Power Kite Forum

HQ knock off part two

sodfarmkiter - 29-3-2008 at 10:25 PM

Now the crap is getting deep! The people selling the kite that looks like a Montanna I 9.5 sent me a threatening email


If you do not give up those forum links to us, we will report you to the United States Patent office. Your emails to us already provides your IP address and eBay knows your ID. This will be sufficient evidence for the Patent Office to file suit against you. You are in direct violation of the United States Patent Statute at the following link:

http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35...

You have 2 days to respond with those links.

Guess I mentioned that I posted on a forum to ask If any one had heard of this kite. And their ebay sale didn't go as they planned, now they think it's my fault. please correct me if I'm wrong but the link on this page, does that in any way apply to me? Or does that link apply to what he's doing? I'm confused.:puzzled:

Altector - 30-3-2008 at 02:29 AM

I think he saying it applies to you, where as in "reality" it applies to him! :alien:

BeamerBob - 30-3-2008 at 04:29 AM

Yeah, I'm sure sodfarmkiter is in deep trouble because someone he never met is selling pirate copies of a kite.:rolleyes:

I sent them emails as well, but I haven't heard a word from them. I love poking sticks at someone when they deserve it.

kullas - 30-3-2008 at 06:28 AM

I dont think i would respond to anything he sends. maybe just another skam. if he gets anywhere with this the Patent office will contact you. So no wories

tridude - 30-3-2008 at 06:52 AM

Would you like me to book him one way to Bagdad International? I still have connections............:yes:

Deadhead - 30-3-2008 at 06:57 AM

This guy is laughable - he quotes a reg that applies to the knock offs he's selling. WOuldn't worry in the least. BTW< noticed his latest Ebay attempt has the keyword MONTANA in it............ bit blatent there, eh?

tedsfoils - 30-3-2008 at 07:06 AM

Oh now that is funny. I looked at the link he sent trying to figure out what he is thinking. He sounds very confused.

In any event it looks like he has to file the suit not the patent office. I would not worry about it.

Opps better quote this before I get sued.
"35 U.S.C. 292 False marking.
(b) Any person may sue for the penalty, in which event one-half shall go to the person suing and the other to the use of the United States."

NPWfever - 30-3-2008 at 10:06 AM

He won't contact the patent office because if he does he get screwed! My vote is everyone just keep sending emails and post as many links as you can! HE CAN'T TAKE US ALL DOWN!!!! :wink2:

KYTE SLINGER - 30-3-2008 at 11:09 AM

in reality it's up to HQ to take legal action ....

Ben from revolution sounds like he had enough of the knock-offs and stepping up what ever action is necessary

watch out from e-bay about harassment.....



check out some of the other fakes

http://pages.ebay.com/securitycenter/law_case_study.html

these guys should'nt be allowed to spawn

strictlycarved - 30-3-2008 at 11:42 AM

this is getting really funny either way a real government office will contact you with a warning first. so i wouldn't worry so much.

sodfarmkiter - 30-3-2008 at 01:04 PM

I wasn't trying to start a big fight with the guy, when I realized that I had sold him the real Montana. I was kinda pissed and had told him i was on to him and that I still had the emails from the sale. Then he started threatening me. And I may have responded to a few of those because I don't like being told what to do! Here was my reply to the email above:

I'm not the one who stole a kite design you are! you want to report me to someone you be my guest. It might come out that your a fraud! the kite forums I'm on are PUBLIC and protected by the constitution! REPORT me I've done nothing, your threats mean noting...And its a two way street I have your emails also, so what. Don't threaten me your the one selling FAKE kites. In all my searches I've found NO information backing up your claims of the kite being popular in Europe or even existing for that matter.

Bladerunner - 30-3-2008 at 05:01 PM

Yet one more reason I LOVE this forum !!!

Not being able to have open discusions like this about our local shops on a local forum was a huge disapointment to me and turned me off completely.

It's nice to see that a hot topic like this can be discussed without a bunch of bad mouthing and lots of valuable advice :cool2:

This is one good bunch of folks to share with :thumbup:

strictlycarved - 30-3-2008 at 08:32 PM

yea for bad mouthing :evil: snowbird i would have to agree with you.

tridude - 31-3-2008 at 05:14 AM

Bagdad scenario too harsh?:D

Bladerunner - 31-3-2008 at 09:22 AM

Quote:
Originally posted by tridude
Bagdad scenario too harsh?:D


I don't know if that's too harsh. It was clearly meant as a joke !

Baluk - 31-3-2008 at 01:01 PM

Quote:
Originally posted by snowbird
It was clearly meant as a joke !


You must not know Tridude too well....:D

sodfarmkiter - 31-3-2008 at 10:54 PM

It's been two days and no official emails yet! And don't worry guys I didn't give you up to the MAN...And the dweeb hasn't wrote me back either. And as far as tridude goes, what I don't know won't hurt me! re:Bagdad hint, hint...

BeamerBob - 1-4-2008 at 03:46 AM

I got a threatening email yesterday. Here it is.

"We have full rights to sell this kite and any claims that we do not will be reported to the US Patent Office. Fines are $500 per occurrence. HQ and eBay is fully aware of all patents and trademarks regarding their product and ours. eBay is very strict on such rules and we would not be able to list these on their site if we violated any. Thank you."

I think they are confused about who the patent office protects and who they charge.

sodfarmkiter - 1-4-2008 at 06:40 AM

I'm not going to respond to him again:evil: But If I did, I would only tell him GOOD LUCK BUDDY:!:

How is the real Montana 9.5 anyways?

Jason1291 - 1-4-2008 at 03:24 PM

I saw the the kite you were talking about on eBay and was really going to buy it but I am curious why eBay did not pull the listing if it was illegal. As far as I know, anything that is made and sold illegally on eBay is pulled off pretty quickly once eBay is informed.

I assume HQ and the Revolution guys already flagged the listing and eBay should have known about it by now, unless this guy actually purchased or obtained the rights to sell these.

I actually purchased one of the revolution style kites from him before and I've seen it listed and relisted on eBay for over a year now. Just wondering what the deal is. Maybe these guys and eBay know something we do not know and HQ and Revolution is just not telling us about it. It's a competitive world out there. They all could be scamming all of us customers.

I saw the note the eBay guys added in their kite listings about patent rights and trademarks and I think what they are saying is that if someone is trying to stop the sale of their product by claiming that the product is illegal or a scam, they better have proof or else they can be sued. So far eBay has not removed the listing so I am going to watch it for a while before I purchase it.

Let you know in a few weeks.

Jas

sodfarmkiter - 1-4-2008 at 06:59 PM

From what I can figure they are Trying to use montana's popularity and looks to sell it. Now if they did use the one I sold them to make copys of. And they change it a little bit can they re-patent it. I don't know just speculation! I WOULDN'T BUY IT!:lol:

HQ-Powerkites - 1-4-2008 at 07:10 PM

hey guys,

this is Tim with HQ USA. I can assure you that HQ has not given anybody permission to produce their product or licensed out a design.
After I brought this to their attention, they all said 'What the heck is that'
They have not done anything legally yet. I just suggest NOT to buy scam products. That is the easiest way of keeping pirates out of the ball game.

Tim

sodfarmkiter - 1-4-2008 at 09:09 PM

I just seen his new add on ebay and he's trying to get somebody to rat us out:!::!::!:
Here is what he is saying:

To our customers:

Please email all comments regarding this kite from our competitors and their kite forums to us. Competitors are liable for any inaccurate or misleading comments made regarding this product and we take the quality of our products very seriously. These comments include claims that violate United States Patent and Trademark laws. Thank you.

He thought he could scare me into telling what forums I post on! Since that didn't work, now he wants someone else to tell him where I post my opinion!:evil::evil::evil:

sodfarmkiter - 1-4-2008 at 09:13 PM

Awindofchange says it best... This right here is why this guy bugs me! I just want to preserve the things I enjoy the most!:singing:

Quote:
The worst thing is that you will be purchasing an illegal design from a company that has stolen it from the original manufacturer. What this does is cuts out all of the R&D, marketing, testing, design, layout, printing and other costs and allows the bogus company to sell the kite for much less. First you may think "WOW! I can buy the same kite for pennies" but what you are really doing is saying "I am going to cut out sales from the original manufacturer so that they will not be able to make the kites profitable in the long run". If the original designer cannot make any profit in the kites they design, they will have to shut down and will no longer design kites which means the illegal copy company will not have any kites to copy and we will not have any kites to buy at all. The worst thing is that you will purchase a bogus knock-off that will be a piece of crap kite and that will make you and the others with you think that the original manufacturer kite (that uses the good materials and construction) is also a garbage kite, giving the company that works hard to produce a great product the wrong reputation and also hurting sales in the long run.

AirHunter - 2-4-2008 at 04:10 AM

Gosh, this all sounds so familiar. See, my real job is in the pharmaceutical industry. Seems this Montana copycat guy is the generic companies, and HQ is like the company I work for. I have no problem with generic drugs, per se, but only when a valid patent expires. The frustrating thing lately is many of the legislators trying to increase the speed with which generics become available.

Imagine this scenario: HQ invents a new kite, providing ultimate joy for all kiters. They apply for a patent (at the time of discovery of the new kite technology), which will last 17 years. However, it takes 10 years of research and testing before they can actually sell the kite to us. Now, they have only 7 years left to recoup their costs incurred during the 10 years, as well as try to make a profit to fund other research. Along comes the gov't and says that this kite is so great, that we want there to be more competition to lower the price, so we are going to let anyone who wants make an exact copy of that kite. This is what the current political climate (both sides of the aisle) has brewing. Scary stuff.

Sorry if this is too off topic, but the similarities are many.

SOAPBOX
STEP
STEP
STEP
Now I feel better.

tedsfoils - 2-4-2008 at 08:27 AM

It’s not so much the similarities of the kites; it is more the blatant use of the names from another manufacture to confuse the public and make them think they are real. All foil kites are somewhat similar in design to each other. I could say all foil kites are copies of the original Quadrifoils and Sparless Stunters but they are not (well ok some). I also see a lot of similarity of the Pansh Ace to my Profoil in graphics and construction but they are not copies (maybe same manufacture in China?).
Competition is good and as for patents most can be argued some cannot (Revolution vs. Quadraflex). The fixed bridle multi line foil is not patented. There are some features that have been invented to be used with the fixed bridle foils that should have been patented. Most of the features have been in the public now for some time and is probably too late to be patented.

kullas - 2-4-2008 at 02:02 PM

If its not patented you can do it. I seam to rember the guy who patented the wheelbarrow some 15 20 years ago and now is a very welthy man. everyone had to start paying him to be able to make a wheelbarrow :) shortly after that ya started to see wheelbarrows with 2 wheels up front. think its for added stability :) its to get around the patent

Jason1291 - 3-4-2008 at 06:26 PM

Hi Guys,

I'm just gonna go ahead and buy it if the price is good. Why not anyways. They seem to have a 30 day return policy and 6 month replacement warranty according to their ad so why not get it and return it if it really sucks. Return shipping should only be a few dollars, but if it works out well then it's my gain and my money. I'm not loyal to anyone but my own pocket book. I'll keep in touch.

Jas

archkiter - 3-4-2008 at 06:44 PM

Why not buy an actual HQ Montana instead of a knockoff without a known reputation? I just saw this one on eBay...
http://cgi.ebay.com/Montana-Traction-Power-Kite-Snowkite-9-5...

much better price too...

IMHO I'd never spend so much on a knockoff.... I've found that you suually get what you pay for- but not always!

sodfarmkiter - 3-4-2008 at 07:22 PM

Maybe you should ask him who holds your warranty! say you buy it and there is a small dilema a month or two from now. now you have to what, mail the kite to china to get another one just like it. GOOD LUCK with that. You don't have to loyal, but you get what you pay for. Your right it's your money but before you spend it do a little research. HQ, Ozone, Flexifoil... proven quality! PKD, Pansh... Not bad but still proving themselves, At least you can find out stuff about them(i.e. kite reviews). Your kite Nada, Zip , Nothing. Not one person to back it up but the person selling it! But that warranty just makes it all BETTER!:barf::barf::puzzled:

sodfarmkiter - 3-4-2008 at 07:25 PM

Maybe you should ask him, who holds your warranty! Say you buy it and there is a small dilema a month or two. Now you have to what, mail the kite to china to get another one just like it. GOOD LUCK with that. You don't have to be loyal, but you get what you payed for. Your right it's your money but before you spend it, do a little research. HQ, Ozone, Flexifoil... proven quality! PKD, Pansh... Not bad but still proving themselves, At least you can find out stuff about them(i.e. kite reviews). Your kite Nada, Zip , Nothing. Not one person to back it up but the person selling it! But that warranty just makes it all BETTER!:barf::puzzled::barf:
I can't believe you really think that if you buy it, a week or two later he'll take it back and give you a refund. Cross your fingers and kiss your money goodbye...:singing:

sodfarmkiter - 3-4-2008 at 09:25 PM

You just recently joined the forum I don't mean to harp but first off the montana and the knock off are both depower kites. Pretty complex if you don't have a lot of experience. And if you can't find a good kite on the forum then Pansh makes an affordable kites.:spin: Hate to say it but you sound alot like the guy who's selling the kite!!:ninja:

BeamerBob - 4-4-2008 at 02:59 AM

Sounds an awful lot like there is a connection to the seller. Jason, what kiting experience do you have? What do you want the kite to do for you? Where will you be flying and in what wind conditions? Before you buy this kite, check out the company website for Nova kites, and then read about those competition wins in Europe over the last ten years. Oh, and check out all the reviews over at race kites. Oh, thats right, all that stuff is a scam, since none of it actually exists.

BeamerBob - 4-4-2008 at 03:15 AM

I checked and "Jason" has onlly posted on this thread. "He" has only spoken of how great and legitimate the seller is, asserting the legality of the sellers actions. I really hope HQ goes after these s&^%bags.

Arguing with me is like wrestling with a pig in mud. Sooner or later, you realize the pig is enjoying it!

stevep - 4-4-2008 at 07:29 AM

i say buy the real thing i know i wont support anybody who copys another kite from anyone i just dont think its fair or right i also recieved a letter from them asking to stop asking them the same question how can you copy a kite and sell it ?

sodfarmkiter - 4-4-2008 at 08:36 AM

What do you figure, a couple of days maybe before he starts writing reviews about this kite on other forums! Just thought I'd put it out there cuz I'm sure it's coming.:smilegrin: This forum is all about education, and were probably teaching him a thing or two!:mad:

Lobo - 4-4-2008 at 01:29 PM

You go guys!!! I don't know enough about all this to contribute, but I certainly agree about not "cheaping out" on folks by copying someones hard work and selling it as something legit. :thumbdown::no::thumbdown:

Lobo :singing:

gross213 - 5-4-2008 at 10:25 AM

you can put a warranty on a box of crap, it is still a box of crap! nothing replaces proven quality

sounds about what "Jason" is looking for :flaming:

sodfarmkiter - 6-4-2008 at 08:23 AM

Well the kite didn't sell, AGAIN! And that jason guy has to be the guy selling the kite! because in the new listing there is no longer a message about wanting to find the forum...cuz he's already on it! This guy is so transparent. Oh and i love the box of crap analogy!:thumbup:

tdmc96 - 6-4-2008 at 09:02 AM

Hi guys!:smilegrin:
I have been watching this thread as well and what a load of crap selling a knock-off.
I also noticed this dude has dropped the buyout price down from 850 to 503.39 now.
He must be getting desparate...lol

Cheers
K3

Baluk - 6-4-2008 at 02:38 PM

i hope he invested a lot of money into quite a few knock offs :D

Jason1291 - 23-4-2008 at 12:11 AM

Well guys, the kite arrived today and I have to say it looks pretty impressive. I've got friends who got 9.5 Montana's and Flexifoils and they were pretty impress as well. Not a bad copy job if it is one. They flew it and says it behaves just like the Montana but a little faster according to them. It sure does not look like a cheap Chinese import and I've seen my own share of Chinese crap from eBay. The guys says it is from Europe but I'm pretty sure even European folks get their stuff from China as well. It ain't bad for my first kite and damn saved a lot of money. Hope the warranty is good but that eBay guy better keep his word else I'm gonna go after him for all he's got. I'm not the type to let anyone rip me off. If he does, you'll see me wreck he's eBay reputation.

Jason1291 - 23-4-2008 at 12:24 AM

Sorry guys, but I just realized there was some rude comments about me above, but I'm not the type to judge anyone or anything unless I've seen it myself. I'm not sure where anyone in here's agenda is but again mine is in pocket book.

BeamerBob - 23-4-2008 at 02:26 AM

So, Jason,did you use a bar or handles? What kind of line were you using and where did you get it? That would require that someone know what they are doing to get a knockoff with no instructions set up. Where were you flying and what were the wind conditions? Any pictures of you flying the kite. Or better yet, video?

KYTE SLINGER - 23-4-2008 at 06:09 AM

I smell rodent......

DAKITEZ - 23-4-2008 at 07:14 AM

I smell it also. I thought the kite didn't sell, but Jason bought his :puzzled::puzzled:

tridude - 23-4-2008 at 07:22 AM

thank goodness the Montana 3s are out. Save you $$ and go for one of theses thru coastalwindsports...................sweet kites!

BeamerBob - 23-4-2008 at 08:03 AM

I looked and even though "Jason" bought one on ebay, none of the sales have gone through. They haven't met the reserve. Can you imagine having $5-600 in a knockoff of a kite that is two generations older than the current model? It thrills me that this thread shows up in a Google search when the name of that kite is searched. You know like when people want to read news articles about all those european kite competition wins. What was it? Nova Eclipse? yeah thats the ticket. :lol: As Bugs Bunny would say "What an imbecile. What a maroon"

KYTE SLINGER - 23-4-2008 at 04:00 PM

jason ebay dosn't have any feed back listed for a HQ knock-off sold

nice try Tang Thao

sodfarmkiter - 23-4-2008 at 06:41 PM

Yeah I haven't seen one sell yet either! Unless he makes second chance offers to the highest bidder:ninja: That means he's getting rid of them pretty cheap:lol:

BeamerBob - 24-4-2008 at 02:58 AM

Kite only probably only costs him $50 bucks. $100 at most. Well after all those design costs.:flaming:

tridude - 24-4-2008 at 04:59 AM

Tang Thao, question?

Do you wang chung?

kullas - 24-4-2008 at 11:17 AM

Tonight

gross213 - 25-4-2008 at 07:20 AM

and honestly who buys a 9.5 for a first kite ?:flaming:

KYTE SLINGER - 25-4-2008 at 08:28 AM

Quote:
Originally posted by Jason1291
I'm not the type to let anyone rip me off.




Neither are we!!!!!!!!!

centex_buggier - 25-4-2008 at 04:42 PM

Check out the number of reads on this post. 1250!
I am glad the word is getting out and lots of people are aware of the scam.

USA_Eli_A - 25-4-2008 at 04:48 PM

:thumbdown::moon::thumbdown::moon::thumbdown::moon::thumbdown::moon::thumbdown::moon::thumbdown::moon::thumbdown:
:moon::thumbup::moon::thumbup::moon::thumbup::moon::thumbup::moon::thumbup::moon::thumbup::moon:

thumb assisted that 9.5 might fit!