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    help me

    i dont want to ruin my for sale thread, so heres the story. it all started 4 yrs ago, i purchased a heatshield from elukas, and returned it because it couldn't fit my weapon r filter. now 4 yrs later elukas contacts me saying he's going to sue me because my shield looks similar. my heatshield looks nothing like his, and mine just slides in.my email said "do companies who make fiberglass replica front spoilers get sued? my heat shield is completely different."

    heres his most recent email

    "Start reading some of the BMW forums. Every now and then someone decides to copy a design and produce a "knockoff" or replica of a product...like a front spoiler...things usually don't end well for them. The biggest case I can think of is when ABP tuning stole the AV3 design (E36 M3 front bumper for E30) and started producing replicas in fiberglass. They had to pay out $40,000 in damages. Ask around...this was back in 2001.

    In my case, I've been working with a major aftermarket BMW supplier (you probably have their catalog) for 2 years working out licensing details. We are a few months away from finalizing the details. I have their full support to protect my...soon to be ours (the company and I)...design.

    My product is "licensed" and I have a "poor mans patent" on the design, but no official patent number yet.

    I never liked the fact that you bought my shield, returned it, and then started making metal ones, but my attorney told me that the metal design is too different. However, using the same material and slightly changing the design is not enough to avoid litigation. As I explained above, a major BMW aftermarket parts company and I are working out licensing details. They have 2 full time attorneys on staff that are paid on salary. I assure you that they will want to protect two years of work and will do everything in their power to make your life miserable if you insist on selling copies of my design. You just admitted in your e-mail that you bought my shield, re-engineered it, and are now trying to make plastic ones.

    Some other people used to sell E30 shields on eBay...they no longer do...ever wonder why?

    -Eric"

    i never said i re-engineered his. is he trying to trick me and make me say something?

    Last edited by kamotors; 07-31-2008, 12:21 PM.


    7speedshop.com

    #2
    He's bullshitting. Even if he does sue you, I can't see how he would win. It would be like Burger King suing Taco Bell for making food that consisted of beef and cheese and lettuce.

    S54B32 swap in progress. Status: Getting There

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      #3
      tell him to screw himself. why does he think he "invented" the heatshield? what a dumbass..

      Comment


        #4
        Tell him to go play hide and go fuck himself.

        SILBER COMBAT UNIT DELTA (M-Technic Marshal)
        RTFM:http://www.r3vlimited.com/board/showthread.php?t=56950

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          #5
          rename it from being a heatsheild. and or get a "poor mans patent" of your own and tell him to suck your dogs ass.
          Operation S/C E39M5.:woowoo:

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            #6
            Let him know that if he takes this further and dose in fact sue, That you will counter sue for Damages, lost revenue and lost sales. 1mill is a nice round number. not likely you will get it but why would any one take a chance of going to court and having a judge that is fed up with bull shit cases slap him down with a million dollar counter suite. he goes to court to "try" to get his money but if he looses you "will" get awarded damages. probably not a cool mill but why would he take a chance!

            Also let him know if dose decide to go to court you will subpoena all of his research and all of his e-mails for the last 20 years to make to make sure he never purchased a conforti, or a k&n in his life. and if he did you will ask the court to bring them in to this. sure there REAL attorneys will have some thing to say about this!
            Last edited by m4tt; 07-09-2008, 05:05 AM.

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              #7
              That's fucking bullshit. I don't want to tell you what to do, because I don't know the legal issues behind of this stuff, but if it was me I would have taken the chance and told him to kiss my dick.


              Originally posted by dumbass View Post
              I assure you that they will want to protect two years of work and will do everything in their power to make your life miserable if you insist on selling copies of my design.

              That's professional . And that statement alone is enough to make me think he's blowing smoke up your ass.
              85 325e m60b44 6 speed / 89 535i
              e30 restoration and V8 swap
              24 Hours of Lemons e30 build

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                #8
                You can make all you want for your own use. You can make all you want and give them away. You can't sell them for profit without permission if he has patent protection. Chances are he has no protection.

                1991 325ic and 1991 318is

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                  #9
                  Thanks for posting the template so we can rip it off. Brilliant move there.

                  -Charlie
                  Swing wild, brake later, don't apologize.
                  '89 324d, '76 02, '98 318ti, '03 Z4, '07 MCS, '07 F800s - Bonafide BMW elitist prick.
                  FYYFF

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                    #10
                    hahahahahaha this is the funniest shit ive ever heard.
                    if it were me id ramp it up and start putting his name on your shield just to piss him off.
                    its a fucking bent piece of plastic for god sakes. i bet the e30 lawyers are assembling on the lukus compound as we speak. what a fucking tool. if you have any balls youll start selling them as "the lickus heat shield". thats what id do
                    We can serve you better through Email

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                    www.blunttech.com


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                      #11
                      What I don't get is how someone can waste 2 years developing and engineeing an f-in piece of plastic with some cuts in it. COME ON, I could make that damn thing in an afternoon.

                      Now...a manufacturing process would take longer, but still - TWO YEARS?!

                      Lame. Heatshields are gay, stock box ftw.

                      Sounds like he's just butthurt you returned yours, cause he loves charging $12372319 for a piece of plastic.
                      - Sean Hayes

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                        #12
                        Wow best thread of my morning.

                        Beat his ass to the patent office and fuck him over, you'll find out how butthurt he really is.

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                          #13
                          You ARE so SCREWED !!!

                          If I were you I would grab all of the ones you have and run outside and set them on fire and destroy the evidence ASAP...





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                            #14
                            Originally posted by kamotors
                            i returned 3 or 4 yrs ago, and now he says something.
                            Did it take you 4 years to redesign his 2 year design? If so, that's 6 years of heat shield R&D, and that thing better make 100whp.
                            85 325e m60b44 6 speed / 89 535i
                            e30 restoration and V8 swap
                            24 Hours of Lemons e30 build

                            Comment


                              #15
                              I know, I was just messing with ya.
                              85 325e m60b44 6 speed / 89 535i
                              e30 restoration and V8 swap
                              24 Hours of Lemons e30 build

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