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swanbourne
8th May 2006, 19:06
Omega's attorneys have applied to have my complete exhibit list struck from the record on the grounds that Internet evidence cannot be verified and that winesses cannot be interrogated.

Here's their "Motion to Strike"

http://ttabvue.uspto.gov/ttabvue/v?pno= ... OPP&eno=32 (http://ttabvue.uspto.gov/ttabvue/v?pno=91158655&pty=OPP&eno=32)

Eddie

bootneck
8th May 2006, 20:11
:shock: Are you representing yourself eddie? Stick it to em mate cheeky bastards i will steer clear of new Omegas untill you've slapped em silly :lol:

Gert
8th May 2006, 20:15
Tsk.

If anyone feels tempted to buy a factory new Omega watch, ponder this: Some of the inflated price you pay goes to obnoxious lawyers who harass small businesses like Timefactors :evil: even more will go to glossy print ads in magazines :roll: and a small fraction goes to manufacturing the actual watches.

Just say NOmega.

Cheers,
Gert

abraxas
8th May 2006, 21:17
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Someone like the Daily Mail (or the Daily Express) might be interested in Omega trying to hijack a British national symbol.

john

Crusader
8th May 2006, 21:36
Just say NOmega.

:lol: :lol: :lol:

I have been doing that for years now, but was never able to put it so succinctly. :D

Michael in Frisco, Texas
8th May 2006, 21:55
Eddie, correct me if I am wrong, but don't I recall that one of the bases for the Omega objection involves internet usage?

Mike K
8th May 2006, 22:29
On page 4 of the motion please note the following:


Oppsoer has provided no guidance as where to obtain this evidence or how it is even relevant. Even a google search of the term "Estima S.A catalog" and "Estima" does not provide any material related to the Applicant's exhibits. Opposer is therefore completely unable to corroborate or refute the authenticity of what is proffered,?

Isn't it strange that they are using the internet (Google) to attempt to authenticate a hardcopy catalog? :? Perhaps hoisted on their own petards? Seriously, I would think about pointing that out that THEY are attempting to use the internet to authenticate information; that THEY trust it enough as a resource to use as a refutation/deniability of a hardcopy catalog.

Michael in Frisco, Texas
8th May 2006, 22:33
If I recall correctly, periodicals, such as catalogues, magazines, etc., are exceptions to hearsay under most applicable rules of evidence. I would point that out to Nomega as well.

Mike K
8th May 2006, 23:28
On page 4 of the motion please note the following:


Opposer has provided no guidance as where to obtain this evidence or how it is even relevant. Even a google search of the term "Estima S.A catalog" and "Estima" does not provide any material related to the Applicant's exhibits. Opposer is therefore completely unable to corroborate or refute the authenticity of what is proffered,?

Isn't it strange that they are using the internet (Google) to attempt to authenticate a hardcopy catalog? :? Perhaps hoisted on their own petards? Seriously, I would think about pointing that out that THEY are attempting to use the internet to authenticate information; that THEY trust it enough as a resource to use as a refutation/deniability of a hardcopy catalog.

****************************


Edited for spelling and formating errors.

Hey, why isn't there an "edit" button for this topic?

VA
9th May 2006, 06:45
I think they' re just making another shot-gun approach, with a vrey wide attempt to hit something.

I think Eddie is right, they must be getting worried.

I guess they already know that they' ll probably lose their case, but they have to make sure by continuing this guerilla warfare with Timefactors ,and trying to make an example out of this case, any other small/independent watchmaker will stay away from them.

"Look at us we' re big, we can drag any legal case for ages and drain you clear from money. Do you wan't to mess with us?"

:evil:


VA

swanbourne
9th May 2006, 07:37
The attorneys acting for Omega may not be able to find the Estima catalogue but did they think of asking their clients? The Plaintiff in the case is Omega SA, not the attorneys, and they are in effect saying that Omega does not have access to the Estima catalogue. I don't think so.

Eddie

Rob (NZ)
9th May 2006, 08:15
as already said - the softcocks have hoisted themselves with their own petards.

Shame they didn't have the foresight to buy the name/settle out of court for a couple of million at the start.

Twats.

Rob.

A.Pottinger
9th May 2006, 14:34
It seems that they [the lawyers] are trring to play devils advocate to the judge as far as the catalogue is concerned, but attemptedly demonstrating that not even they can find the catalogue-using they in a loose way to count for either Omega/Omega and the colletion of lawyers as listed/ the lawyers.

They are thereby inferencing that the general public, for not even the lawyers can find it (being so in command etc.), can no way validate it.

I wholeheartedly agree with Mike K-in support of the main thrust of the argument, which is to concentrate upon the deficiencies of the Interenet, and its accurracy, validity and therefore applicability to the spirit of information to the public, as made in their statement, and its'run', they have demonstrated that they are inerror, for the last time I wanted info readily, I went to a library or an online catalogue such and the British Library online catalogue search. The rpinciple must not be that instant information is in requirement, that is to my understanding totally unreasoanble and against the spirit of the matter at issue. It is that it can be accessed easily, which, as Eddie points out, Omega, or any person who really wanted it, could, by e-mailing or writing to a few places a stock letter to obtain the catalogue. In watches, seldom is there an instant catalogue-we all know that from the number of books on the subject!

I found their statement obnoxious, rather than effective-and not well thought out.

I agree with Rob (NZ)-the shotgun approach, but it may well backfire, as it is poorly put together; especially in regard to the catalogue argument.

Even in academia you can reference a web-page, providing date and time info of the link. Its not ideal, but neither is finding a book sometimes, or an article for that!

Best Wishes and the very Best for it.

Pottinger :)

P.S. Of course one is not underestmating them/ones opponent, for the chickens are not 'hatched', yet(!)

swanbourne
9th May 2006, 15:13
Go to http://www.estima.ch
Select language
From the index page, select "products" and then "standard"
At the bottom right of the next page, click on "Request our Catalog!>>>"
The next page is a form you can complete to request a catalog

As the Plaintiff is Omega SA, the German language form is not a problem for them. :wink: I seriously doubt that Omega doesn't already have a copy of the catalog although I'm not surprised that Collen IP hasn't. Have they asked their client?

Eddie

A.Pottinger
9th May 2006, 19:51
Nice one-that must be one of the easiest things to access on the net!

It cannot be seriously so that the good public cannot find matters out by either this, a trip to a book-shop, a library or a forum where advice is regualrly offered, databases searchable for details and clarification from many parties whom have an established record.

The ability of the public appears underestimated by the Lawyers in their statement. Since when does one try twice and then give up? One could not even order the meagurest of items upon the net without trying twice or finding about about any reasonable matter, at that.

Some of the greatest experts are available on the net, as are their reference works, and so forth-all verifiable very readily!

Best of luck with it.

Thanks for point about the link-that is a very good point.

Best Wishes,

Pottinger+ :)

swanbourne
11th May 2006, 17:01
Well it's certainly kept me busy! I closed the website for trade on Monday so I could conduct the necessary research to file an objection to their motion. After many hours, I now have 7 pages of argument, 4 pages of declaration and 9 new pages of exhibits (no doubt all inadmissable :wink: ).

Going to call it a day until tomorrow when I'll carry out final error-checking with a fresh brain.

Incidentally, I still haven't received a hard copy of their motion although they signed a "Certificate of Service" saying that they mailed me one. It's a good job the US Patent and Trademark Office website allows access to all filed documents.

Eddie

chrisb
11th May 2006, 17:27
Go get 'em Eddie :)

abraxas
11th June 2006, 20:39
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Eddies case has been noticed by Velociphile
http://velociphilewatch.blogspot.com/20 ... arrow.html (http://velociphilewatch.blogspot.com/2006/06/omega-continue-to-fight-for-broadarrow.html)

Front of site (2nd item down)
http://velociphilewatch.blogspot.com/

Nice blog dude. :thumbright:

john

swanbourne
12th June 2006, 07:11
I noticed that John because a fair few hits have been coming to the forum from his Blog. I haven't said much because once I start, I don't know when to stop and I don't want to say too much right now.

Eddie

Velociphile
12th June 2006, 18:01
Eddie,

I didn't mean to create any pressure. Just drawing attention to your situation I hope. Keep us informed at your own pace. Best wishes and good luck with it.

Chin up.

Velociphile :D

swanbourne
12th June 2006, 18:03
No pressure at all Velociphile, just waiting for a decision on a few submissions from both sides. Your publicity and support is most welcome, thanks.

Eddie

JohnF
13th June 2006, 22:37
Hi-

Been lurking here a long time, I'm more active over at WatchUSeek (vintage forum mod there...)

I was gonna be buying an Omega this year, but won't be now.

See my reasons here:

http://larkstonguesinaspic.blogspot.com ... omega.html (http://larkstonguesinaspic.blogspot.com/2006/06/why-i-wont-be-buying-omega.html)

It's not much, but it is a gesture of support. Makes me angry, too: I was looking forward to getting one. But this is ridiculous...

Best to ya, Eddie, and more power to ya.

JohnF

swanbourne
14th June 2006, 08:39
Thank you John, your support is most welcome.

Eddie

mart broad
14th June 2006, 09:11
Tim and John

Nice to see you both here and supporting Eddie in this "witch hunt"get the message out in the other forums,blogs etc.

Martin

Crusader
14th June 2006, 09:32
Hi-

Been lurking here a long time, I'm more active over at WatchUSeek (vintage forum mod there...)

I was gonna be buying an Omega this year, but won't be now.

See my reasons here:

http://larkstonguesinaspic.blogspot.com ... omega.html (http://larkstonguesinaspic.blogspot.com/2006/06/why-i-wont-be-buying-omega.html)

It's not much, but it is a gesture of support. Makes me angry, too: I was looking forward to getting one. But this is ridiculous...

Best to ya, Eddie, and more power to ya.

JohnF

Hi John,

nice to see you here, too. :D

In Gert's words ... "just say NOmega!" :twisted: :lol: :wink:

JohnF
14th June 2006, 19:41
Hi -

Thanks everyone. I just saw Eddie's newest post to the the patent and trademark people, and this is just getting even more bizarre...

JohnF