- Report: #1139059
Complaint Review: Seksun - Shenzen
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Seksun
Shenzen, China
Web:
http://www.ntbg.com.cn/
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Seksun; Mr. Chen; Shenzhen HapYaYa Technology Co., Ltd. Copyright Infringement, IP Violation, Use of Copyrighted Photographs Shenzen China
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I am writing in regards to MPOWERD's intellectual property relating to Luci(r) solar powered lamp. The company entitled, Seksun, is branding and selling a knock off of MPOWERD's Luci(r) inflatable solar lantern.
As you can verify from press on MPOWERD's website, MPOWERD introduced a prototype of the Luci(r) lantern at least as early as June, 2012. MPOWERD's patent application on the lamp was originally filed November 1, 2012 and MPOWERD now has U.S utility and design applications pending (Nos. 13/926,336 and 29/457,682). I have attached the filing receipts for these applications. When these U.S applications issue in the U.S., MPOWERD will proceed with full vigor against infringers. I've also attached the Chinese Utility Patent for your review.
I understand that some resellers on Taobao (taobao.com) and Alibaba (alibaba.com) are purchasing and branding a knock-off article manufactured by the Seksun company in China. To give you an idea of how the Seksun coompany does business, I have attached a copy of their "Order Sheet", which includes a photograph of MPOWERD's product with the registered "Luci" trademark, as well as MPOWERD's copyrighted "Camping trip" and woman with Luci and bag photographs. Patent infringement aside, there is no doubt that the Seksun company is deliberately trading on MPOWERD's goodwill. Buyers for reputable retail chains have concluded likewise, that the Seksun product is a knock-off. I do not know where the Seksun company originally obtained information relating to MPOWERD's product, but I suspect it was through the factory where MPOWERD originally sourced the product.
I am also aware that Seksun purports to have patent right in the solar rechargable lamp and they list a Chinese utility model patent number on their Order Sheet. You should also be aware that this utility model patent was filed November 15, 2012, after MPOWERD's priority filing; that utility model patents are not examined for patentability in China; and that MPOWERD has initiated an invalidity proceeding against the Seksun patent. I have attached a Notice from the Patent Review Board in China acknowledging commencement of the invalidity proceedings, so that you and your counsel can judge its contents. In all the circumstances , I urge you to cease and desist in listing products manufactured by a company that has so purposefully traded on MPOWERD's good will.
