aquatuning trademark grab ?

[Logos]

I am surprised they can pull this off if they are in the EU. While I think Europeans are too quick to give up their sovereignty (i.e. the EU) I do think some areas like patents and cooperative business law are an area in which that type of organizational structure would be beneficial.

yeah, it's just that, there's no European patent regulation I think, each country does it its own way...

[DarthBeavis]

yeah, it's just that, there's no European patent regulation I think, each country does it its own way...

Now that we have one ruler to rule the entire planet (Obama) maybe all that will change.

[hwlabs]

We've encountered this before with the common character involved in this brewing debacle.

An OHIM register mark is an EU community trademark.

The companies have less than a month to contest this registration by means of filing an opposition as the 6 month period from publication is about to lapse. The main contention that they may put forward is to establish prior use and to provide extensive proof of the use of their mark in trade. It is highly very unlikely that the applicant can prove any better than the legitimate owners of these brands that they have developed them.

It is often greed that begets stupidity, this is either sheer brilliance at work or apocalyptic delusion.

[Erasmus354]

We've encountered this before with the common character involved in this brewing debacle.

An OHIM register mark is an EU community trademark.

The companies have less than a month to contest this registration by means of filing an opposition as the 6 month period from publication is about to lapse. The main contention that they may put forward is to establish prior use and to provide proof of extensive proof of the use of their mark. It is highly very unlikely that the applicant can prove any better than the legitimate owners of these brands that they have developed them.

It is often greed that begets stupidity, this is either sheer brilliance at work or apocalyptic delusion.

It's looking like this is set to blow up in their faces. In this day and age you don't want to piss off a ravenous customer base. Water coolers are very loyal, as evidenced so far they don't take kindly to this kind of shenanigans. I don't doubt that they will lose a lot of stateside business from this. I suspect that once this story trickles through translations they will have some uprising from their European customers as well.

[affiliate13]

How will the owners know that they have only one month to contest the registration of their name, will they be contacted by the registrar?

This is well dodgy.

[Logos]

it's been posted @ Anandtech too:
http://forums.anandtech.com/messagev...readid=2310090

[hwlabs]

It is not the duty of the registrar to inform companies that their mark was being registered by a 3rd party its rather impractical.

[Logos]

We've encountered this before with the common character involved in this brewing debacle.

An OHIM register mark is an EU community trademark.

The companies have less than a month to contest this registration by means of filing an opposition as the 6 month period from publication is about to lapse...

yeah my bad, as the EU registration was indeed referred to at the beginning of this thread; so they've managed to register for the whole EU, and in a separate process for Germany only.

[DarthBeavis]

We've encountered this before with the common character involved in this brewing debacle.

An OHIM register mark is an EU community trademark.

The companies have less than a month to contest this registration by means of filing an opposition as the 6 month period from publication is about to lapse. The main contention that they may put forward is to establish prior use and to provide extensive proof of the use of their mark in trade. It is highly very unlikely that the applicant can prove any better than the legitimate owners of these brands that they have developed them.

It is often greed that begets stupidity, this is either sheer brilliance at work or apocalyptic delusion.

not to smart to unite competing companies (manufacturers) against you (a vendor who cannot do business without their products)

[wondergod]

Honestly, I don't think its as bad as everyone thinks. It could honestly be what they are trying to do, prevent shoddy companies from making fake parts and selling it with a Official name.

In all reality the moment they tried to affect other online shops with Trademark lawsuits or threats all of their current suppliers/distributors would start an embargo on them. In which case they would have nothing to sell. As a company I don't think they are willing to risk that.

Edit: If not, screw them.

[Dr.Joe]

btw: Alphacool and Aquatuning are completely independent since 2006, so Alphacool has nothing to do with this...

[hwlabs]

btw: Alphacool and Aquatuning are completely independent since 2006, so Alphacool has nothing to do with this...

They've always been separate entities, Andreas Rudnicki, was the former Geschäftsführer of Alphacool until 2006.

[century child]

Honestly, I don't think its as bad as everyone thinks. It could honestly be what they are trying to do, prevent shoddy companies from making fake parts and selling it with a Official name.

In all reality the moment they tried to affect other online shops with Trademark lawsuits or threats all of their current suppliers/distributors would start an embargo on them. In which case they would have nothing to sell. As a company I don't think they are willing to risk that.

Edit: If not, screw them.

I don't buy that. It would mean that, out of the goodness of their hearts, they are spending well over 1,000 EUR out of their own pockets per patent in order to prevent other european companies from possibly making knock-offs. I don't see a shop, especially a German one, doing that.

[Erasmus354]

It is not the duty of the registrar to inform companies that their mark was being registered by a 3rd party its rather impractical.

Yea, and just to help screw AT more I am bored at work and currently e-mailing all of the companies.

CoolIT, ACRyan, SilenX, Recom, Noctua, Yate Loon down ...

Thermochill, Swiftech, XSPC, McMaster (Masterkleer), Koolance, Danger Den, and Bitspower to go.

Please redirect this email to your legal department or supervisor. The following is regarding an urgent problem with a European Retailer (Aquatuning.de) registering your Trademark as their own with the OHIM. The period for protest is about to expire.

The story can be read here: http://www.hardocp.com/news.html?new...VzaWFzdCwsLDE=

The information you need to file a complaint with the OHIM is listed below.

complaintsunit@oami.europa.eu

http://oami.europa.eu/ows/rw/pages/Q...intsUnit.en.do


Needed Information to file a complaint:

* CTM/RCD File No.
* Identity of complainant (Name, Surname)
* Nature of complainant (Applicant, owner, agent, representative)
* Address of complainant (Street, City, Country, Phone No., Fax No., e-mail)
* Reason for the complaint
* Preferred means of communication (e-mail, fax or ordinary mail)
* Language of complaint: English, French, German, Italian or Spanish


For your reference the CTM No. for the CoolIT Systems trademark that Aquatuning has registered is 008147662


I hope that you have success in defending your trademark from these people.

[DemonEyez]

I am surprised they can pull this off if they are in the EU. While I think Europeans are too quick to give up their sovereignty (i.e. the EU) I do think some areas like patents and cooperative business law are an area in which that type of organizational structure would be beneficial.

[off-topic]
Hey, not all Europeans are happy with giving up our sovereignty, it 's mainly our governments who plan these things and don't listen to the people who voted them. Back here in the Netherlands a lot of people are aginst the EU getting more and more power. Now with the last European Elections it's becoming more clear that people from different EU-countries have had it with the European parliament, which has to much power and cost far too much
[/off-topic]

Perhaps someone should email Nely Smit-Kroes about this, you know , the European Commisionair who fined Microsoft and Intel, she's one tough cookie

[Marco André]

How many germans are reading this thread?



Trademark = serious business!

[Erasmus354]

Submitted to Digg

http://digg.com/tech_news/Monster_Cables_in_Reverse

[DemonEyez]

Did you guys read this?

We reported on this story yesterday, but have some more interesting information is coming to light. We explained to you that Aquatuning CEO Andreas Rudnicki, was a founder of Alphacool, which is correct. Alphacool contacted us directly and made a HardForum post explaining that Mr. Rudnicki is no longer employed by Alphacool and has not been since 2006. It seems as though Mr. Rudnicki’s penchant for registering others’ marks is not a recent event and is simply a skill he acquired while at Alphacool and has taken with him to Aquatuning. We have uncovered that while Mr. Rudnicki was employed by Alphacool, he registered the mark “Black Ice” which was registered in the US and in full use by Hardware Labs here in the USA which was selling to Alphacool at the time. According to the records, the Black Ice mark was finally let go by Alphacool some time in 2007. So it would seem to us that Rudnicki’s trademark behavior, or lack thereof, is nothing new. We have sent Nathaniel Draht, the reported owner of Aquatuning an email, but have yet to get a response.

source: http://hardforum.com/showthread.php?t=1426188


@Marco Andre

see any resemblence?

[Thomas FJ]

Did you guys read this?

We reported on this story yesterday, but have some more interesting information is coming to light. We explained to you that Aquatuning CEO Andreas Rudnicki, was a founder of Alphacool, which is correct. Alphacool contacted us directly and made a HardForum post explaining that Mr. Rudnicki is no longer employed by Alphacool and has not been since 2006. It seems as though Mr. Rudnicki’s penchant for registering others’ marks is not a recent event and is simply a skill he acquired while at Alphacool and has taken with him to Aquatuning. We have uncovered that while Mr. Rudnicki was employed by Alphacool, he registered the mark “Black Ice” which was registered in the US and in full use by Hardware Labs here in the USA which was selling to Alphacool at the time. According to the records, the Black Ice mark was finally let go by Alphacool some time in 2007. So it would seem to us that Rudnicki’s trademark behavior, or lack thereof, is nothing new. We have sent Nathaniel Draht, the reported owner of Aquatuning an email, but have yet to get a response.

source: http://hardforum.com/showthread.php?t=1426188

Yeah, it's not fair, and even more important, correct to drag Alphacool into this.
I vote for a thread rename to "Aquatuning.de trademark grab?"
/Thomas

[Logos]

yep, I also think the thread should be renamed...

[Marco André]

DemonEyez,

Just found an edited pic from yours in another forum regarding the same issue... Or is this the original one? Can't say

I can't stop laughing with this pic

[Fr3ak]

Only speculation, but my guess is that Aquatuning is going to give especially small shops in Germany a written warning for selling products with "their" name. They already did something like that with PC-Icebox and A-C-Shop regarding products from TFC which used "wrong" claims.

What makes it worse: Those shops being attacked are executed by just a single or 2 persons, that try to make enough money to live, not making millions. Hopefully the manufacturers whose names have been "stolen" will unite and sue Aquatuning for this behaviour. No idea if they can stop selling their products to Aquatuning, but I would certainly try to do that in their positions. There are enough shops that sell watercooling parts out there

[DarthBeavis]

[off-topic]
Hey, not all Europeans are happy with giving up our sovereignty, it 's mainly our governments who plan these things and don't listen to the people who voted them. Back here in the Netherlands a lot of people are aginst the EU getting more and more power. Now with the last European Elections it's becoming more clear that people from different EU-countries have had it with the European parliament, which has to much power and cost far too much
[/off-topic]

Perhaps someone should email Nely Smit-Kroes about this, you know , the European Commisionair who fined Microsoft and Intel, she's one tough cookie

/OT Then, my friend, I think many Europeans have more in common with your American cousins. Our government seems to have a propensity to NOT listen.

[Logos]

just started a topic in a French forum here:
http://forum.hardware.fr/hfr/Discuss...et_88692_1.htm

[Leeghoofd]

I've been buying from them for quite a while too, but no more.
I've always liked HighFlow and Freddy's service is A+, so I'll just be spending more money at HighFlow from now on.

But what if the High flow guys want to sell any of them products on that Aquatuning list ? How far does this trademark thing go ?

We had a promising deal with them for some waterblocks samples that weren't tested in the first I7 part 1 round up, yet we haven't heard nothing from them since end of April (no reply at all). Seems they will put all the available cash into this trademark conquer act.

I always liked their service, but this will get some bad blood flowing...