Knock Offs and what I am doing about it.......Part II

Here we go indeed.

If there is a tape recording of that "heat of my wrath" (god love it) business Mr Turber, I think you are facing a great deal of difficulty.

Anyway he's made his bed etc. Let's see.

As for the rest:

Given what has occurred, why would you consider Mr Bryan putting the Complaint here bizarre? These are public documents, available for inspection. Also, posting here is consistent with the content of the Complaint. Meaning that this site is specifically referred to, so defending his client's reputation here is hardly unreasonable. He can now later demonstrate that he took steps to mitigate damage/loss, which will go down well with a judge.

On the basis of posts here to this point, para 9 could prove interesting down the road, yes. But the latter part of para 8 - still a bit of an unresolved question, wouldn't you say?

Spark some free advice - do what you like with it. I am aware it would run contrary to your normal practice, but I think you should give serious consideration to locking the thread off at this point.
 
Spark some free advice - do what you like with it. I am aware it would run contrary to your normal practice, but I think you should give serious consideration to locking the thread off at this point.

WHY?? The outcome of this thread if followed to its conclusion could be very interesting and have a bearing on the knife community as a whole.
 
I actually need to contact the attorneys in question and find out their wishes. Mike's clearly expressed that he'd like this handled publicly, but if the attorneys feel it should be handled in private, I'm more than willing to lock any further discussion.

Given that they have also posted a public response, I honestly don't know what they want - but I don't want anyone to think that they need a gag order to stop things. We're semper gumby. :D
 
Think about it. He is now well and truly on notice. Who do you think the "publisher" is?

Now he may not be at risk, but you couldn't be sure now could you?

Best stay clear until the outcome is known. Then we can all draw our own conclusions.

Unless, of course, some understanding is reached. With Mr Bryan in particular, I'd say.
 
Originally posted by Spark
I actually need to contact the attorneys in question and find out their wishes. Mike's clearly expressed that he'd like this handled publicly, but if the attorneys feel it should be handled in private, I'm more than willing to lock any further discussion.

Given that they have also posted a public response, I honestly don't know what they want - but I don't want anyone to think that they need a gag order to stop things. We're semper gumby. :D

Good idea, yes.
 
Joy Enterprises lawyer came here to post there court paperwork, But I would really like Joy Enterprises themselves to come here and give there side of the story. I mean according to the paperwork pasted above, they have a great reputation in the knife community, so I am sure they wouldn't mind posting there thoughts on this here.:)
 
according to the paperwork pasted above, they have a great reputation in the knife community

Yeah, after all we all have Fury knives that we got after seeing one of those great HSN shows.;)
 
I'm still unclear...

Doesn't Joy just DISTRIBUTE the knives? They're not the actual manufacturer are they? If that's the case then doesn't PROOF have to be supplied to make the manufacturer cease it's practices? And I still haven't seen any patent numbers on anyones knives...
 
ahhh good ol' capitalism at its best, or worst. however you see it.
personally, i feel that too much has been said by the Turber party for this to be resolved in any beneficial way in regards to Mike and his buisiness. I do support him however because I wish to recieve a cheetah when this is all over:p
I dont think it wise to insult your enemy until after it is determined who will be victorious. :footinmou
good luck:)
 
Originally posted by Anthony Lombardo
No patent, No trademark, no case.
You intellectual property is only worth the time, effort and $$ you put into protecting it prior to selling it.

At last the gist of the "you stole my design" argument.
 
Well, I still think Mike handled the situation all wrong and i think he's going to burn for it (not in the literal sense). Unfortunately, and correct me if i'm wrong, verbal threats are considered "assault"...?

And if I can throw this out, IF you wanted a picture of the Mona Lisa would you buy a copy or the original? I'll assume a copy, because it's affordable.

Oh and before I forget, someone asked me earlier (or said) I was a "big name" in the knife world. He misread my post, i'm an artist, I may have 10,000 origianl designs (knives) but they're NOT in the market, that's not what i'm about, I don't much like designing for a living. I just enjoy drawing them in my spare time. While I have ten billion ideas and not 100% sure on the actual function of the piece...again, i'm not a designer :-(
 
Originally posted by switched
......"There's plenty of precedent for a villain being the one to clean up an industry. Joseph Kennedy springs immediately to mind."

[/B]

Joseph Kennedy . Oh, yes(stifles snort with hand). Certainly my patron saint of good guys.

Thanks for this pearl of wisdom from an Australian lawyer, or what?

But, yes Mike, you really should get a lawyer. No matter how confident you are, simply reading your response to the attorney of the opposition brings to mind the old saw concerning a lawyer representing him/her self. A man's gotta know his limitations.

C'mon guys. Lighten up. You'd think this was the Crusades (another ill conceived enterprise undertaken with zeal and enthusiasm, although, admittedly, The swords were cool ).
 
Well this is going to be more entertaining than even I could have possibly imagined. I guess I would really need to contact my attorney and rally some defense really fast but the facts of the case will play out. Also keep in mind that the very letter posted above by the attorney is in fact defaming me, right?

So I guess what needs to be found is the truth and if Mr. Tan can show he is in fact the originator of the designs in question then I will be absolutely floored.

Here are some FACTS.
  • I never made any sexual gestures to anyone at the Joy booth, ever. I am really interested in finding out what he is referring to.
  • I in fact did take pictures of her booth and I in fact broke a policy of the show. Big deal but I knew I would need the evidence and I did what was necessary to obtain it. Not to mention I have a press pass :) The Show security did come by and I was asked to not do it again. When I explained what she had done they said they could see why I did what I did. They did not ask me to destroy the images in any way. In fact I was told otherwise.
  • Alex Shelton did in fact come out from behind her booth demanding I give her my camera and she pushed me. Although in reality I was never really in fear of her following through with an attack she did in fact commit Assault and battery and this was witnessed by many people.

Let's break down pending lawsuit above.

9. Prior to the incidents and libelous statements set forth in this complaint, all of the Plaintiffs had excellent reputations and enjoyed the respect of other owners of businesses in the knife community, and further enjoyed excellent reputations and the respect of customers in the knife industry, as well as, the Plaintiffs’ associates in the community at large.

Now this statement is quite hilarious. I realize I am in no way perfect and have had my fair share of problems over the years but I seriously doubt that Alex Shelton or Bob Shelton can walk over to any booth at the Shot Show and shake the hands of the owner. Maybe I should get statements from the knife industry and compare who has and has had a more favorable impact on the knife industry as a whole, Me or Joy Cutlery. Kinda like who was the lessor evil in some of your minds huh? LOL :D

I would hope that those who I have called my friend over the years can stand up at this point and create a statement that I can use here. Sal, Les, David, Jim, Lynn, Jerry and others who know me, I would hope that this is the opportunity we have been looking for to set some sort of precedent that knock offs are no longer welcome. I would love to see just who Joy can claim as her associates in the knife industry who respect her. Mr. Bryan can you list ANY? I doubt it. And if you do I doubt anyone here will know them.

10. Joy Enterprises became involved in the knife industry in approximately 1960. A major aspect of Joy Enterprises’ business marketing takes place at trade shows in various places throughout the United States. Over the many years Joy Enterprises has been involved in the knife industry, and as the result of the experience gained in that industry, Joy Enterprises, Alex Shelton and Steven B.Shelton, prior to the acts, conduct and statements of the Defendants, had earned and obtained a good opinion of all of the Plaintiffs’ associates, customers and others to whom the Plaintiffs where known.
I will admit that many years ago Joy did have a decent reputation. The difference between her and me is simply that I started by selling knock offs and learned from that mistake and moved on to selling legitimate products. She has done just the reverse and is now selling primarily knock offs. And yes Mr. Bryan they are knock offs regardless of what you call them. Everyone on this web site can see that CLEARLY now using the images I took at the Show. Even Provantus has decided to stop selling them and is liquidating their entire inventory of them. Why? Because I asked them to. Don't believe me? Come to the Vegas Show and see for yourself. Once gone you will never see another knock off at Provantus. Unless of course you think that we are knocking off Mr. Tan's designs? If they are in fact his designs then WHY ARE YOU NOT GOING AFTER ME FOR THAT REASON MR. BRYAN??? I will tell you why, because yo in know way can prove Mr. Tan made all those designs. Simple as that.

11. On or about February 15, 2003, Joy Enterprises was at a knife industry trade show known as the “Shot” Show in Orlando, Florida and was represented there by the Plaintiff Alex Shelton and a female marketing director. At the “Shot” show, Michael Turber and an associate who is allegedly involved with Defendant Boss Knives and/or Defendant WOW Inc. threatened and insulted Plaintiff Alex Shelton and the other female employee of Joy Enterprises and made improper sexually harassing comments and gestures. At the Shot show, Defendant Michael Turber and the other representative of Defendant Boss Knives and Defendant WOW Inc. wrongfully and improperly stated that Joy Enterprises violated U.S. laws by selling knives which were “knock offs”.
Specifically, Defendant Michael Turber and/or Alton James as a representative of Defendant Boss Knives and/or Defendant WOW Inc. incorrectly asserted that Joy Enterprises had improperly copied the design of the Defendants’ knife model #21688. This statement was false at the time it was made.

I in no way made any sexual gesture or harassing remark. That is a LIE, a bold faced LIE. Neither did AJ. For you to imply that I did is paramount to libel in itself and make no mistake, I will defend myself in that regard and you have NO proof to the contrary, none, nada, zip as it never occured.

Joy does sell knock offs Mr. Bryan and that is a FACT, PERIOD and YES I can PROVE that in court! Heck I have already proven that here! Just read this very post. Do you think BladeForums members are idiots or something? Just a bunch of red neck knife nerds? If so you are sadly mistaken as these people are some of the best people on earth. You may want to rethink your position here as I stand behind that statement 100% and I doubt anyone on this forum or anyone in the knife industry will testify differently. I understand you are her lawyer and that you may not know anything about this industry but if you believe that your client does not sell knock offs then you are sadly mistaken. It WILL be an embarrassing moment in court for you, that I GUARANTEE.

12. On February 20, 2003, at 12:35 a.m., the Defendant Michael Turber individually and on behalf of BOSS KNIVES and WOW, Inc. called the Plaintiffs and left a threatening message advising the Plaintiffs that they were going to “start feeling the wrath of the heat from my wrath” and making other threatening statements. In the same message, Defendant Turber threatened the Plaintiffs with harassment and with defamation and slander unless the Plaintiffs “...get rid of your inventory”, which constitutes extortion under the Florida Criminal Laws.

I still stand behind the jest of the message and that was that she needs to get rid of the inventory. Or maybe we can come to some sort of agreement in that she is to pay royalties to the ACTUAL designers and not this mystery Mr. Tan. If she is willing to do this then maybe we can come to an agreement. Pursue this law suit and I will do what ever is in my power to protect myself and I do have the right to express things I know as FACT and that would not be libel or slander Mr. Bryan. I did not, and do not, view it as extortion as I would not benefit from her disposing of her inventory. I did not say give me $25,000 or I will make life hell for you. That would be extortion in my eye and would be closer to the intent of the law you claim I broke. I in no way would receive any compensation for her getting rid of her inventory. I just wanted her to know that I want the designers taken care of as the designs are theirs and they should be compensated for their work. Simple as that. Now if she agrees to pay royalties and to drop this law suit then I agree not to file charges against her for things she knows she did at the show and previous shows in which she physically attacked me, once by throwing a book at me and the next by shoving me at the Shot Show. Sounds fair to me. I think physical battery with witnesses out weighs any lame hard to prove BS you have.

Now Mr. Bryan, I find it amusing that you have the audacity to actually post here. You may not be aware of this but I created this web site and I have always had the policy of allowing freedom of speech. Although I no longer own this site I know Spark is keeping the same basic principals in place that make this site so special. I would also like to express to you something you may not have thought of. Should you lose your case and I prove that you and your client are in fact liars and that Mr. Tan did not design those knives in question isn't it true that I can sue you, your law firm, your client and Joy for libel? Think about it. One of us is lying, right? Now that you have come here and posted the above are you not doing what you claim I am doing? Think about it. Are you so positive that your client is in the right that you will back up each and every statement made above? I am a member here and I can post things that I witness in the knife industry. I do this all the time. Heck I even wrote and article on knock offs the magazine here.

Click here Mr. Bryan - Maybe you will learn something that you think I don't already know.

You may be acting on the advise of your client but you posted a law suit here which is not yet a public document and that may not be legal either. I could be wrong but your intent is clear and that is to damage me adn my reputation. Good luck as I do enough damge to my own reputation, I don't need any help from you! :D

And do you actually think that there are only 213 members here? Do you think the people here actually believe that your client does not sell knock offs? Sorry Mr. Bryan but your client in FACT sells knock offs. Heck I did at one point, have the balls to admit it and did the right thing and stopped. I have many still sitting in my garage that I could personally bring to the Blade Show and BURN THEM IN A BON FIRE LIVE if given permission to do so. They just sit there, collecting dust anyway but I will decide what to do with them. I was wrong in my past for selling them. I truly did not know what I was doing. The difference here is your client knows fully well what she is doing and when told about it she decided to attack me? Funny how perception is one sided but keep in mind I have witnesses who are NOT employed by me who WILL show up in court and testify about what they ACTUALLY saw with their own eyes. Ask your client if she came from behind her booth and assaulted me at the Shot Show. All I did was take a picture Mr. Bryan, what do you think the jury will think? Hummm Mr. Turber takes a picture of someone selling knock offs of his company's designs and she then attacks him physically, TWICE!

Drop the law suit now before this gets really embarrassing. Is that extortion too Mr. Bryan? Should I post her ENTIRE catalog here on BladeForums? That is in my right to do so and I am sure she will get an earful if I do. Heck you should see all the BS I get when people see my old catalogs. I still hear it to this day. Kinda like the pot calling the kettle black when I go after someone selling knock offs of my designs. But I am trying to do the right thing. It is an uphill battle but slowly and surely it is being won.

This is truly interesting, indeed!
 
Perhaps US Customs should view the the full inventory of this company. Are there no illegal counterfeit copies of any US product that is properly protected by patent? ;)
 
Oh ya Mr. Bryan I see your client claims they sell no knock offs. Well can they explain this?

http://204.106.14.101 points to www.forcutlery.com
http://204.106.14.102 points to www.joyenterprises.com

Funny huh?

OK Guys go to the first link and tell me how many knock offs you can spot.

Oh never mind, Mr. Tan desinged all of those knives too! :rolleyes:

Here is the whois....... For both.........
Domain Name: FORCUTLERY.COM
Registrar: NETWORK SOLUTIONS, INC.
Whois Server: whois.networksolutions.com
Referral URL: http://www.networksolutions.com
Name Server: NS.FLIPS.NET
Name Server: NS2.FLIPS.NET
Status: ACTIVE
Updated Date: 05-nov-2001
Creation Date: 18-nov-1999
Expiration Date: 18-nov-2003

Domain Name: JOYENTERPRISES.COM
Registrar: NETWORK SOLUTIONS, INC.
Whois Server: whois.networksolutions.com
Referral URL: http://www.networksolutions.com
Name Server: NS.FLIPS.NET
Name Server: NS2.FLIPS.NET
Status: ACTIVE
Updated Date: 05-nov-2001
Creation Date: 16-oct-1997
Expiration Date: 15-oct-2010

Things that make ya go hummmmm........

Also on a side note, Novemeber 18th is my birthday :D

Mr. Bryan I am sure that in just a few minutes the members here will begin pointing out the many knock offs on the site. Your case has no merit. Again I make you this offer. Drop your case, advise your client to do the right thing and let's get beyond this. I have every right to defend myself and if it means resorting to embarassing tactics then so be it. I have never spent one moment in court or jail but I am fully prepared to take this as far as you want to go. It can all end right here, right now.
 
BTW,

Many of you witenssed what I did to Master Cutlery. Victor Lee has already done the right thing and we have reached an agreement. Master Cutlery is doing the right thing, I wonder if Joy will?

I will be meeting with Master Cutlery this weekend in Las Vegas to finalize the agreement. I will be happy to meet with Joy as well shoud she chose to do the right thing.

Mr. Bryan would you like to meet me in Las Vegas? I will buy you a drink and you will find out I am really not such a bad guy. Just a guy with a cause and a whole lot of support and a TON of supporting evidence. Are you really sure you want to proceed with this case?

I hope your client has endless resources if so!
 
Simply amazing, really.

Whatever the 'truth' might be (and bear in mind that can be quite different from what can be accepted in evidence), I'd like to see the look on the face of the attorney Mr Turber engages, assuming by some miracle this occurs at some point, when he/she gets a look at this thread.

Spark I do hope you've covered yourself there. If not I'd lock it off until you have, if I were you. No point commenting any further.
 
Just looked at one page of the first site, and counted at least 25 knockoffs. Kit, bad news, they're knocking off the M16/18 ( sorry dont remember the models as well as I should ). I doubt if they're paying royalties to Boker, Bogousewski, Kit, or any of the other names I cant quite think of. If they are in fact paying royalties, then my bad :rolleyes: . -- Charles

PS, any of y'all who know me, knows how I feel about these cheap POS's; which knockoffs or not I would'nt give one of these to my worst enemy as they are simply not safe.

Edited to say: Richard, sorry didnt read your post first, Re: links
 
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