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OMNI V 3 hp Blender Versus Vita Mix 5200 Blender, Utah Complaints & Reviews - Alleged Infringement

OMNI V 3 hp Blender Versus Vita Mix 5200 Blender Contacts & Informations

OMNI V 3 hp Blender Versus Vita Mix 5200 Blender

Posted:    123VitaLLC

Alleged Infringement

Complaint Rating:  100 % with 7 votes
Contact information:
3Blenders.com
Utah
United States
3blenders.com
Vita Mix has contacted us and alleged that we are infringing on their trademark and patents in respect to the OMNI Blenders. This is an unsubstantiated claim and it is not warranted to make demand for removal of the www.3blender.com located OMNI 3 Hp High Performance Blender with equal quality and blending power as the Vita Mix 4500 Turbo Blender and the Vita Mix 5200 Blender.

We have since altered the website and removed any images of blenders that might be in violation in our opinion.

It would be nice though, to get some feedback. The OMNI Blender V, 3 hp Heavy Duty blender looks different than the Vita Mix 5200 Blender. It has a 3 hp self-compensating energy-efficient motor with low, medium, and high speed blending selections. The blender also features a set of 3 timer setting at 35 seconds, 60 seconds, and 90 seconds.

Because the Vita Mix Tritan BPA-Free 2L/64oz container fits on the OMNI Blender, this is not a violation. Factories build for example assault style rifles and hand guns around a magazine demand. A gun does not function without the magazine, just like a blender won't make any smoothies without the container. And by the way, the Waring container from the commercial extreme 3.5 hp blender series (MX1200XT, etc.) fits also onto the Vita Mix 5200 blender, and the Vita Mix 3 hp blender, etc...

Here is the email we have received. Your feedback is desired.

"""""""""

Mr. Fox,

It has come to my attention that you are distributing the JTC OMNIBLEND on your website, see link below. This product is identical to the design of the Vita-Mix® 5200. The United States Patent and Trademark Office has issued to Vita-Mix two trademark registrations – one for Vita-Mix’s distinctive blender base configuration (Reg. Number 3, 261, 080) and one for Vita-Mix’s distinctive blender container configuration (Reg. Number 3, 261, 079). The JTC OMNIBLEND copies the design that is the subject of these trademark registrations, and therefore, constitutes infringement of those trademarks. In other words, you cannot distribute the JTC OMNIBLEND without infringing Vita-Mix’s intellectual property rights.


Therefore, please immediately (1) stop promoting, offering for sale, selling and/or distributing the JTC OMNIBLEND, including taking this item off of the 3blenders website; and (2) identify the supplier of the JTC OMNIBLEND.


http://www.3blenders.com/index.html


Also, with regard to the sound enclosures that you offer to sell on the website, please note that placing our products in sound enclosures that are not manufactured by Vita-Mix will void the product warranty. This is because the sound enclosure may not provide proper ventilation.


Thank you for your prompt attention to these matters.


Loree


Loree W. Connors, CPA

CFO and Treasurer


Vita-Mix Corporation

8615 Usher Road

Olmsted Township, OH 44138


440-782-2401

440-235-1944 fax

Lconnors@vitamix.com


CONFIDENTIALITY NOTE: This message is intended for use only by the individual or entity to which it is addressed and may contain information that is privileged, confidential, and protected from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify me by telephone and permanently delete the original and any copy of this e-mail and destroy any printout thereof.

"""""""""""""
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 27th of Nov, 2009 by   123VitaLLC 0 Votes
Vita Mix purchased the OMNIBlend V blender from us and is now investigating from their end if they believe there are any infringements. And the battle goes always on. Of course anyone can sue for whatever they desire.

The OMNIBLEND V Blender is actually a 3 hp blender which is self-compensating and energy saving. It actually has a better and stronger blending torque than the Vita Mix 5200 blender.

More update coming soon.
 30th of Mar, 2010 by   Business Mailer 0 Votes
I am not certain I understand who is complaining--Vita mix for their perception of an infringement on their intellectual property, or 3Blenders for Vita Mix’s implicit legal threat over the Omniblend V. Nonetheless, I find Vitamix's claims spurious and unforgivably petulant. The Omniblend not only looks different from the Vita Mix machines, but also has a higher horsepower rating than most of the Vita Mixes, or is admittedly slower than the Vita Mix 3-hp machine. And Vitamix's threat to void consumers' warranties if consumers' Vita Mixes are enclosed in a non-Vita Mix sound enclosure is, at least to this consumer, insulting. I have been on the fence about the purchase of a Vita Mix or an Omniblend V, cost aside. Reading Vitamix's threats above, however, have sealed my decision. I won't do business with a corporation that threatens competition and consumers' financial interests. Unless Vita Mix has empirical evidence, confirmed by an independent laboratory, that housing their machine in another sound enclosure damages Vita Mix machines, that final part of the threat makes their company seem desperate to force consumers to do business with Vita Mix. Their loss--and I'll be forwarding this threat on to all my super-blender seeking friends, colleagues, students and family.
 17th of May, 2010 by   timoteo 0 Votes
What I don't get is that they commented about the sound enclosure voiding the warranty on the cup. Why didn't they also mention that the cup's warranty would be voided if used on another company's blender to intimidate you? Furthermore, why would they even go to the point of mentioning that your company's sound barrier device would void their warranty after they told you to stop selling the product? If you can't sell it why would you need to be informed that your consumers may have warranty issues down the road? Finally, why is a CPA writing this to you and not a lawyer? I would investigate the matter further. Anyone can send a letter like this and claim to work at company xyz and not really work there. Have you ever heard from them again?
I do believe there may be some patent issues with the blender personally, but I'm not experience. If the design of the blade to blender attachment from the vitamix to the omni are virtually the same then we immediately should have our antenaes up in the air. How are they the same? Did somebody copy that part of the design? Many overseas companies are doing this because they can make the same product as here overseas for a fraction of the cost by just stealing other people's hard work. The only thing is that these companies are getting shut down. Look a Vibram 5 Finger shoes. They recently got many China fraudulent businesses shut down from google and Ebay etc bc they are selling fakes. I'd say be open minded about what they are saying to you and look further into it.
On the other hand the blender is enticing to me with my current financial situation and I may take you up on your offer before you get shut down. Just hope my warranty would still work.
 18th of May, 2010 by   123VitaLLC 0 Votes
thanks for your feedback on this subject. The CFO Laurie Connors is indeed the CFO at Vitamix. Regarding infringement and patents... did you know that patents are filed day in and day out without proper justifications. just because you have a patent does not mean you should...

Your approach is right, why would vitamix send me a letter and not their attorney? It is because they try to intimidate me without spending any further unnessary funds. They know that Switzerland cannot be had cheaply. There is something wrong... Vitamix and others constantly interfear with competitor's business by threatening and actually filing law suits against them. And who ever has more money winns. It is a politics power game. To the other hand, it also matter, who gets hurt the least wins also. I have and I am continuously collecting law suit threats and intimitation started by bully vitamix. I believe I can proof a serious antitrust law violation. vitamix seeks appearently to intentionally interfere with competitor's business as a method to control the market.

another issue: the cost factor, for example, if vitamix was to pursue their patent infringement case, I would handle the law suit myself under the supervision of 3 patent IP attorneys, who are my friends, who have agreed on guiding me at no cost. vitamix would actually stand to loose at least 1 patent. did you also know, that there is no use in filing a patent? If you have one, you have to always defend it. And, what vitamix claimed the OMNI would infringe on is not even superior... the OMNI actually being more improved.

also, Vitamix has not defended their patent against other companies' products with a simular issue (noise and cooling patent). see my website under 'choose'. http://www.3blenders.com... you can see images there that show the differences of the the airf low for cooling between the OMNI and vitamix. Vitamix claims that these are substantially similiar. my point is that so are cusineart, health master, kitchenaid, waring, blendtec, etc... who have not beeen sued. all blenders are substantially similar. why then would they sue me for the OMNI?...
 18th of May, 2010 by   123VitaLLC 0 Votes
and then we would have to define 'substantially similiar'. According to my investigation online and my reviews, I have found that the OMNI blender is actually not substantially similar to the vitamix cooling and housing noise reduction system. the air is forced through the motor housing differently, totally differently, than with the omni blender.

the omni blender is also much quieter than the vitamix blenders. vitamix 3hp at 99dB and OMNI at 85 dB.

and also to your info, the blades of the omni are very different. the fact that they fit on another blender is not a violation. Imagine, if you are familiar with the firearms industry or with the video and now with the dvd industry, you can quickly see where it might lead if one judge were to rule that no other brand or after-market container is allowed to fit on vitamix. soon this ruling could affect a lot of industries, even the tire industry, one size and one brand fitting on a different brand rim... I am pretty positive that vitamix does not want to touch this subject.

Also, you may wonder abou the vitamix bpa-free eastman tritan container issue... they appear to make this look like as if the co-polyester eastman tritan material is their's exclisivelys. It is not. the material is manufactured by a thrid party company. Just like vitamix, I too can buy this material and make containers ... if I wanted too. and that is not an infringement of any sort. It would be, if I named my containers "vitamix" also...

I hope this hypothetical discussion makes sense to you.

We are surrounded by corruption. Those who do not join in to fight it are part of the corruption. Please stand up for your rights. Companies such as Blendtec and Vitamix are bound to take away our rights of free enterprise. I cannot let them win. they think I am fighting about my business. I could care less about that. It's about much more, it's bigger than me.

best wishes
 18th of May, 2010 by   timoteo 0 Votes
You make a good argument about the magazine cartridges being universal which I had previously read. Just as many companies in the U.S. are corrupt so are many companies in China no better fraudulently living off of U.S. manufactured products bc they are stealing ideas from us and reverse engineering them. This costs them little to do since we had to put in all the thought process and desisgn efforts here which cost money to do. On the other hand if you watch some documentaries (found on Netflix) like The Future of Food you see companies putting out patents to control industries for pure profit at the expense of you and I health and financial wise. Ex: Monsanto put a patent on their seed and provided that it could not be sewn. When cross pollination occurred leaving genetically modified seed from Monsanto in natural growing fields (not by their planting) the natural seed was contaminated. Monsanto pays a staff to check fields. When they find a field with their seed they sue the farmers bc they can profit on the lawsuit since most farmers can't afford to continue a court case after $30, 000 and they settle out of court paying Monsanto. This also rids of competition and eventually higher costs for everyone since you have to rebuy seed every year since you can't sew it and you have to buy their chemicals to harvest it or it won't grow.

I see what you are standing for (your business and you won't let some big company win again) which I like. It's not fair when these companies try to rule all and everybody else suffers. In this case we assume that Vitamix is not the first company to even make the blender so then whose patent are they stealing or did they have to obtain rights? It sounds like they may have made an attempt to better their product. Definitely it looks different and isn't labeled the same which will help its case if it ever came down to that.

As far as a patent goes, you're right that it is not needed. If you don't have one though someone can outright copy your product without paying any royalties to you. That's why a patent can prove very beneficial. Even if someone betters your product within a certain time frame you can generally getter the producer to give you a small royalty for using part of your product. Patents can be tricky though. If you produce an engine with a green box around it and I copy your engine and put a red box on it am I infringing? It looks different so it must not be? At some point there must be extreme differences in products to differentiate them. I'd say yours is arguably different otherwise you would've from a lawyer by now.

Good luck and thanks for the reviews that you performed! Tim
 18th of May, 2010 by   123VitaLLC 0 Votes
Thanks Tim. I am familiar with the Monsanto issue. This is one of the cases that actually drives me and should all of us (consumers) drive to stand up against. If we don't we are bound to eat GMO's whether we like it or not. Everything will be theirs by way of wind... My point, just because they have a patent does not mean it is actually a patent that should have been issued. It has to be challenged, and it can be taken away...it will cost big bucks, however. The IP law suits cost millions. I don't have the money, and that is why I am fighting on the internet. Consumers rule! It's a dirty war, David versus Goliath. I promised Vitamix that every threat they send me, I will post online. I told Blendtec CEO Tom Dickson, when he last called me February 2, 2010 with his latest hopeless attempt of stopping my business that I will not fight him in court. He called me to help me save money. I was surprised that he would be so kind. Then he said he won't sue me if I take down my website... What do you think that does to a person? I just hope there are still enough good people on this world to save us from destruction.
 16th of Oct, 2010 by   toejam 0 Votes
Ummmm, why is the CFO, Loree W. Connors, commenting? Besides handing out legal advice, does he also practice medicine?...*shakes head and chuckles* I have a boil, (location shall remain private), that he can comment on if he's available. After searching the US Patent and Trademark site http://patft.uspto.gov/netahtml/PTO/search-adv.htm, I came up with nothing, zilch, nada by Mr. Connors' referenced numbers. *fake sneeze... Bulltwinky* An we worry about our children getting bullied in school...I wonder where they learn it? Hmm
 23rd of Feb, 2011 by   Deborah1057 0 Votes
I think this is absurd for a big company like Vitamix to actually come up with something like this. It just shows how a big company can bully the smaller guys, because they are afraid of competition. I say if they are truly intimidated by another product, then they should act upon it, embrace it, and lower their dam price!!! Which, when you think about it, is absurd to begin with!! I was too thinking about buying a Vitamix blender, but now after reading all this, I am having serious second thoughts.
 15th of Mar, 2011 by   kirk0827 0 Votes
Omni seems way to happy to discuss this compliant. Let's be real. The best thing that could happen to Omni is to be compared to Vitamix. I wonder if Vitamix really complained? It be like Nike complaining that Rebook's shoes are too close in design and quality to Nike. Rebook could only wish that would happen.
 15th of Mar, 2011 by   jayson the piano amatuer 0 Votes
first off that's rediculous that vitamix would do that kind of thing, second off why is vitamix scared for competition? that only shows that they're not confident about their blenders when compared to others, 3rd is just because another product has the same design doesn't mean that they are trying to necessarily compete with one another imean come on lets be serious here even cars have same designs, sometimes to where you think it's another car. saying that omni blend is trying to go against vitamix or vice versa is like saying acura is going against honda just because of the design.
 15th of Mar, 2011 by   jayson the piano amatuer 0 Votes
i love vitamix blenders and really wanted one but now I think I might go with omni V3 Hp, like really vitamix???!!!
 24th of Mar, 2011 by   Curious George 2012 0 Votes
How long have Omni V blenders been manufactured?
 20th of Jul, 2011 by   Rationalchaos 0 Votes
I just bought an Omni blend- got it today! Love it so far. I did a lot of research before I bought one of these blenders and considered vitamix as well. But the Omni seems better to me- its definitely quieter and in my family where we have noise sensitive people thats important. The price was an important factor so I was really excited to find a machine as good as Vitamix, if not better for a price I could afford! After reading this I am glad that I went for Omni and not vitamix!
 29th of Sep, 2011 by   the79bomb 0 Votes
I had a vita mix 3600 for years. It's designed with a small rubber glue connecting the 2 halves of the shaft, possibly as a safety feature which is designed to snap with too much strain. This leaves you unable to blend anything once it snaps. I purchased a new one which lasted for a year before it too snapped while blending a fruit smoothie. When the 5200 came out they stopped making blades for the 3600. So after what I consider a design flaw they remove replacement parts from the market in an effort to force consumers to upgrade. Their website alludes to a loyalty program but when you click on it there is none available. I emailed them on their website form to ask about this and received no reply. Exploiting customers financially seems to be the order of the day at Vita mix and when a company comes along that is not so aggressive as they - frowns all around.
 14th of Nov, 2011 by   Bellevue, Washington 0 Votes
When I first saw the Omni blender (at-a-glance), I thought it was the Vitamix. But not every single human being wants to spend $400+ to $1000+ ( Vitamix's professional series) on a blender.
 10th of Feb, 2012 by   lilotaku 0 Votes
Omni Blender gets my vote. I just bought one and recieved it today. I did a few searches for alternatives to blendtec and vitamix and omni seemed like the closest competitor at a pretty hefty price cut. It does take about 20 secs longer to blend to the same consistency as the vitamix/blendtec but its worth saving 200+ dollars. I'm suprised Vitamix hasn't replied at all lately. They just don't have any ground at all to stand on and are just being punks about the whole situation. I'll be recommending omni blend and discouraging people from buying Vitamix.
 27th of Aug, 2012 by   RTP 0 Votes
Please be advised, Loree Connors is a Woman!
 27th of Aug, 2012 by   RTP 0 Votes
Please be advised the CFO of Vitamix Loree Connors is a Woman!

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