for Whitson, but there are tons of guys like him across the forums like him. Hopefully this will shed light on other issues and help anyone else in this situation.

*Edit: Looks like someone beat me to the punch.

 

[Thai]

She's good at telling you your rack has shipped (to presumably buy some time) and then telling you that the powdercoater has it tied up and then telling you it will definitely ship tomorrow and then telling you....

I never understood this- I wasn't upset in the least about it I just wanted an HONEST ANSWER.

Sandra has trouble giving them.

You know...to be honest, that has happened to me on other products. These companies print their own UPS/FEDEX labels. So, when an order comes thru, they automatically print a label. So, a secretary who looks on the computer will see that a label has been printed and ready for shipment..............but the actual shipment comes much later. I see this frequently from eBayers.

 

[470SNC]

Damn the last few pages have been intense... Gobi has sealed the nails on their coffin with the Amanda posts.. sad they have to stoop to that level

 

[gaterose]

Yeah I'm down to help fund this.

Also took someones suggestion (PhillyD2?) and submitted this to Jalopnik. Hopefully I hear back from them. Not only for Whitson, but there are tons of guys like him across the forums like him. Hopefully this will shed light on other issues and help anyone else in this situation.

*Edit: Looks like someone beat me to the punch.

I also sent an email there earlier and they said they'd already heard from others then.

You know...to be honest, that has happened to me on other products. These companies print their own UPS/FEDEX labels. So, when an order comes thru, they automatically print a label. So, a secretary who looks on the computer will see that a label has been printed and ready for shipment..............but the actual shipment comes much later. I see this frequently from eBayers.

I get what you're talking about with eBayers a lot as well but this was different. Their ordering process is different and Sandra, the person we all spoke with, isn't a secretary, she's the co-owner. And it wasn't just a one time thing, at least for me, according to her my ladder went from the powder coaters to FedEx at least 5-6 times. I did eventually get my stuff as well, just had several months of run around and wondering if the 4th gen ladder was even being produced first.

 

[Thai]

I get what you're talking about with eBayers a lot as well but this was different. Their ordering process is different and Sandra, the person we all spoke with, isn't a secretary, she's the co-owner. And it wasn't just a one time thing, at least for me, according to her my ladder went from the powder coaters to FedEx at least 5-6 times. I did eventually get my stuff as well, just had several months of run around and wondering if the 4th gen ladder was even being produced first.

That is just incompetence then....

 

[Twan]

Exactly what I thought as well in the beginning?! The documentation from the view point of the general public(not including whohastime) without any knowledge of roof racks looks convincing, it's just unfortunate how misleading it is

Sorry, must have missed it while trying to keep up with all this. Sheisty tactic indeed.