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Thread: aquatuning trademark grab ?

  1. #126
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    Quote Originally Posted by scamps View Post
    Sorry, did anyone read or can really prove that the concerned companies do disagree with the procedure of Aquatuning?

    The rumors are online several days, but I have not read any real confirmation, yet ...

    Only a "I have heard" or "XYZ will take legal action", but no assured facts. Are you really really really sure, that Aquatuning did not act within the limits of their contracts as a (local exculsive) distributor?

    Iīm beginning to be in doubts ...

    If (and only if) they act within their contracts the whole rumor will mutate into a (very well prepared) campaign against Aquatuning and I would really like to know, who did start it - and why

    Certainly: Only if ...
    I have contacted most of the manufacturers. Those who have responded were not aware of this activity, did not authorize this activity, did not approve of this activity, and are actively taking legal action to combat this activity.

    I will not post their responses here because I don't feel I have the right to post their email correspondences.

    Really, what right do you think a retailer actually has to trademark a product they are reselling?

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    Quote Originally Posted by scamps View Post
    Sorry, did anyone read or can really prove that the concerned companies do disagree with the procedure of Aquatuning?

    The rumors are online several days, but I have not read any real confirmation, yet ...

    Only a "I have heard" or "XYZ will take legal action", but no assured facts. Are you really really really sure, that Aquatuning did not act within the limits of their contracts as a (local exculsive) distributor?

    Iīm beginning to be in doubts ...

    If (and only if) they act within their contracts the whole rumor will mutate into a (very well prepared) campaign against Aquatuning and I would really like to know, who did start it - and why

    Certainly: Only if ...
    If you don't believe those who have posted that they have been in contact with the companies involved (and even one who posted here who is directly involved) then contact the companies yourself and ask for comment so that you can make an informed decision about whether or not to support this company. If AT had nothing to hide, they would have explained the situation by now instead of declining to comment and allowing this to perpetuate.

  3. #128
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    confirming, I've also been in touch with two companies I won't name there, one said they were aware of the issue for a while, the other one is taking action and thanked me for the friendly warning
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  4. #129
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    Quote Originally Posted by scamps View Post
    Sorry, did anyone read or can really prove that the concerned companies do disagree with the procedure of Aquatuning?

    The rumors are online several days, but I have not read any real confirmation, yet ...

    Only a "I have heard" or "XYZ will take legal action", but no assured facts. Are you really really really sure, that Aquatuning did not act within the limits of their contracts as a (local exculsive) distributor?

    Iīm beginning to be in doubts ...

    If (and only if) they act within their contracts the whole rumor will mutate into a (very well prepared) campaign against Aquatuning and I would really like to know, who did start it - and why

    Certainly: Only if ...
    There are millions of court cases around the world every day, we only get to hear about the ones the media deems interesting. Doubt we'll ever hear anything further on this, especially after legal action has been initiated.
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  5. #130
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    Quote Originally Posted by scamps View Post
    Sorry, did anyone read or can really prove that the concerned companies do disagree with the procedure of Aquatuning?

    The rumors are online several days, but I have not read any real confirmation, yet ...

    Only a "I have heard" or "XYZ will take legal action", but no assured facts. Are you really really really sure, that Aquatuning did not act within the limits of their contracts as a (local exculsive) distributor?

    Iīm beginning to be in doubts ...

    If (and only if) they act within their contracts the whole rumor will mutate into a (very well prepared) campaign against Aquatuning and I would really like to know, who did start it - and why

    Certainly: Only if ...
    I had a real live face-to-face conversation with one of the parties about it and they were NOT happy. Then I read from a couple others posting on OTHER forums that have a big issue with it. So WTF are you saying? AQUATUNING DID NOT HAVE PERMISSION to do so. Tell me how you are connected to Aquatuning? Only someone connected would defend them.
    "Thing is, I no longer consider you a member but, rather a parasite...one that should be expunged."

  6. #131
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    Quote Originally Posted by scamps View Post
    ...Iīm beginning to be in doubts ...

    If (and only if) they act within their contracts the whole rumor will mutate into a (very well prepared) campaign against Aquatuning and I would really like to know, who did start it - and why
    you must be kidding, I for one and others here too I'm sure use to consider Aquatuning as the best liquid cooling gear provider in Europe; so how any of us would have any sort of interest in initiating a campaign against them for some obscure reason It does bother me that Aquatuning is involved in that mess, and I certainly would have preferred the rumors to be unfounded, but they're unfortunately not. Go through this thread again, other forums...
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  7. #132
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    Sorry again, there are still no proves

    And: In difference to others I think the matter is to serious to jump to conclusions ... I am overaged for kidding

    @DarthBeavis
    Who are YOU to insult ME? How are YOU connected to FESER? Post your question at forumdeluxx.de (my home and castle) and some people will be very amused ...

    @Logos
    Hu, there are a lot of possible reasons for it ... And I am more or less active in 4 fora, no problem to release information worldwide

    @Waterlogged
    Unfortunately I agree.

  8. #133
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    Quote Originally Posted by scamps View Post
    Sorry again, there are still no proves
    no proves hey ? go to the EU and the German registering web sites, and see for yourself who trademarked x and y and z brands, you don't feel like checking or what ?
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  9. #134
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    Quote Originally Posted by Logos View Post
    no proves hey ? go to the EU and the German registering web sites, and see for yourself who trademarked x and y and z brands, you don't feel like checking or what ?
    I know these screens. But why didnīt any of the companies react at all before? Bitspower, DangerDen, Koolance .... All not interested in their trademarking? Canīt believe in so much amateurishly acting. Give me a link to an official statement of one of them and there will be no doubt.

    There are dozens of employees and CEOs of these companies active in different fora - and all of them do the same: remain silent. Why? Fear of Aquatuning ???

  10. #135
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    Quote Originally Posted by scamps View Post
    I know these screens. But why didnīt any of the companies react at all before? Bitspower, DangerDen, Koolance .... All not interested in their trademarking? Canīt believe in so much amateurishly acting. Give me a link to an official statement of one of them and there will be no doubt.

    There are dozens of employees and CEOs of these companies active in different fora - and all of them do the same: remain silent. Why? Fear of Aquatuning ???
    No, most companies won't talk about legal actions unless they are absolutely forced to, and in some cases, gag orders prevent even that. They don't like John Q. public knowing what goes on behind closed doors and will keep it that way as long as they can.
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  11. #136
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    Prolly they want to get this sorted out in a decent manner and are investigating how to counteract... Even if the manufacturers were amateurish, does that justify what AT want's to pull of here ?

    If you are right Scamps, then this has been a massive hoax. If not Aquatuning will suffer big time for this act. Sadly my contact doesn't respond at AT at all...
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  12. #137
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    Quote Originally Posted by scamps View Post
    I know these screens. But why didnīt any of the companies react at all before? Bitspower, DangerDen, Koolance .... All not interested in their trademarking? Canīt believe in so much amateurishly acting. Give me a link to an official statement of one of them and there will be no doubt.

    There are dozens of employees and CEOs of these companies active in different fora - and all of them do the same: remain silent. Why? Fear of Aquatuning ???
    Simple answer, they didn't react before because they didn't know before. It is not the job of the trademark registry to contact all possible people being infringed upon. It is the job of the registrant to make sure, and it is the job of proper parties involved to make sure they protect their trademarks. In this case AT is primarily snapping up trademarks of companies products who are based overseas.

    Have you registered your companies trademarks in China, Japan, Korea, Australia, United States, Russia, Germany, France, England, etc.... ?

    I know that at least most of the companies in question have their trademarks registered in their home countries.

    It costs a lot of money, and isn't necessarily worth it. If you would have read the thread you would have seen that we have all come to the conclusion that LEGALLY there might not technically be anything wrong with what AT is doing. However, there is a 6 month dispute period where the companies effected can dispute the trademark registration.

    Irregardless of the legality of the matter, the morals and ethics are simply despicable. That is primarily what most of us are objecting to. The general behavior at play here. It's like those seedy personal injury lawyers who chase ambulances around town. Nobody really likes their behavior even though it is within the law.

    How do you think people would react if I trademarked AquaComputer in the United States (open trademark btw) and then started demanding royalty fees for every aquatube, aquaero or AC product sold in the United States. Legally I could do that, but it doesn't mean that people have to like it or approve of it.

  13. #138
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    The really sucky part is that the companies who now have to defend their trademarks with lawyers are going to lose a lot of money and it'll more than likely get pawned off on us with higher component prices.

    Argh.

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    Usually in legislation like this, the loser pays the winner's court fees, so the money doesn't come out of the consumers' pockets.

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    Quote Originally Posted by scamps View Post

    @DarthBeavis
    Who are YOU to insult ME? How are YOU connected to FESER? Post your question at forumdeluxx.de (my home and castle) and some people will be very amused ...
    .
    I never said Feser dipwad. You need to do some research on who you are talking to.

    Now you are really showing your ignorance:
    I know these screens. But why didnīt any of the companies react at all before? Bitspower, DangerDen, Koolance .... All not interested in their trademarking? Canīt believe in so much amateurishly acting. Give me a link to an official statement of one of them and there will be no doubt.

    There are dozens of employees and CEOs of these companies active in different fora - and all of them do the same: remain silent. Why? Fear of Aquatuning ???
    You listed three companies. ALL are my sponsors. Hey, Feser has also sponsored me. And most if not ALL of those companies are pursuing action. Vincent from Bitspower and Danger Den are pissed. Want me to place a call to see if Koolance has a take on it?

    Again, you clearly have NO idea who I am. Between me and a guy who runs another site I will not name who I also VERY pissed about this, we have pretty much ALL the major companies as good contacts.


    One more thing to consider: Do you think Kyle of [H] has no insider info? Are you crazy?

    And why would I want to go to some German forum?
    Last edited by DarthBeavis; 06-16-2009 at 12:34 PM.
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  16. #141
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    Quote Originally Posted by 3Z3VH View Post
    Usually in legislation like this, the loser pays the winner's court fees, so the money doesn't come out of the consumers' pockets.
    um... getting the judgement in favor of one party for legal fees is easy...
    getting the payment... that's another story...

    nobody, except the lawyers, win in a case like this...

    just some experience in the past, dealing with counterfeiters... actually sent one to jail after we raided his house/warehouse in the middle of the night... that was quite a scene...
    of course, NDA prohibits us from talking further...
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  17. #142
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    Personally I've just contacted my lead in Farnell (distributors or Bulgin products here, there and everywhere) and emailed Bulgin (company based on Essex, round the corner from where I live) about this conundrum.

    I'm not sure I fully understand what's going on with AT, but I'm sure their legal team will.

    It's interesting that in that published list there are some names missing... like Tygon for instance. It's St Gobain Plastics a bit too big to bite into?
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  18. #143
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    scamps how are you connected to Aquatuning. Do you just live close? Are you friends with the company? Do you work there? I have clearly disclosed I am friends with Danger Den (everyone here knows that). I also have great relations with a few people from Koolance and have had sponsorship relationships with BP, Feser, Performance PCs, Smooth Creations, Nvidia, ATI/AMD, Intel, Crucial, Silverstone, Asus, Mountain Mods, etc. I have given full disclosure. Your turn.
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  19. #144
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    Quote Originally Posted by MrToad View Post
    It's interesting that in that published list there are some names missing... like Tygon for instance. It's St Gobain Plastics a bit too big to bite into?
    lol believe it or not, I've thought about that already, Tygon and Saint-Gobain...Saint-Gobain is a French based multinational company...no, AT won't risk it
    ...they'd get wiped off the map in less than a week

    ps:I noticed as well a few days ago Tygon wasn't in the list of course ...and Tygon's probably trademarked all over the planet by their legal owner already.
    Last edited by Logos; 06-16-2009 at 01:04 PM.
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  20. #145
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    I've been trying all day to reconfigure my watercooling parts purchase to avoid Aquatuning. What they're doing is the lowest of low.

    I even ended up buying my new Enermax 85+ 1250 from another site for 18 Euros more just to give Aquatuning the finger. I'm voting with my wallet.

    On a related note, any German or thereabouts members know any good sites besides:

    Aqua Computer
    PC Ice Box
    A-C Shop

    Preferably something in Germany.
    Last edited by kgk; 06-16-2009 at 01:22 PM.

  21. #146
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    Quote Originally Posted by Logos View Post
    lol believe it or not, I've thought about that already, Tygon and Saint-Gobain...Saint-Gobain is a French based multinational company...no, AT won't risk it
    ...they'd get wiped off the map in less than a week

    ps:I noticed as well a few days ago Tygon wasn't in the list of course ...and Tygon's probably trademarked all over the planet by their legal owner already.
    Agreed. A multi-national like St Gobain, who deals in thermoplastics, and therefore must have close ties with oil multi-nationals, seems like the kind of people that can sort minor issues like this with a phone call and at administrative level, without actually having to bother the board of directors with minutia

    Still, if AT is really trying to register all these trademarks as their own, I really don't know what they think they're gonna achieve.

    I'd rather use my own intestines as tubing than buying from someone who steals the hard work of small companies that have made a name for themselves through bloody hard grafting.
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  22. #147
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    I think its funny some tool comes here saying the companies who RIGHTFULLY own the names do not care.
    "Thing is, I no longer consider you a member but, rather a parasite...one that should be expunged."

  23. #148
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    Quote Originally Posted by DarthBeavis View Post
    I had a real live face-to-face conversation with one of the parties about it and they were NOT happy. Then I read from a couple others posting on OTHER forums that have a big issue with it. So WTF are you saying? AQUATUNING DID NOT HAVE PERMISSION to do so. Tell me how you are connected to Aquatuning? Only someone connected would defend them.
    Well, if this is what it seems (I keep using if because, as I said before, I'm not sure I fully understand what's going on...), I'd think that it would be a cold day in hell before Gabe (Swifty) would willingly let some random distributor (not because they're German, I'm sure if Aquatuning would have their HQ in North Carolina the situation would be exactly the same) use the name Swiftech to commercialize anything, even if what they intend to commercialize under that name are baby meals.
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  24. #149
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    Quote Originally Posted by DarthBeavis View Post
    I think its funny some tool comes here saying the companies who RIGHTFULLY own the names do not care.
    companies HAVE to care... else statue of limitations or their versions thereof, applies...
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  25. #150
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    Quote Originally Posted by scamps View Post
    I know these screens. But why didnīt any of the companies react at all before? Bitspower, DangerDen, Koolance .... All not interested in their trademarking? Canīt believe in so much amateurishly acting. Give me a link to an official statement of one of them and there will be no doubt.

    There are dozens of employees and CEOs of these companies active in different fora - and all of them do the same: remain silent. Why? Fear of Aquatuning ???
    Mr Scamps, What are you really trying to say here, that every person posting here is just biased against AT and that we just want them to fail for no reason? or do you have some kind of relationship with AT.

    there is no "public" reaction from those companies against AT because this is likely going to the courts, and all information will NOT be released to the public. that is why u dont see Gabe or other company reps in here posting their plans.

    I dont care if its legal, or illegal: what they're doing. its not morally right and us (the consumers) don't like that. even though i am not from europe and have no plans to buy from there, i would HATE any retailer to do this even if it were a US retailer. F AT.

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