Base on WM claims their patent doesn't apply to his product, so unless they own a patent on The Roof Rack (period) then they seem to be strategically tying his hand by causing legal issues, which most small guys (like WM) just cannot afford. It is bullying.
Ive read most say essentially "lets see how the suit goes." This is bothersome because it doesn't undo the stress, headache, and complication to life the suit causes even if WM does win. Laws are meant to direct right, but all to offend they are manipulated to benefit the one that is willing to be more crafty and I simply don't agree with that and too may times hurts the one in the right and benefits the one in the wrong.
I will have no problem standing with the guy that I perceive to be in the right, simple as that.
I agree that Gobi's actions are really strange (and downright moronic such as double registration). 100% agree with everyone. But being a moron does not automatically mean that he/she is wrong either.
But you're basing your conclusion on an assumption...which is a bad idea IMHO. WM claims may be quite clear and he may be 100% right...but none of us are patent experts and none of us (thus far) are lawyers nor experts in the field of patents. So, drawing a conclusion already is a flawed logic...as I have explained earlier in this thread.
Where does it leave us? Jury + Judge + Executioner. Is that what we want to become? So many here say this whole Gobi suing is not American...well, frankly, what do you think is American about being the jury, judge, and executioner all in one?
This is why I would love to hear from a lawyer...ideally one in the patent field.
Bullying...that is interesting concept. So,
before we know who's right, some on here have already spam Gobi social media...some on here want to spread the news of Gobi being evil everywhere to force Gobi to back down or else they suffer the consequences. Correct me if I am wrong, but isn't the THE DEFINITION of bullying??
Of course, being sued sucks. Of course, it costs money. Trust me, I am in a professional field that is always at risk. But I love what I do. If I wanted to avoid being sued, then I probably take a lesser job or do less with my life.
Now, WM...he seems like a great guy from basically everyone I have talked to...here or via PMs. No arguments from me.
However, here's the thing...WM should know that if he produces something and he's NOT the first to do it, then he is at risk for being sued. That comes with the territory. Hell, even if you came up with it first, but someone beat you to the patent office, then you're at risk. Whether the lawsuit is right or not, it comes with the territory. Should every manufacturer check with their lawyers about existing patents? YES!! Even then, that is
not a guarantee. WM may not have the resources to check existing patents...but that does NOT excuse him from being sued by someone else. When you make something that makes a profit and you're not the first and have not patent it, then expect some heat from competitors. If you expect that competitors only would just "one up" you in design and not resort to any other method, then you are very naïve in the United States of America (or anywhere really; maybe except China!).
If you open a business whether it be your backyard or garage or business complex, then you are fair game. Patents, whether stupid or not, are there for a reason. Without them, you have China.
So, as stated before, you guys can defecate on Gobi all you want...but for the interest of parties involved (WM and Gobi), you guys need to wait for the legal system to pass judgment.
My many cents input so far....
