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Athletic Edge Nutrition PreSurge, 210 Capsules
NOW124 NOW Valerian Root, 250 Capsules
Gaspari Nutrition Mitotropin, 30 Day Kit
plus lota freeeebiesssss..
I, being told to add a natty booster though to run mito...Cant decide
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Thread: Check out my cartttttttt
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01-19-2009, 08:04 PM #1
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01-19-2009, 08:05 PM #2
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01-19-2009, 08:07 PM #8
- Join Date: Mar 2005
- Location: United States
- Age: 45
- Posts: 17,298
- Rep Power: 84221
samsumon
Thanks for all the PMs regarding this topic - and yes, we are aware of the discussions and posts to date.
While we generally do not comment on pending legal issues for obvious reasons, there are several matters of accuracy that should be addressed before incorrect information contributes to an even greater misunderstanding of certain important facts.
I am speaking of course about the recently filed patent infringement cases against the companies mentioned in this thread. Legal complaints were in fact filed against these companies and certain of their officers and agents for patent infringement that violates Iovate's intellectual property rights.
As many in this forum may already know, Iovate has always maintained a firm stance in terms of enforcing its patents and other intellectual property. We have taken legal action multiple times to enforce our intellectual property rights, and it is likely that we will need to do so again in the future. Contrary to what you have read in this thread, this includes actions taken against large, medium and small sized competitors going back years.
One fact that bears mentioning is that by not taking action against infringers of its intellectual property when it becomes aware of them, a company places the value of that intellectual property at risk (and thus greatly devalues the considerable investment in research and other aspects of developing of its products).
Why engage in the costly and time-consuming process of filing and enforcing patents in the first place? Because research and development is even more expensive - but when you discover something truly novel and significant (and if the Patent Office agrees the discovery meets both of those criteria) the government gives you a limited-time, exclusive license to use that invention in order to recoup your investment, and to further encourage the R&D process in general. Without the potential to benefit from the very expensive, lengthy, and uncertain research and development process, few companies would invest in the activity and, ultimately, consumers would have fewer improvements in virtually every product and technology category.
OK, so you get it. We are big fans of patents. But so are most other companies that invest in putting better products in front of us. Apple has almost 600 patents around its iPod-related technology alone. Nintendo has more than 3,000 patents on file, and even the Google platform you probably used 10 minutes ago has over 2,100 patents - and it doesn't even have any moving parts. All of these companies and many others have actively litigated to protect their intellectual property.
I like that right this second somebody is working really hard to invent a cell phone that doesn't drop my calls when I get in an elevator, and that somewhere people are developing an MP3 player with a battery that will last a whole flight from Los Angeles to New York, and back. When that happens (and it will), I think those companies are entitled to market their products without having competitors put the exact same technology on the shelf two weeks later.
Let me address another subject that deserves clarification. In regards to the companies involved in our current patent actions, the way they market and advertise is not traditional. In fact, often products from these companies cannot be found on store shelves or in print publications. So it is not surprising that Iovate observed and attended to other companies years before others.
What's more, essentially the way these brands advertise is by posting on these forums. The threads you read promoting their brands and often at the same time speaking negatively about other competing brands, including ours, is the primary way these companies advertise and market their products. Sometimes people are upfront about why they are recommending (or criticizing) a particular product, many times they are not. You probably know that already, but the familiar posting theme, "We are a really small company, therefore we are the only ones who are honest and care about you and the big guys don't," just doesn't hold up. We assure you Iovate values every customer we have, and we know above all else a product has to work, and work well, to have long term sales success.
To that point, the people named in these new cases are in fact individuals acting on behalf of those companies, including 1) the owners, officers, employees, or representatives of the companies; 2) parties necessary for the enforcement of the action; and/or 3) direct infringers, or inducers of infringement, of the patents in suit. Another very important fact you might not be aware of is that Iovate has learned that many board reps posting here actually are full or part owners of the companies they are representing. That said, in any case where a company involved in patent litigation with us provides us with an affidavit containing evidence confirming that any individual named in their case is not a principal of the Company, then those individuals will be removed from the case(s).
It is essential to be clear about one final issue which is, in many ways the most important of all. None of the claims in these cases relate to the free speech of any person or entity, and no one has been sued for expressing their opinion about Iovate or its products. The claims in these cases arise solely out of defendants' infringement of Iovate's intellectual property rights, and Iovate's enforcement of those rights. While it may sound more sensational to portray the matter as one related to free speech (and presumably intended to elicit an emotional response), do not let anyone distract you from the actual facts in these proceedings - these are patent and intellectual property actions.
It should be said that when a competitor uses misinformation or maliciously negative commentary about our products merely as a tool to sell theirs, that is against the clearly stated rules of this board, and that is a post (in reality an advertisement) that only naturally gets attention. Here is one reference to those rules:
http://forum.bodybuilding.com/showthread.php?t=3607331.
That said, there are many years of history of Iovate ignoring such activity and not taking action even when that activity has been undertaken by board reps. What makes the current matter different is that the posts drew our attention to patent infringement by these brands.
Iovate is proud of its product innovations and believes very strongly in the quality and efficacy of its products. We therefore encourage honest discussions among athletes and consumers who have used or would like to use our products - and we believe any such discussion benefits our community and our company. Hundreds of people just like you work at Iovate: they are passionate about what they do; they have goals about getting better in and out of the gym; and they respect their community - including this community.
We encourage individuals to continue to share their opinions about our products and on the bodybuilding industry in general. We feel fortunate to be in an industry that fosters such spirited discussion.
Genuinely, thank you to all who read and post.
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01-19-2009, 08:08 PM #9
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01-20-2009, 08:51 AM #19
- Join Date: Feb 2007
- Location: West Virginia, United States
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- Rep Power: 35162
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01-20-2009, 08:52 AM #20
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01-20-2009, 09:07 AM #23
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