Posting from my iPhone while on a short vacation. Hard to read that red front. I think I need a larger radiator for my iPhone as it cannot handle the extra thermal load from my OC (had to bump up the vcore a tad).
Printable View
kind of new to the forums, and have yet to dive into water cooling. however, i've been following the thread. from what i can gather, it seems that they are, in fact, doing this to gain a monopoly on the water cooling market in their country. what, with trademarking the most popular brands and sending the one(i read confirmed, but i don't think anyone has actually posted the letter) cease and desist letter to a company. they would have stood to gain a substantial market share in their area had they perhaps not shot their load a little early. imagine if they had sat on that letter until the statute of limitations on the contest of the trademarks was up? there would have been no possible legal action any of the involved companies could have taken to regain their name...then, i assume, they would have sent out cease and desist letters en mass.
perhaps the koolance rebranding was authorized by koolance? i have no idea.
this is all definitely unethical business practice; however, i can probably count on one hand the number of businesses with whom patronize that are ethical. i do go out of my way in attempts to support only those companies, so when/if i do delve in to water cooling, i'll not purchase anything from aquatuning.
well, if there is one positive thing that can be taken from this by the water cooling companies involved, it's that they really have an amazing customer base. loyalty and support that businesses rarely achieve. they should consider themselves lucky to have such support!
p.s. what's with all the burn in hell talk?!
p.p.s it turns out, according to the bible anyway, that heaven is actually hotter than hell...
Then even Heaven needs water-cooling. Amen!
In effect, they're crowning themselves as the sole distributor for all these brands, with arbitury powers to decide who can resell these products.
Only difference? They're not interested in distribution...but more interested in extortion
I had been wondering the same thing this whole time too. Why break their cover at the last possible moment and give the brands a chance to throw a wrench in the plan?
Another month or so more wouldn't have costed them much in terms of lost extortion money or monopolized product sales, compared to the amount of money at stake in the form of the "investments" made to register all these brands.
Still, I'm sure some of the brands would still have boycotted and deny further supplies to AT had the plan succeeded. AT was possibly taking a gamble that enough brands would close an eye that business could go on and any of the missing (boycotting) brands could then be replaced, Koolance style, with "identical" products, or possible even the real stuff, obtained secretly through a 3rd party to sidestep the boycott.
Alright, enough theories from me...I just hope no one tries this kinda stunt in my backyard
Damn, I was wanting to order a rad from their (koolance 480 - it's offering free delivery to UK at the mo and it saves shipping, customs and holding charges) but I think I'll pass.
If this keeps up, there may be a riot or protest at i37 - lol any one going? :P
~Bex
yeah, i just don't get it. as you said, one more month. 16 trademarks at 3000€ each, that's 48000€. that's a substantial amount of money with which to gamble. and, as soon as they sent the cease and desist letters to the smaller companies, the companies would have been forced to close their accounts with the respective manufacturers thus alerting them to the shenanigans. at which point, lawyers would have been contacted and respective accounts pulled. third party rebranding would have been aquatunings only route. startup for manufacturing would have been very costly--too costly, it seems, for that to be their intentions...i suppose some anonymous third party backer could have been supporting the cause, but still, that just seems like a stretch. i agree, third party purchasing and rebranding seems to be the most viable reason for their actions.
however, all just speculation. one thing is certain, though...speculation or no, they've definitely sh*t the bed with this one. the above known actions are unethical enough to warrant boycott. and, as has been shown, the water cooling consumer seems to have unprecedented loyalty.
Well, they weren't only screwing with the manufacturers (who incidentally are also active contributors and respected members of the community).
Their business model is a potential threat to the shops we all use, whose owners happen to be respected members of the community and very nice people too.
AT has pushed things to a point where is really hard not to take sides...
Have AT commented on this yet? If so, Link plz :) (yeah I know I'm lazy)
I was about to order some stuff from them but now i don't know. Is there any other store in europe that have such a wide selection of stuff?
AFAIK, they haven't (and probably won't)
Try http://www.highflow.nl in Holland. Heard some good stuff from them.
I ordered a couple of times from http://www.it-service.be/webshop/, here in Belgium.
You'll have to ask if they send to Sweden though.
How does Gabe like that they have also taken Swiftech name?
G** d***.
http://oami.europa.eu/CTMOnline/Requ...n_Result_NoReg
EDITed by IFMU
Let's watch the language please.
/EDIT
Going there would be beyond my financial means, but would be fun to chase them out of the country with pitchforks and torches:D
They only say they can't comment on it and have threatened Employees with only god knows what to not let the slightest bit of info out.
Gabe said a few pages back that he can't comment due to legal stuff going on. But it is safe to assume that he is far from happy about it.
You can try to Mail www.a-c-shop.de, they are very friendly there, and I think they can even order stuff they don't have in their webshop, and I think they will also ship to sweden...
EDIT: you might wanna try www.caseking.de, too...they have a lot of Bitspower-parts there, too...
It would be too costly for each and every individual company to sue for their marks.
Chances are negotiations are afoot, with some dodgy provisions leading to the turn over, from ironically agreeing to being granted permissions to use their own mark by the applicant and even having recognizing the "noble" intentions behind the blindsided registrations, and other indemnifications against legal liabilities.
There is very little to be gained by a lawsuit, the PR fallout on its own has been damaging enough to the offending party as well as their trading relationships.
The brand owners have to prove that the they have been damaged by this act sufficiently to justify full legal action and tort. Which can be an issue considering that said company has started using some of its unduly registered marks against some competitors as news reports would have it.
Suffice to say, for people to resort to dirty tricks is simply a sign of a lack of imagination in growing their business.
Too bad, they can't have these matters resolved before a retired superior court judge in the state of California, eh?
I think you can get them from Aquacomputer directly, and Shoggy (he's here, too) will be helpful getting the stuff to Sweden...just send him a PN...oder check www.aquacomputer.de :)
and who friggin wins, the lawyers... :shakes:Quote:
Originally Posted by hwlabs
It would be too costly for each and every individual company to sue for their marks.
Chances are negotiations are afoot, with some dodgy provisions leading to the turn over, from ironically agreeing to being granted permissions to use their own mark by the applicant and even having recognizing the "noble" intentions behind the blindsided registrations, and other indemnifications against legal liabilities.
There is very little to be gained by a lawsuit, the PR fallout on its own has been damaging enough to the offending party as well as their trading relationships.
The brand owners have to prove that the they have been damaged by this act sufficiently to justify full legal action and tort. Which can be an issue considering that said company has started using some of its unduly registered marks against some competitors as news reports would have it.
Suffice to say, for people to resort to dirty tricks is simply a sign of a lack of imagination in growing their business.
Too bad, they can't have these matters resolved before a retired superior court judge in the state of California, eh?
So, I was looking through the US trademark database. Swiftech has canceled their US trademark in 2008, and Danger Den abandoned their trademark in 2006 (I assume they failed to pay certain fees).
Anyways, all of the AT trademarks have gone out of the "translation and search completed" phase and into "registration published" phase which is where opposition can be brought against the trademarks. I guess we will have to wait and see if any of them are successfully challenged.
EDIT:
Aquatuning is grabbing up some trademarks in the US too!
Serial Number Reg. Number Word Mark Check Status Live/Dead
1 77751717 MASTERKLEER TARR LIVE
2 77740835 THERMOCHILL TARR LIVE
3 77574943 3612135 YATE LOON TARR LIVE
4 77677958 AQUA TUNING TARR LIVE
5 77572851 PHOBYA TARR LIVE
Snippet from the Masterkleer US trademark.
Aquatuning is claiming that they have first use of Masterkleer in commerce in 2006. Pretty sure McMaster has that first use claim. Problem is I am having a hell of a time informing McMaster of this infringement, all I can find is sales contacts.Quote:
C 017. US 001 005 012 013 035 050. G & S: (Based on Use in Commerce) Non-metal hoses for use in the computer watercooling systems; Plastic tubes for use in computer watercooling systems; Watering hoses(Based on 44(e)) Non-metal hoses for use in the computer watercooling systems; Plastic tubes for use in computer watercooling systems; Watering hoses. FIRST USE: 20061228. FIRST USE IN COMMERCE: 20061228
EDIT: Too bad Swiftech let their trademark get canceled by not filing a section 8, because it had an international mark which might have helped them against the CTM that AT has pending in Europe. http://tarr.uspto.gov/servlet/tarr?r...entry=76232282
I guess this should serve as a lesson to people to be more careful about their trademarks. It looks like Swiftech has been pretty negligent.
Nothing like a small crisis to catch your attorneys napping and to use that as a reason to give them a good spanking
That's certainly good to hear, Gabe. Glad you're getting your end worked out.
Just a thought, though. Given your status as a major "player" in the watecooling industry, I was wondering if you have made any attempts to alert/advise your competitors of the situation as it exists with Aquatuning? I've seen many of us enthusiasts attempt to do so, but given our "outsider" status with the various manufacturers and the difficulty they've been having contacting appropriate individuals within each company affected, I'd think you'd be in a much better position to share with the others in the industry what is transpiring with this situation.
I know this is suggestion is out of left field, but you're a market leader and I'd almost think the positives of doing this far outweigh any negatives that may exist doing this.
Just a thought........
holy thread resurrection!!
i've been afk for a while and was wondering if there has been an update on this aquatuning stealing trademarks from other companies. have they gotten pwned yet?
You can keep checking the OHIM website for the Aquatuning registered trademarks. It lists the status of their applications there. So far none are listed as being in dispute, not sure how long it will take for the status to be updated but last week they most of them changed status to "published" which is when the disputes can be started.
Well, I too have now voted with my wallet - NO purchases from AT(UK) since this started...... luckily there is decent competition in this part of the world so we don't need the likes of these guys.
A few quotes in this, so want to point out that I am not directing this at any one person directly. There have been several comments that in general needed to be addressed.
That would be called flame-baiting. Which is also not allowed as per forum guidelines. It doesn't matter if someone is flame-baiting or not, it does not give permission to flame.Quote:
I don't apologize for squat. If you bothered to read the entire thread you see he brought it on himself and he caused the flames by starting them.
Both offenses will be treated equally.
The only thing I saw admin(s) standing up for in here was the guidelines of our forums.Quote:
now XS admins are standing up for him.
You may want to just take a second thought on that.
Hmm.. posts deleted, so lets do the same thing again... or maybe, not?
Wow, there's a concept. :rolleyes:
Well put.
The overall info is good to know for many of the WCing community. It's the personal attacks that need to stop.
no i had it before the bar did but its a pain becouse if u have a handle its a naming right (so u can own it). i had wanted to file a trademark that would have been great now but it seamed frivolous.
and if u trade mark your handle u can make people give u that account IE, since halo had used it with my spelling it became used alot and i hate it that i cant get my own name that i made.
OT- IFMU has an awesome new avatar
Is this aquacomputers doing this or aquatuning.de is something totally different? Is it shoggy?
On top of the european scandal aquatuning is starting to do their trademark grab here in the states. I believe they have Yate Loon and Masterkleer registered on in the process of being registered. Swiftech is damn lucky they managed to catch their lapse before AT slime balls moved in.
I really hope there is some way Swiftech and all the affected parties can prevent AT from selling their products, or at the very least making it more expensive for them to do so.
It will obviously have to go to court at some point so these kids at Aquatuning finally get their butts spanked. Also there needs to be laws to prevent this sort of thing as well.
Actually seems to be the opposite. Aquatuning just got a bunch of new Swiftech products in.
Sadly, money talks.
UPDATE:
Well Aquatuning has lost the first of their trademark grabs.
Noctua, which they applied for and which still shows up if you search for Aquatuning as the owner, now shows up as owned by RASCOM Computerdistribution GesmbH. Hopefully more get updated soon with Aquatuning losing their trademark grab. I am glad that the heads up that these companies got has helped them protect themselves from moves like this.
So any news , has been more than a month since the last post in this topic.
can he legally do that?
I tried the same search just now...
Same. Swiftech? Same result.Quote:
Owner
Help
Name: Aquatuning GmbH
ID No: 344973
Natural or legal person: Legal entity
Address: Beckheide 13
Post code: 33689
Town: Bielefeld
Country: GERMANY
Correspondence address: Aquatuning GmbH Beckheide 13 D-33689 Bielefeld ALEMANIA
Telephone: 00 49-5205991980
Fax: 00 49-52059919822
Use the advanced search instead of basic, and put aquatuning in the owner name field. Should come up with all the trademarks they have applied for. At a quick glance nothing has changed since I posted the good news about Noctua getting their trademark back from aquatuning. I am betting Noctua threatened AT with something that got them to give up the mark.
Just another update:
2 Trademarks Rightfully OwnedCode:1 CoolIT Systems CTM 008147662 LOST!
2 ACRyan CTM 008109894 Unresolved
3 Thermochill CTM 008109886 LOST!
4 Dye Bomb CTM 007605637 Owned
5 Swiftech CTM 007605611 Unresolved
6 SilenX iXtrema CTM 007605595 Unresolved
7 Recom CTM 007605587 Unresolved
8 XSPC CTM 007542327 LOST!
9 Masterkleer CTM 007542293 Unresolved
10 Noctua CTM 007542236 LOST!
11 Koolance CTM 007542194 Abandoned? Not in system anymore
12 Danger Den CTM 007542152 Unresolved
13 Bitspower CTM 007542137 Unresolved
14 aqua tuning CTM 007542129 Owned
15 Yate Loon CTM 007242068 Owned
16 Phobya CTM 007237861 Owned
2 Trademarks Questionably Owned
4 Trademarks applied for, now in the hands of the rightful owners (through some means I don't know which)
1 Trademark applied for now apparently abandoned.
7 Trademarks still in the process of trying to be stolen
thanks for the heads up ;) I was actually wondering...so you're saying Yate Loon is OK right...so there's been an agreement between the two I suppose.
@Helix354
Unfortunately both Thermochill and XSPC seem to have a strong relationship to Aquatuning, AT is still their main distributor in Germany. So your "LOST!" is is no real progress in this matter.
Koolance is still almost exclusivly distributed in Germany by Aquatuning.
Sadly there is still no change regarding Swiftech, Bitspower and DangerDen :(
But AT seems to have problems with fresh supply at least from Bitspower and DangerDen :p: By contrast Swiftech products (also new ones) are still in stock at AT.
If there is any boycott from suppliers side it comes from Bitspower (in Germany distributed by Caseking with an enhanced program, now, no products left at AT) and DangerDen (no big presence in Germany at all).
So now they have started copying Bitspower fittings. Take a look at the selection of new products. There are several blatant rip-offs in there.
"LOST!" means that AT does not own the trademark, they have lost their bid to own it. Those trademarks that are marked as "LOST!" are now owned by the rightful owners. Like I said, I don't know what the means used to obtain this outcome were. Some may have pressured AT to give up their bid and voluntarily transfer ownership of the trademark, others may have gone through the formal complaint process.
But I wouldn't expect scamps to actually check the system for himself and verify what I have said from his history in this thread....
As for Yate-Loon, no they are not safe. The Yate-Loon trademark is owned by Aquatuning for EU. All trademarks marked as "Owned" are currently registered and owned by Aquatuning. Yate-Loon would be one of the two questionably or wrongfully owned trademarks.
if this misunderstanding is still not cleared up - I can´t change it :rolleyes:
What I wanted to mention: Regarding the market situation in Germany the problem is still unsolved, yet. Thermochill- and XSPC-products are even more exclusivly distributed in Germany by AT today as months before :( (although Thermochill- and XSPC-rights are "lost").
Swiftech still lists AT as reseller on their website. A-C-Shop as one other reseller (my favourite :wave:) must not use the brand in their shop at all. Unbelievable.
Thermochill, XSPC and Koolance are listing AT as one and only reseller in Germany.
So I am still waiting on the visible resistance of the manufacturers against those machinations of AT ... Bitspower is the one and only who has clearly exchanged his distributor, yet - even regardless of the trademark.
AT themselves is copying or rebranding ("Phobya") more and more products formerly known under other brands.
So there are no good news at all (except Bitspower).
I don't know how much clearer I can make it...
AQUATUNING "LOST" THEIR BID TO OWN THE THERMOCHILL AND XSPC TRADEMARKS. THOSE TRADEMARKS ARE NOW OWNED BY THERMOCHILL AND XSPC RESPECTIVELY.
Obviously the companies have come to some sort of agreement or understanding.
only your last one is clear enough :p: - so tell it like it is:
While (and although and not because) a lot of people in Germany (incl. myself) and abroad boycott Aquatuning some of the companies seem to have come to an arrangement with AT. What is Thermochill, XSPC and Koolance (and perhaps Swiftech).
It's easy to recognize lots of products coming out of the same factory in asia only with different names on em.
"OCZ", "Danger Den" or "Phobya" stickers wont change the product itself, when comes out the same factory.
The tubes, pumps, radiators all remain the same product, no matter what your distributor calls them.
Same with cars. Renault ("Espace"), Mercedes ("Vito"), Ford ("Galaxy"), Alfa Romeo... they all had the same VR6 Engine by Volkswagen if you ordered the V6 engine version. There might be a different piece of plastic on it labeled "xyz", but underneath it was all the same.
Just wanted to order some WC parts from AT and then I read this topic. Still gonna order there probably, with my total setup AT is about €50,- cheaper then the next Dutch retailer. Shipping abroad from the US means paying import taxes and adding up to the same price difference with only more delay's.
Been here for a while now, lurking around in the LC section:D
IIRC there are only 3 big dutch Retailers AT, Highflow and FreezingHardware
doesn't Highflow stock what you want. And if not. I'm sure Freddy will get it in for you.
I'd go with Highflow idd. Not sure if freezingHw has an u-to-date stock.
Freezing Hardware isn't up to date. Just checked again with Highflow. Mmmmmm apparently made a mistake last time (ie more expensive barbs x10 = big difference). Difference now is just €23,- mostly due to the Swiftech XT being €13,- more. Better to support a local Dutch retailer then a big German company :P
Danger Den NEVER claimed to produce pumps, tubing, or radiators. Their bread the butter are water-blocks and cases. I hope you are not saying these are produced abroad (generally). I have seen their equipment (please do not turn that into a ghey comment). . . and production.
quoted from ATs website today:
Koolance, a watercooling manufacturer from the USA, has grown more and more popular in Europe over the last years, and that for a reason: Koolance stands for excellent quality and innovative products in the watercooling sector with a unique chrome design. After long negotiations now a distribution contract was signed. This means for our customers that soon even more Koolance products will be available, and for resellers that there now is one central contact person in the EU and less bureaucracy
anyone have any more news or updates?
Not that I know of. :shrug:
Have a look on your own:
http://oami.europa.eu/CTMOnline/Requ...Advanced_NoReg
type Aquatuning inside "owner"-mask and you will see:
Bitspower is lost for Aquatuning (no more BP-products in stock, replaced by product copies of own trademark Phobya), ACRyan is lost (only some old products in their shop, replaced by copies of own trademark Phobya), Dye Bomb in progress.
Swiftech still owned and Aquatuning is still their main distributor in Germany (Europe?). Danger Den still owned but no products in stock.
not many left that aren't grabbed by AT!
Is Phobya owned by AT?
I believe it is. Probably some sort of partnership.
As Scamps said, Phobya is AT's own brand.
AT isn't Swiftech's European distributor, that's a company in France.
How does watercool stand?
Does Aqua crap have there tentacles around them?
More then likely but I will let who knows for sure post on that. But they are reaching their tentacles in here as of late however and I for one think they should be pulling them back a little. They did not release the trademarks nor did they make any apologies here. To me they are crooks plain and simple and should not be allowed to grace these forums for what they have done. It is insulting.
they only have 3 now, SilenX iXtrema , MasterKleer, and Recom. the others were surrendered, or transferred.
and Yate Loon in the US.
i find it funny how there isn't a single reply from aquatuning in this thread but it defends itself in the case contest thread.
That company needs to burn in hell.
Aquatuning posting on this thread would be corporate suicide. You can't defend what they did in any way shape or form. It may have been legal, but its a really crappy thing to do. They will never even acknowledge this happened, just ignore it and wait for it to go away. Shame it didnt get more press outside of this forum as I know many people on other forums hadnt even heard of this until I told them. Benchtec were sponsored by AT and didnt know about this (not sure when they dropped them but I dont see any AT banners on their site anymore so good on them), its not like this is well known information outside of this forum. If they reply it will whip this thread up into a frenzy and that may just push it out into web.
TBH im surprised they had the balls to even register an account here. XS staff can't ban them from joining as obviously they have a right to express their opinions exactly as we do. I doubt they'll break any forum rules, but until they do they have the right to post here just as any of us do. I'm just glad there will always be someone around to point to this thread on every post they make.
Until they address this there's too many pissed off people on this forum for this to get dropped, but as i've said above theres no way they'll address it. Bad situation.
Sadasius really left XS?
Interestingly (or not, depending on your expectations), someone recently posted a question in the Aquatuning sub-forum at Bit-Tech. The question was if AT stocked any Bitspower items, to which the AT rep replied "In short no. We have dropped bitspower range.". I quoted that post and linked to this thread, asking if the two were connected. The same AT rep edited my post to say "Pointless post." and locked the thread.
:lol:
Yep, that seems to be how they do it. They even tried getting threads locked here when something is posted they don't like. :rolleyes:
They just ignore anything that has to do with this trademark grab. Even if you ask a question about what that case design comp that may show them in bad light, they ignore the question and/or delete it. :shakes:
*sigh* let me clarify - once again - threads are locked here when the original question / issue has been addressed, and posting degenerates into trolling, flamebaiting, and personal attacks. The rep from AT has no more influence over whether a thread is deleted or locked than does any other member.Quote:
They even tried getting threads locked here when something is posted they don't like.
I am sorry people like Sadasius have left over this issue. That is an individual choice people are free to make. Some have assumed that allowing an AT rep to post on XS means "XS" actively supports AT. That is not the case - they / he is allowed to participate as are other vendor reps.
If people have new information on AT or their business practices, they are free to post them in this thread. The request is that we do not get into the trolling, flamebaiting, or personal attack drama.
@ shazza, i dont make the rules here.
But ill 100% support the idea of removing any link to them on this forum. They pissed on our hobby, and shouldnt be allowed to be on the greatest wc forum on the planet. Thats the punishment they deserve for again, pissing on our great hobby!
But, i do understand your point of view.
just my 2 cents.
I should have clarified myself. I didn't mean that they PM'ed a mod or anything like that. I'm not an admin and have no idea what goes on behind closed doors.
I meant that when there was a thread or 2 here that wasn't going their way, they posted that the thread should be closed. That is what I meant. Sorry if it read different. ;)