Invicta Sued for patent infringment - Court Documents on Portal for viewing

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koimaster
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Invicta Sued for patent infringment - Court Documents on Portal for viewing

Post by koimaster » April 12th 2010, 11:10am

Thanks to K-2112 for bring this to our attention. It seems that the yellow dive box which Invicta has been bragging about was as K-2112 put it, was a "homage" to the original company. Judge for yourselves. a Portion of the claims are below with copies of the filings below that. Invicta reminds me of that Brittany Spears song.... OOPs! I did it again!

INVICTA’S ACTS OF INFRINGEMENT


19. On June 3, 2009, Invicta’s C.E.O., Eyal Lalo (“Lalo”), e-mailed Plasticase
requesting that Plasticase provide a quote and samples for storage cases in two (2) sizes suitable
for storage of 4 and 12 watches respectively. In subsequent discussions with Invicta, Lalo
provided further specifications for the requested cases.


20. On June 12, 2009, Plasticase provided Invicta with a price quote for the
manufacture of customized NANUKTM model 905 and 915 cases meeting Invicta’s requested
specifications.


21. On June 15, 16 and 30, 2009, Plasticase mailed sample cases to Invicta meeting
the requested specifications. Except for the printing of Invicta’s logo on the lid of the sample
cases, and custom foam inserts inside the cases, the sample cases were identical to NANUKTM
model 905 and 915 cases sold commercially by Plasticase.
Case 0:10-cv-60524-WJZ Document 1 Entered on FLSD Docket 04/06/2010 Page 4 of 10
LOTT & FRIEDLAND, P.A. • 355 Alhambra Circle • Suite 1100 • Coral Gables, Florida 33134
(305) 448-7089 • (305) 446-6191 Fax
5

22. Plasticase received no further communications from Invicta in connection with
the price quotation or sample cases and assumed that Invicta had decided not to order its cases.

23. On or about January 27, 2010, Plasticase received a communication from one of
its United States clients expressing congratulations after having seen two of Plasticase’s cases
being offered for sale by Invicta through the ShopNBC television shopping channel and
ShopNBC’s website found at <www.shopnbc.com>.

24. Upon receipt of this communication, Plasticase verified that Invicta was offering
for sale cases identical to Plasticase’s NANUKTM models 905 and 915 through ShopNBC’s
television channel and internet website. True and correct copies of pages from ShopNBC’s
website offering for sale NANUKTM models 905 and 915 cases are attached as Exhibit “D”
hereto.

25. Plasticase has since also confirmed that Invicta has advertised for sale, in its own
catalogs cases identical to Plasticase’s NANUKTM models 905 and 915. True and correct copies
of pages from Invicta’s catalog offering for sale cases identical to Plasticase’s NANUKTM
models 905 and 915 are attached as Exhibit “E” hereto.

26. On January 27 and February 1, 2010, Plasticase contacted Lalo to inquire whether
an order for NANUKTM cases would be forthcoming from Invicta.

27. On February 2, 2010, Lalo e-mailed Plasticase to advise that Invicta would be
“passing on the opportunity.”


28. On information and belief, shortly after receiving the sample cases fromPlasticase in June 2009, Invicta forwarded the sample cases to a manufacturer in China and requested that knock-off copies of the sample cases be manufactured for Invicta.

29. Invicta has caused the Chinese manufacturer to produce tens of thousands of the
knock-off cases.

30. Invicta imported, or caused to be imported on its behalf and for its benefit, tens of
thousands of the knock-off cases into the United States.

31. Invicta has offered for sale and sold the knock-off cases throughout the United
States, including within this District.

32. On information and belief, Invicta has sold the knock-off cases throughout the
United States with actual knowledge that they would be re-sold to consumers in the United
States.




Last edited by Anonymous on March 29th 2012, 7:59am, edited 8 times in total.
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Re: Invicta Sued for patent infringment - Court Documents on Portal for viewing

Post by koimaster » April 12th 2010, 11:24am

boscoe wrote:But don't post fake watches on Geeks!
LOL!



You mean like a certain Doc........
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Re: Invicta Sued for patent infringment - Court Documents on Portal for viewing

Post by Ditchdoc » April 12th 2010, 5:45pm

I've always wondered how Invicta has gotten away with such blatant copies. Okay, I understand the Rolex Submariner is an old design but it's the closest copy I've seen out there that doesn't say Rolex on the dial.

What about the outright copy of the Citizen Nighthawk? I mean really, there's homage and then there's plain copying.

How has Invicta avoided litigation before now?
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Re: Invicta Sued for patent infringment - Court Documents on Portal for viewing

Post by koimaster » April 12th 2010, 6:24pm

Ditchdoc wrote:I've always wondered how Invicta has gotten away with such blatant copies. Okay, I understand the Rolex Submariner is an old design but it's the closest copy I've seen out there that doesn't say Rolex on the dial.

What about the outright copy of the Citizen Nighthawk? I mean really, there's homage and then there's plain copying.

How has Invicta avoided litigation before now?



Many patents are on the design of something like a watch. If you make some changes it can look like the original and you MAY be able to get away with it. In this case, it is obvious to me that this will not be the case.
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Re: Invicta Sued for patent infringment - Court Documents on Portal for viewing

Post by boscoe » April 13th 2010, 11:25am

foghorn wrote:Plasticase has no reason to sue Invicta.
Eyal and Invicta should be suing Plasticase for using the color "yellow" which I am fairly sure was invented by Eyals family.


You are correct as usual, Mr. Foghorn. I have it on VERY good authority that Eyal's grandmother had YELLOW urine.
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Invicta Court Documents on Portal for viewing

Post by koimaster » April 22nd 2010, 8:53pm

Since there has been so much interest by so many parties in these documents, I have chosen to place them on the portal for viewing. Not only are the documents for the current case which involves the plastic watch case posted, but I have added documents from other cases. Several were settled out of court but the pleadings are there.

In fairness to Invicta, I have also posted cases where they were the Plaintiff or the party suing others. Jim Skelton used these documents as part of an excuse to ban someone at Watchgeeks who posted a link to these at Scribd.

The comment by Jim Skelton and the banned member are below. I am not going to comment either way regardless of my personal opinion on the matter except for one item which needs to be responded to. Skelton, this is NOT a watchgeek hating site. I cannot stomach you and who you are and you know why.

Geeks are always welcome here as are members of any watch forum. People who are not watch collectors are welcome here. The geek hater issue is something you started with BDWF in 2008. You carried it over to XMT and here. You and only you coined the term Fuzzy Bunnies in describing your own forum members and you know I can prove it. Perhaps it is you who hate geeks.

Guest and members are free to view these records and make up your own minds. Do not allow me nor anyone else to influence what you think. You are adults and you will be treated as such.



from Jim Skelton to his members.

"It's a shame that Sean could not stop badgering certain folks and certain brands. Then when warned to stop posting links to WG-hating forums and content, he continued. Also a shame that he could not hold his temper in PMs.

But as many of us know, Sean has been banned from numerous watch forums over the last year or two... so I suppose it was only a matter of time. Shame really... he had his moments, as demonstrated here."



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Subject: Re: another banning Yesterday at 8:37 pm

--------------------------------------------------------------------------------

Heres the link that got me banned.

http://www.scribd.com/doc/29810240/Invicta-Watch-Group-Sued-for-Patent-infringement-for-the-Dive-watch-container-being-sold-at-shopnbc

register.they only require your email address.then download the pdf.
Its an eye opener.Eyal lalo got caught red handed stealing.pure evidence and facts.This is one time he can't get out of it.
Somebody asked a question about why they cancelled his watch case.Another members said it might be because of the suit.

alls I did was post the link since its all over the net anyways.While there,I gave watches and straps away,did my part in supplying the correct info and gave them brand histories and other things that WG forums lacked.

But this is what they do every day since that forum went private.The owners started that forum to get away from the very thing they became.I'm no angel,but these guys are truely ignorant.
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With the lilt of Irish laughter

Every day and in every way

Now forever and ever after."
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Re: Invicta Sued for patent infringment - Court Documents on Portal for viewing

Post by timex » February 22nd 2013, 5:03am

I do Manufacturing, so I draw on Parallels, here.
I used to manufacture a couple of product line's being hawked by Joy Mangano, on HSN.
Dealing with supplying Home Shopping Club, is similar to ShopNBC, which I have dealt with, but not on the Scale of Joy's demands.
It is from that FIRST HAND-EXPERIENCE, I draw certain conclusions from, Connecting Dots.

MERRIAM-WEBSTER: Definition of LICENSE
1
a : permission to act
b : freedom of action
2
a : a permission granted by competent authority to engage in a business or occupation or in an activity otherwise unlawful
b : a document, plate, or tag evidencing a license granted
c : a grant by the holder of a copyright or patent to another of any of the rights embodied in the copyright or patent short of an assignment of all rights


Invicta is no longer licensed by Swatch/ETA as a customer for ebauche automatic movements of any kind and hasn't been for some time now.

ETA produced Valjoux movements, are virtually all used in Swatch owned brands like Swatch, Hamilton, Tissot, and Omega.

So unless LICENSED, Invicta and any other un-licensed, non- Swatch affiliated company, can not claim to be using [font=Arial Black]Elaborated[/font] Valjoux movements from ETA.

Oh then there is this little matter…….

Image

Settled out of Court. At one time Invicta was Licensed by ETA. ($$$$$$$$$$$$$$$$$$$$)

I'm guessing on the next part:

Invicta: Hey lets $top paying for for license, but still use all rights provided by it, on all the movements we have in $tock.
ETA- Hey knock that off, or we'll $ue you.
Invicta: But I bought all these ebauches from you when I had the license, there stock.
ETA: Ok, the stock can be ETA-7750, Elaborated Valjoux movements.
ETA: After that, no more, OK!

DRUM ROLL PLEASE...................wait for it.................TA - DA !!!!!!

Invicta: PROUDLY PRESENTING OUR NEW ELABORE-7750 Valjoux Movement!!!
(ELABORE - phonetically is ELABORAY) Translated: Pump Sunshine up the butt.

The "Elaboray" designation recently used by several of the Invicta reps is a marketing phrase.
Eta produces several grades of the Valjoux movements, but does not call them by that term.

The new $7500. Gold Watch, coming this Sunday, will have the highly coveted ELABORAY-7750, protected by the FLAME FUSION CRYSTAL.
Image

ETA & ELABORATED:The specifics of Licensing, Registered Trademark, Copyright, Patent, and how they are applied and used by the Swatch Group, is something, I do not even begin, too pretend to have any intimate knowledge of.

7750 & VALJOUX: Their use has passed on and into, FREE DOMAIN, and can be used with out any Restrictions, Limits or Liabilities.

But based on MY EXPERIENCE, in these areas I can ASSume.

As Invicta would say, Have an Elabore Grade, day!



Respectfully, Tim

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Re: Invicta Sued for patent infringment - Court Documents on Portal for viewing

Post by koimaster » September 10th 2019, 10:58am

Image

1946-2006

“Your heart was warm and happy

With the lilt of Irish laughter

Every day and in every way

Now forever and ever after."
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