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Old 10-21-2016, 09:42 PM #1
Deathwish_DW
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GI Sportz sues Valken - GI and Valken both speak out about lawsuit inside.

Quote:
G.I. SPORTZ SUES VALKEN INC. FOR BREACH OF CONTRACT

On October 13, 2016, G.I. Sportz (GI) filed a lawsuit against Valken Inc. (Valken) for breach of contract and infringement of GI’s Marballizer® trade dress (U.S. Reg. No. 3,049,101). The lawsuit was filed in U.S. District Court for the District of New Jersey.

This lawsuit stems from the breach of a contract that Gino Postorivo, President & CEO of Valken signed on May 20, 2014, which settled a previous Marballizer® trade dress lawsuit with KEE Action Sports (subsequently acquired by GI). In that settlement agreement (extract below), Valken agreed:

“it will not within the United States, and other territories where KEE has rights in the Marballizer Trade Dress, manufacture, cause to be manufactured, sell, market or distribute alone or in conjunction with others, the Subject Paintballs”

Despite this agreement, Valken decided to breach their commitment. Valken further ignored GI’s written request to honor their commitment and stop producing a product that clearly infringes on the Marballizer® products. In the end, GI was left with no other choice than to sue for breach of contract.

GI and its affiliates have spent decades investing both man-hours and money in the development of innovative paintball products, including its premier Marballizer® paintball brand and products. Over the years, GI has sought to protect these innovations and hard work through hundreds of patents and trademarks that have been issued globally. These iconic brands and products have allowed GI to create hundreds of jobs across the United States and invest in two state-of-the-art manufacturing facilities in North America.

"Our country, our industry and our sport are all founded on the same governing principle: honoring your commitments,” said Richmond Italia, CEO of GI. “Our industry thrives on honest competition and GI will always stand up to protect our employees from those who seek to profit from dishonesty,” continued Richmond. “We will not stand idle or turn a blind eye to the dishonesty of our competitors, large or small, that seek to pass off the hard work of decades of our people as their own. We will not let these few bad apples belittle our sport’s spirit of fair play and honesty."

GI will always seek to protect the hard work of our current and former staff. We will not allow our proprietary products to be knocked-off by foreign or domestic companies, large or small. It is this GI commitment to the industry and its future growth that has created iconic paintball products that generations of paintballers have grown to love. We will never waiver from this commitment to our employees, customers and the industry.

For further information about this press release, please contact: David “Opie” Thomas or Billy Ceranski at (479) 254-3800 or (514) 339-1400.

Quote:
Originally Posted by John View Post
I spoke to Gino Postorivo, the owner of Valken, and had the opportunity to ask him a few questions.


Was the recent paintball lawsuit from GI Sportz really a surprise?
Gino - "It kind of was. We never did a deal with GI, just with KEE. KEE is a former paintball company. Years after a deal with KEE, we got a letter from GI with too few facts about GI Sportz assuming Kee’s agreements with us. We had resolved issues with KEE in the previous Kee lawsuit (brought by KEE, not us). In the settlement we never admitted liability or gave up our rights."


Briefly in your own words, what does this Marballizer lawsuit boil down to?
Gino - "Our lawyers are reviewing the lawsuit. The lawsuit will proceed and filings will be public."


Is there an answer to the lawsuit coming?
Gino - "Absolutely."


Have you ever sued another paintball company? About what?
Gino - "We don't go around suing, but we do enforce our rights, and we do fight back. A former company I owned did sue the National Paintball Association. This was way back when we were National Paintball Supply. We sued and won."


Didn't you sue Richmond Italia over the name Diablo?
Gino - "No! Our company opposed a trademark filing because another company tried to take over Diablo naming rights, which our company owned. We didn't sue. We won the opposition."


Did you tell anyone to go rate GI Sportz online?
Gino - "No. Absolutely not. I would never do that."


What do you think paintball companies can do better to grow the sport?
Gino - "We should be competing to provide the best quality products. We travel the world to talk to manufacturers and athletes to improve our products. That is how we fight for the industry and against games that compete with paintball. Lawsuits like this suit are a waste of time and resources."


What can players do better to improve paintball?
Gino - "Everyone has to be an ambassador to the sport all the time. And we shouldn't be posting pictures of welts! That's bad for paintball. It scares people away from playing paintball. Keep bringing people in!"





Per Gino's FB..


TL;DR: GI is mad because some of Valken's paint is swirly in a similar manner to Marbalizer.
In 2012, Valken settled with KEE for a similar claim. Kee now is owned by GI and Valken is selling swirly paint..

EDIT:

FULL FILING FOUND HERE: https://www.docdroid.net/IakloNq/gi-vs-valken.pdf.html


EditEdit: John Rathburn of GI responds:
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Last edited by Deathwish_DW : 10-21-2016 at 11:04 PM.
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Old 10-21-2016, 09:45 PM #2
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I skimmed the post it seems like it's over the name of a paint and a contract. This is going to be great for the sport.
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Old 10-21-2016, 10:02 PM #3
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Sounds like GI is not happy with Redemption looking a little like the old marbs ... when they were good.
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Old 10-21-2016, 10:05 PM #4
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Buying marbs is like buying practice paint for 50%-100% more cost
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Old 10-21-2016, 10:09 PM #5
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Surprise Surprise. **** GI.
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Old 10-21-2016, 10:19 PM #6
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GI should spend the attorney money on making better paint. Valken paint really is the best.
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Old 10-21-2016, 10:38 PM #7
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So lame!
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Old 10-21-2016, 10:43 PM #8
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Full Disclosure: Did not read the full filing.

Have they changed the look of Redemption?

It really doesn't look that similar, Redemption has pretty consistent lines:


and Marbs are much more swirly like tie-dye or something:


Gott be a pretty vague trademark to consider that similar
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Old 10-21-2016, 10:46 PM #9
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Quote:
Originally Posted by insixdays777 View Post
GI should spend the attorney money on making better paint. Valken paint really is the best.
This.

The smart play would be to bring back original American made evil, marbs, premium.

Not sure why ALL paint these days seems to kinda suck.
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Old 10-21-2016, 10:49 PM #10
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Pretty hard to support GI here.
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Old 10-21-2016, 11:01 PM #11
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Didnt I hear somewhere that Valken was somehow involved with bringing another league back ?

This looks to me like shots fired over that.....
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Old 10-21-2016, 11:15 PM #12
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Looks to me GI is still mad that some of the infamous guys decided to jump ship to valken. Also how can John Rathbun criticize valken for not innovating when GI is mostly comprised of other companies inventions. Most of their stuff is not even their own. If they were such innovators, how come they couldn't manufacturer a gun or hopper? Hypocrites in my opinion.
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Old 10-21-2016, 11:28 PM #13
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How can a company ran by a guy who famously funded Spurlok to make a loader that totally infringed on another and was stopped from being imported into the country sue anybody for infringing anything. Richmond Italia is a piece of poop with a giant unibrow and a short memory.

**** GI. No one is trying to make their paint look like an inferior product like Marbalizer. if anything Gino should counter sue on the basis of that claim. GTFK out of here.
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Old 10-21-2016, 11:38 PM #14
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This will not end well for GI, or its many sub brands. By the way, can someone post GI's many sub brands so those who wish to boycott them can.

Also, didn't smart parts get into trouble with lawsuits at one point?
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Old 10-21-2016, 11:48 PM #15
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Valken should counter sue GI for them trying to copy Redemption and make marbs round x'D
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Old 10-21-2016, 11:50 PM #16
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GI
VForce
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Draxxus
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thats a start
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Old 10-22-2016, 12:12 AM #17
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Quote:
Originally Posted by nickcvet89 View Post
Looks to me GI is still mad that some of the infamous guys decided to jump ship to valken.
I believe, and I could be wrong, that all the Infamous guys were let go by the company (which I have my theories on, but that's neither here nor there). If that's the case they have no right to be mad, it's not their fault someone else saw the value they bring to a company.
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Old 10-22-2016, 12:40 AM #18
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I swear to god if GI or whoever is running the legal team doesnt pull their head out of their rears...
I figured their first round of litigation and the fact that the name "gardner" now evokes ire and indigestion from paintballers...
I figured that last name would earn a few entries in urban dictionary.. now we have another working for a little infamy.

my god, where you these people meet?
"Jono? what is the one thing we can to to take a pretty steady going, and just **** it all up, and **** it up good?"


petition to have influences like this blackballed from this industry?

aye.




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Old 10-22-2016, 12:48 AM #19
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I think it's hilarious. Pro teams who are sponsored by GI onlybuse their paint, gogges and pants for the most part. Any other company would be happy to have any GI team who are jumping ship on their side. For the players who have a decent head on their shoulders would know to boycott these fools.

GI killed the CXBL. GI is killing the sport. GI literally has ZERO innovation (revamp of the machine gear, RAZA pants branded as their own, padding extremely similar to the old NXe pads etc.)

And now they are crying about a paint shell...maybe I should run for president too?
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Old 10-22-2016, 01:16 AM #20
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Drunk post edit.
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Old 10-22-2016, 01:35 AM #21
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Quote:
Originally Posted by SCizTheCaptain91 View Post
I think it's hilarious. Pro teams who are sponsored by GI onlybuse their paint, gogges and pants for the most part. Any other company would be happy to have any GI team who are jumping ship on their side. For the players who have a decent head on their shoulders would know to boycott these fools.

GI killed the CXBL. GI is killing the sport. GI literally has ZERO innovation (revamp of the machine gear, RAZA pants branded as their own, padding extremely similar to the old NXe pads etc.)

And now they are crying about a paint shell...maybe I should run for president too?
If you were to change your name to trevor the great, you'd be getting crucified by all the GI shills on here right about now.
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