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Wingnut Wings Lancaster to be released by Border Model


LSP_Kevin

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On 11/2/2021 at 11:39 PM, Dave Williams said:


I do, but haven’t gotten any notification from them.

 

However, looking at my order, now it has this note:

 

DISCONTINUE ITEM, PROCUREMENT STILL GO ON, SUGGEST TO EXCHANGE WITH OTHER ITEM

 


LuckyModel order status now back to PRE ORDER ITEM, RELEASE UPON ARRIVAL.  

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1 hour ago, Dennis7423 said:

My guess is Border is balking at the lawsuit, and pressing on. Get 'em while you can!

 

- Dennis S.

   Thornton, CO USA


I haven’t heard there is any actual lawsuit, just lawyer letters, which are meaningless.  Until a suit is filed and a judge halts sale or distribution, it seems Border is going to do what it wants to do.

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1 hour ago, Dave Williams said:


I haven’t heard there is any actual lawsuit, just lawyer letters, which are meaningless.  Until a suit is filed and a judge halts sale or distribution, it seems Border is going to do what it wants to do.

There can’t be no lawsuit at this stage because the models are not released yet and WW has to provide to a court evidence that their IP is being infringed. No court will stop sales on a mere allegation alone without evidence. That can’t be done until the kits and instructions are in the public domain. If there is any IP theft it would be most obvious in the instructions where details can be compared for infringements. Border have been careful to note that they had no WW documentation, plans, drawings or instructions when they obtained the molds and reversed engineered anything that could be IP related. It would be hard to prove that the IP infringement exists in the actual plastic parts as the molds and any imbedded IP had been abandoned by WW it appears and forfeited to the manufacturer. At this stage it’s just a bluff to scare off distributors and sellers. These are not the type of businesses that can afford the threat of expensive court cases. Whilst IP laws have been tightened up considerably in China, I imagine WW will have a hard time convincing their courts since they haven’t been allegedly paying their bills and acting in good faith. Border have indicated that their initial run is nearly sold out. I doubt any court can apply retrospective judgement on a distributor for buying and selling the kits in good faith before anything is proven. The judgement will be on the kit manufacturer if IP laws have been breached and that has to be in China. This is my opinion anyway.

 

Edited by frothingillbellows
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6 hours ago, frothingillbellows said:

There can’t be no lawsuit at this stage because the models are not released yet and WW has to provide to a court evidence that their IP is being infringed. No court will stop sales on a mere allegation alone without evidence. That can’t be done until the kits and instructions are in the public domain. If there is any IP theft it would be most obvious in the instructions where details can be compared for infringements. Border have been careful to note that they had no WW documentation, plans, drawings or instructions when they obtained the molds and reversed engineered anything that could be IP related. It would be hard to prove that the IP infringement exists in the actual plastic parts as the molds and any imbedded IP had been abandoned by WW it appears and forfeited to the manufacturer. At this stage it’s just a bluff to scare off distributors and sellers. These are not the type of businesses that can afford the threat of expensive court cases. Whilst IP laws have been tightened up considerably in China, I imagine WW will have a hard time convincing their courts since they haven’t been allegedly paying their bills and acting in good faith. Border have indicated that their initial run is nearly sold out. I doubt any court can apply retrospective judgement on a distributor for buying and selling the kits in good faith before anything is proven. The judgement will be on the kit manufacturer if IP laws have been breached and that has to be in China. This is my opinion anyway.

 

100% agree - PJ/WNW know that they will have a very difficult time winning a case in China (especially if, indeed, they haven't paid their bills there). The letters to the distributors were really a last-ditch attempt to prevent the kit being sold.

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