Roof rack controversy. Gobi Vs Whitson

[wadle5]

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.

And you guys make fun of Shrockworks wait time, at least they give you the time frame up front. . .haha. But in all honesty.
Just so another admin doesn't have to chime in.

On subject specifically about the patent infringement of roof racks. . . op2:

 

[BrianSD_42]

Josh should definitely start a go fund me campaign.

Ill pledge $10 (small I know)

 

[CPT2nr88]

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

It was me! =) They haven't actually replied to me though I wasn't sure if they were going to follow up with it. What did they say?

 

[ajonesnv]

There has to be a lawyer on this site that would be willing to work pro-bono!!

This is crap, assuming Josh is telling the truth about the patent, which I truly think he is, its simply a bully move to use a law incorrectly to secure business. I abhor those business tactics and support those that run their business with integrity.

[MENTION=77764]Whitson Metalworks[/MENTION] (Josh), on a side note, I encourage you to spend some time reading the New Testament any time you end up in a panic attack...has always helped for me and I truly know it will also help you.

And yes, I too will pledge.

Gobi Facebook Page Seems they are responding. We should push them to drop the suit.

 

[who done it]

It was me! =) They haven't actually replied to me though I wasn't sure if they were going to follow up with it. What did they say?

Said they were already working on it.

As Wadle pointed out to me, it might be best to wait and hold off on the Fund page until there is a resolution as Gobi may be able to get some of those funds depending on how the case goes. (Not a lawyer at all, just an assumption on my part. I'd be more than happy to be wrong and an idiot.)

 

[CPT2nr88]

There has to be a lawyer on this site that would be willing to work pro-bono!!

This is crap, assuming Josh is telling the truth about the patent, which I truly think he is, its simply a bully move to use a law incorrectly to secure business. I abhor those business tactics and support those that run their business with integrity.

I'm sure there are some lawyers on here but for it to be feasible they lawyer would need to be near where this suit is taking place in colorado. Plus, said lawyer would most likely need to have their own practice or be a managing partner of a firm. Otherwise I doubt their boss would be happy to hear that they are going to drop what they are currently getting paid a whole bunch of money to do for something pro-bono. However I do believe lawfirms generally have a quota for pro-bono work that they must take on every year.

 

[ajonesnv]

I'm sure there are some lawyers on here but for it to be feasible they lawyer would need to be near where this suit is taking place in colorado. Plus, said lawyer would most likely need to have their own practice or be a managing partner of a firm. Otherwise I doubt their boss would be happy to hear that they are going to drop what they are currently getting paid a whole bunch of money to do for something pro-bono. However I do believe lawfirms generally have a quota for pro-bono work that they must take on every year.

Makes sense.

We should all bombard their Facebook page to emplore them to drop the suit then then. Which they are clearly deleting posts, at least they deleted mine!

Based on their logic I should be sued too, as I built a rack with both WM and Gobi ideas!!!

 

[Twan]

We should all bombard their Facebook page to emplore them to drop the suit then then. Which they are clearly deleting posts, at least they deleted mine!

No, we shouldn't. That's not going to do any good for Whitson and his defense. There's a line between being informative and having a dialog versus attacking them, and we should not be crossing it. Crusading against them like that can only do more harm than good for Josh.

 

[the great him]

If WMW set up his business correctly its a llc. Meaning that if we give Josh the money directly to support him and his family in this time of need, then no one including Gobi can touch that money, even if they win and get a damages award... If there is no llc, then the GFM account would have to be managed by a trusted 3rd party and "backdoored" to Josh. And that could get dicey and be construed wrong by a lot of people -kinda in the same way as Gobi is wording their lawsuit.

 

[wadle5]

No, we shouldn't. That's not going to do any good for Whitson and his defense. There's a line between being informative and having a dialog versus attacking them, and we should not be crossing it. Crusading against them like that can only do more harm than good for Josh.

Yeah although I do want to let general public know of their business practice, I don't know about an entire forum spamming the page, as that also would make us lose validity. Maybe wait until further in the lawsuit.

If WMW set up his business correctly its a llc. Meaning that if we give Josh the money directly to support him and his family in this time of need, then no one including Gobi can touch that money, even if they win and get a damages award... If there is no llc, then the GFM account would have to be managed by a trusted 3rd party and "backdoored" to Josh. And that could get dicey and be construed wrong by a lot of people -kinda in the same way as Gobi is wording their lawsuit.

And that's what I was unsure of which is why I was thinking to just to either wait until after the ruling, or if the page is just made up for a random individual that fell on hard times we stumbled across on the interwebs. Those pop up all the time.

 

[the great him]

Then maybe it would be best to make the account under his wife's name(assuming he is married) that way it's not his directly, but again that might be considered his by marriage and be susceptible to litigation

 

[Titanpat57]

Might be time for a Gobi group "Sell"....

Hmmm...:tea:

 

[Twan]

According to the complaint, Whitson is operating as an LLC.

 

[having fun]

Based on their logic I should be sued too, as I built a rack with both WM and Gobi ideas!!!

I was going to post up something like this also, but, had Joshes PERMISSION to do so!

Thanks to him for just selling the feet to be an easy/custom mount and I took over from there,(with several text and emails)

 

[momo.75]

Might be time for a Gobi group "Sell"....

Hmmm...:tea:

Or just add a Calvin sticker to the side of the Gobi logo on the fairing....:noidea:

 

[The Grand Wazoo]

New member as of Aug 2015...

Whohastime? - the exact same IP address as GOBI USA and ID2000

thank you for this.:hug:

you have helped make deciding on a rack much easier.:thumb:

 

[Thai]

Or just add a Calvin sticker to the side of the Gobi logo on the fairing....:noidea:

Wouldn't that violate their logo patent??!! We do NOT need another thread about that on this forum!

 

[momo.75]

Wouldn't that violate their logo patent??!! We do NOT need another thread about that on this forum!

I was just saying you could buy a Calvin decal from where ever and just put next to the logo on the fairing. I would never suggest making a Calvin decal using the Gobi logo.

 

[Braybles]

Ultimately this is really terrible. Whitson's (Josh's) rack is far superior in many ways especially mounting points and fit. This is not the intention of patent law. This inhibits innovation and stifles competition.

In the age of the internet, which we are all using to have this conversation amongst this great community, patent and copyright law have actually become so sloppy and harmful to many great things.

Also even though Whitson is an LLC operating as a business, things like ebay and the craft communities such as etsy do make these types of issues really really messy legally. I wonder if things would be different if Josh numbered and signed each rack and added our name using an engraving pen underneath the tubing, selling them as art pieces. This has been used to circumvent similar frivolous lawsuits.

As someone stated previously also this patent suit is analogous to Ford suing Chevy over the shape of a Pickup Truck, which is not only insane, but remember those lawsuits waste court time which we all pay for collectively.

It is infuriating and I hope Josh realizes the support he has from this community aside from trolls or agent provocateurs.

I just want the best rack for my 4runner.

I would pay twice the cost of a Gobi rack for a Whitson, and I am sure I am not alone.


I read frequently, I post infrequently.
3rd Gen 4runner

 

[phillyd2]

Based on their logic I should be sued too, as I built a rack with both WM and Gobi ideas!!!

Nope. Its the selling a patent protected product that puts one in jeopardy. And then I think its only the profits that can be gone after unless selling it also hurt the patent holder - in that case damages can be sought too.