What's wrong with you idiot lawyers? I think you should have sued ebay instead of that poor techman guy in florida. I have been following the case for a while. Techman's statements to the court are obviously true. Your companys equipment is available everyday on ebay. Take a look at auction 300219574045. This looks like 5 of the programmer things mentioned in one of techmans reply to the court. I could be wrong, but I am not a security professional.
Heck... Just enter "Brinks" in the eBay search engine and you should see what comes up. From my standpoint, the Boinks legal beagles aren't doing what they're being paid to do.
I guess that is what happens when these nationals open themselves, and their product, up to subcontractors and authorized dealers. We all know how the majority of these folks come and go. I know for a fact that equipment goes out and is never accounted for. I also know that equipment goes out for a particular job and the surplus is never retrieved. Where else would this stuff end up but on Ebay. That is why I think Jim's situation was simply based on principle rather than on actual damages. I know of a dealer, for one of the nationals, that had over 100+ panels shipped to him, which were the wrong ones for the job. The company reshipped the order and never retrieved the original 100+. Where do you think those ended up?
They do not want to go after E-bay. They know E-bay has more money and could fight them off like a flea.
From the legal beagles stand po> > What's wrong with you idiot lawyers? I think you
I presented that argument to the court several times concerning eBay and the everyday sales of Brinks branded equipment. If I purchase these items off eBay, am I guilty of copyright infringement? No. Am I engaging in Tortious interference? No. Brinks doesn't have the nerve to sue eBay or ADT, or any other alarm company will pockets just as big as theirs.
Jim Rojas
Red wrote:
Actually, they could argue that since you now *know* they only rent "their" equipment *you* (specifically) shouldn't be purchasing anything with the "Boinks" logo on eBay.
As I've said a number of times... Boinks didn't get what they wanted when they sued you. They didn't expect you would just "roll over" and allow them to obtain a default judgment. They wanted to "test" their assertion that anyone that provided "their" manuals or possessed "their" programmers was violating "their" intellectual property rights and tortiously interfering with their customer's PSA. They didn't get that. It was a very "hollow" victory and certainly not worth the expense they incurred. Heck, a $25000 judgment doesn't even cover their legal expenses (but probably covers the time Mr. Yorkie spent on preparing their "case").
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