EITech Clone legal issues...

Discussion in 'Optics & Mounts' started by revrentzero, Mar 5, 2013.

  1. revrentzero

    revrentzero New Member

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    I bought a eotech 552 and 551 clone sights off eBay and I've decided to just get an authentic one so I went to sell the clones again on eBay. Turns out L3 Communications (eotech) made eBay remove my listings and I got this email.
    .this came from a law office btw!!
    It is EOTech's current intention to avoid legal action and resolve this matter amicably. Accordingly, EOTech requests that you provide us with your written assurance that you will immediately:
    1. cease and desist any and all unauthorized use of EOTech’s Trademarks and EOTech’s Trade Dress (collectively “EOTech’s Intellectual Property”);
    2. agree to refrain from further unauthorized use of EOTech’s Intellectual Property;
    3. cease and desist any and all use of the term “holographic” in connection with the sale or promotion for sale of non-holographic gun sights;
    4. turn over to EOTech’s counsel for destruction, all unauthorized products and packaging bearing EOTech’s Intellectual Property;
    5. provide a comprehensive list of all of your sources for your products featuring EOTech’s Intellectual Property; and
    6. provide an accounting of the number of units sold and revenue received for all of your unauthorized products featuring EOTech’s Intellectual Property.
    And the title is misspelled sorry!
     
  2. revrentzero

    revrentzero New Member

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    They also sent me 18 pages of patents and copyright material.
     

  3. DRBogart

    DRBogart New Member

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    That sucks man. Sorry to hear.
     
  4. Hoffs333

    Hoffs333 New Member

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    I have one of those sights... I got it NIB in trade for a couple if minutes of work... as far as eBay goes just toss it on Craigslist instead...or change the titles to something other than Eotech or holographic. But either way that had to be a big WTF moment in your inbox
     
  5. JTJ

    JTJ Well-Known Member Supporter

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    Unfortunately a lot of people were selling the clones as real. They even copied the trade marks.
     
  6. revrentzero

    revrentzero New Member

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    The only problem is they want me to send them the sights so they can destroy them.... Maybe I'll just say my truck was broken into and they were stolen.
     
  7. Hoffs333

    Hoffs333 New Member

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    Does yours say Eotech on it?
     
  8. revrentzero

    revrentzero New Member

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    No it does not, it just has the laser warning.
     
  9. Hoffs333

    Hoffs333 New Member

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    I would play dumb... I don't think they can do anything to you. It doesn't say Eotech, you didn't make it...and you bought it off eBay. Just play dumb. All they have is your email address. You didn't do anything wrong. Did you list it as a genuine Eotech? I would respond to them that you bought yours thinking it was the real thing...show them the transaction number and give them the sellers info. Then tell them you bought a genuine one and wanted to get rid of the clone. Tell them you lost it or hell send them the fake one on the condition that you are free and clear...
     
  10. revrentzero

    revrentzero New Member

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    I'll figure something out, if I send anything it will be a box of rocks... Thanks hoff
     
  11. Devin556

    Devin556 New Member

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    I wouldn't give it to them unless they refunded the money I paid for them. That's bull crap. It doesn't say eotech anywhere on it so they have no right to do that to you. If they did why are there still hundreds of the knock offs on eBay?
     
  12. c3shooter

    c3shooter Administrator Staff Member

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    Chill. Company is defending its brand name.

    1. I cannot call something a Colt, Ford, or EOTech unless that is the brand name.

    2. There IS counterfeit merchandise illegally imported into the US. If it MARKED EOTECH but not made by them, they want it off the market. US Customs seizes this stuff by the SHIPLOAD (I was there when they raided the Mile High Flea Market near Denver. They took 3 semis of counterfeit stuff.)

    If yours is not marked EOTECH, do not call it that, you should be good. If you get any more from the lawyers, brief note from you, apologize, state yours does not bear EOTECH name, honest error on your part.


    IF a company FAILS to defend their brand when it is misused, the brand moves to the public domain, anyone can use it. Cellophane and Band-Aid are 2 that were not defended, and anybody can make a bandage w/ tape and guaze, and sell it as a bandaid (notice the lower case b?) They are trying to defend what they own- the brand name.
     
  13. revrentzero

    revrentzero New Member

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    They said that the fact that I put the word "holographic" and "eotech style" is why there doing all of this in the first place.
     
  14. HOSSFLY

    HOSSFLY New Member

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    That word "style" is the most used word on ebay---
    Sounds like you got singled out---
     
  15. mountainman13

    mountainman13 New Member

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    Any way you can post the patents etc online? Those would be very interesting to see. Lol
     
  16. revrentzero

    revrentzero New Member

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    image-4231187203.jpg



    image-471246431.jpg



    image-2741414927.jpg



    image-1989492531.jpg

    It might be a little hard to read, sorry if it is.
     
  17. mountainman13

    mountainman13 New Member

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    Ah. They are making the claim based on the shape. Very interesting.
     
  18. revrentzero

    revrentzero New Member

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    Yea they call it there "trade dress" the shape cannot even be copied although there all over the Internet!
     
  19. purehavoc

    purehavoc New Member

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    Dont worry about it . I have had this happen with other stuff , patents sent and all that garbage. just pull the auction and sell it else where .