Omni V 3 Hp Blender Versus Vita Mix 5200 Blender — Alleged Infringement
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.
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.
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 W. Connors, CPA
CFO and Treasurer
8615 Usher Road
Olmsted Township, OH 44138
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