Hana Modz Protects Its Trademark

[charliestheman]

It's really rough on high quality US manufacturers that the International (like Chinese) laws don't protect patents and trademarks. For consumers some see it as a great thing, others not so much.

I can see the argument for both sides and won't clog up the OP making one for either. Right or wrong, there's a lot of difference in counterfeit goods being manufactured and sold in other countries vs. in the United States of America when we are dealing with U.S. federal intellectual property, property, and patent laws and regulations.

Hana Modz has decided to take action against those it sees as infringing that are in the U.S.

https://www.rfcexpress.com/lawsuits/trademark-lawsuits/california-southern-district-court/790506/hana-modz-llc-v-illvapes-llc-et-al/summary/

If anyone is interested, here's the trademark information that I also saw in another post I read on the subject.

http://trademarks.justia.com/861/95/hm-hana-86195521.html

I'm more familiar with patent laws than trademarks, and my patent knowledge is limited to what I've needed to know and learned in my own experience. I don't know the specifics on pending applications with trademarks. With patents, if the patent is filed and pending in an official manner, it can be defended pretty much as solidly as a patent which has been issued.

However I don't know trademarks, and what the legal standing is for a trademark status of "630"

Edited May 21, 2014 by charliestheman

[Joshuab3687]

Whats funny is, that Illvapes is selling the "Hana" clones that are made in china. Illvapes didn't make em, just reselling them.

[iheartvape]

Yeah im not too sure how well that will work. illvapes doesnt make them or claim to make them. I will have to read the laws closer though, cause if thats the case.... 99% of the Vape shops in America will go out of business since MOST of them sell knock offs.... lol

[Joshuab3687]

If they just sold the "no logo" clone, there'd be no case.

[bcartervol98]

Yeah im not too sure how well that will work. illvapes doesnt make them or claim to make them. I will have to read the laws closer though, cause if thats the case.... 99% of the Vape shops in America will go out of business since MOST of them sell knock offs.... lol

Amen.

[charliestheman]

Yeap that's exactly right, I haven't looked into it a lot, but the branding and logo seems to be what causes problems for the ones that do have problems.

In my opinion, the fact that retailers know clones with logos will outsell clones without logos says a lot about what things have come to in our world. I think the reason I like our forum so much, is it seems to get rid of those types on its own

"Kids these days, shaking my head!" says the old curmudgeon rocking on the porch. That's politically incorrect, I typed out the words instead of using text speak and abbreviations. And I like that others do it here too!

[mvince201]

It is still illegal to distribute counterfeit merchandise even if you are not the person who created it, I believe.

[bcartervol98]

One of my employees has a battery from one of the local awful shops that is branded "JoyTech" not "JoyeTech" lol.

[iheartvape]

Yeah, who ever clones them just needs to change the name to something else, we all know what it is, you dont have to sell it as a "Hana Style" or Hana Clone" sell it with a simple name like "H Box 20w" H Box 30w" or something... lol

[Proetus]

US Laws do not apply in foreign countries. Hence the ability to clone away. But as stated, changed the name, leave off the logo etc, it's not a clone. If you notice fasttech has changed the name of a lot of products to "styled" atty/mod etc.

[charliestheman]

Did something come up with a big trademark with lawsuits against juice vendors a while back? I've noticed lots of companies now advertise "formerly known as pepsee" for juices like "Blue Cola"

[BirdDog]

Since the dawn of vaping, juice suppliers have been sent letters and threatened to be sued in regards to trademark infringement. This included images and names. Most comply, not worth going head to head with a large corporation in court.

[BirdDog]

When I started vaping, a very long time ago, there was a company called Janty. Mostly a European based company but also had American ties. Janty revolutionized the vaping scene at the time. They were the ones that worked closely with Joye to develop the eGo battery and a few other batteries (Janty stick, 801 connection?). Janty had full rights to the eGo and was the only seller for quite a few months before the kits started showing up at other suppliers. Then came the clones to the eGo, like the Riva.

Cloning is nothing new in the vaping world. Drip tips, tanks and tube mods were all ripped off from American designers. There were debates left and right about the whole subject. There were also a few patent disputes, at one time, in regard to variable voltage mods or something along those lines. I don't think anything ever came of it.

But I understand what Hana Modz is doing with this case. Their trademark logo is being used to sell the clone. They can't go after China directly, so why not hit the supplier. A brilliant idea to trickle down to the manufacturer.

Edited May 22, 2014 by BirdDog

[Compenstine]

I noticed IllVapes has taken them off the site.

[BirdDog]

I noticed IllVapes has taken them off the site.

Smart move on their part.

[davemattison]

Hana mod clone is also good and very cheaper than real,

[Proetus]

Much less powerful then an authentic dna as well. Get what you pay for.

[iheartvape]

Much less powerful then an authentic dna as well. Get what you pay for.

Less powerful in what regard? Battery life? or does the 20W clone not really hit 20W?

[Proetus]

Less powerful in what regard? Battery life? or does the 20W clone not really hit 20W?

The 20 is close, the 30 not so much. There is one difiference however. The Yihu chip is a buck/boost converter. Meaning it will raise or lower voltage/wattage to set point. The DNA is a boost converter only, when the wattage would be what the chip determines is below battery voltage, the chip just dump the battery voltage to the atty like a mech mod. You'll see this by your ohms flashing on the DNA display.

It doesn't bother me as I am rarely under 13 watts.