Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
Looks like a real court order to me, and Guinn may have a case.
Looks like a real court order to me, and Guinn may have a case.
ex CEO Colin Guinn is ALIVE, Files legal Injunction against
- Thread starter GlowFET
- Start date
Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
Well he must have a prima facie case for the injunction to have been granted in the first place. However, those papers only reflect the plaintiffs' side of the argument. There are no papers in that bundle from the defendants giving their side of the story so we'll need to wait and see until reports of the next hearing come out.
Well he must have a prima facie case for the injunction to have been granted in the first place. However, those papers only reflect the plaintiffs' side of the argument. There are no papers in that bundle from the defendants giving their side of the story so we'll need to wait and see until reports of the next hearing come out.
Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
Did I miss something??? According to what I read that court order is already expired (jan 22,2014)
Did I miss something??? According to what I read that court order is already expired (jan 22,2014)
Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
Here is the Court Order and injunction document link:
https://www.dropbox.com/s/uu1aims793yj9 ... xhibit.pdf
In addition to the other serious claims by DJI NA and Colin, this is a classic case of enforcing distributor/dealer protection laws. It happens all the time in the US and abroad. You have distributors/subsidiaries that develop a market, to later find out that the manufacturer is doing an end-run and selling directly.
Clearly, there is preliminary evidence of some kind of wrong doing (from the court's opinion). From the distributor protection act or unfair business practices laws, Colin and DJI NA may be in pretty firm ground. Just speculating.
Seems like the scope of the injunction is very constrained, in that it is limited to dealers directly developed by DJI NA. The question is whether or not DJI will settle and possibly pay a royalty to Colin for sales to Dealers developed by DJI, or whether DJI HK will pull out of the market. It will come down to the size of the total US market and the % of the market held by DJI NA dealers.
Good case to follow. As a strange coincidence, in 1992, I wrote an article for the C.W.R.U Law Journal on the impact of dealer protection laws. Similar situation. I would not want to be in DJI HK shoes with the case being litigated in a Texas State court (home turf), instead of Federal District Court. :mrgreen: :mrgreen:
Here is the Court Order and injunction document link:
https://www.dropbox.com/s/uu1aims793yj9 ... xhibit.pdf
In addition to the other serious claims by DJI NA and Colin, this is a classic case of enforcing distributor/dealer protection laws. It happens all the time in the US and abroad. You have distributors/subsidiaries that develop a market, to later find out that the manufacturer is doing an end-run and selling directly.
Clearly, there is preliminary evidence of some kind of wrong doing (from the court's opinion). From the distributor protection act or unfair business practices laws, Colin and DJI NA may be in pretty firm ground. Just speculating.
Seems like the scope of the injunction is very constrained, in that it is limited to dealers directly developed by DJI NA. The question is whether or not DJI will settle and possibly pay a royalty to Colin for sales to Dealers developed by DJI, or whether DJI HK will pull out of the market. It will come down to the size of the total US market and the % of the market held by DJI NA dealers.
Good case to follow. As a strange coincidence, in 1992, I wrote an article for the C.W.R.U Law Journal on the impact of dealer protection laws. Similar situation. I would not want to be in DJI HK shoes with the case being litigated in a Texas State court (home turf), instead of Federal District Court. :mrgreen: :mrgreen:
Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
In case anybody missed it, iDrone just posted this interesting article about the TRO: viewtopic.php?f=7&t=7245
(most of the same details rmk posted above, a little easier to read)
In case anybody missed it, iDrone just posted this interesting article about the TRO: viewtopic.php?f=7&t=7245
(most of the same details rmk posted above, a little easier to read)
Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
You are absolutely right. Can't shake my old "legalese" habit.
OI Photography said:
You are absolutely right. Can't shake my old "legalese" habit.
Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
Actually, that was just me saving face after I realized you'd already posted the same general info
rmklaw said:
Actually, that was just me saving face after I realized you'd already posted the same general info
Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
Doesn't look like this thread has been updated with the latest on this legal saga ... Well, this explains quite a bit: http://finance.yahoo.com/news/dji-north ... 00182.html
Doesn't look like this thread has been updated with the latest on this legal saga ... Well, this explains quite a bit: http://finance.yahoo.com/news/dji-north ... 00182.html
Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
Pretty damning. The court date isn't till August! Hopefully they can hold out until then, or settle.
Pretty damning. The court date isn't till August! Hopefully they can hold out until then, or settle.
Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
OK...looking in the future...can DJI Hong Kong go bankrupt because of this?
OK...looking in the future...can DJI Hong Kong go bankrupt because of this?
Re: ex CEO Colin Guinn is ALIVE, Files legal Injunction agai
Nah, there's no practical way to monitor and enforce such injunction anyway... they're gonna create alternate entities to continue conducting business as usual. There's too much money to be made for all parties involved to stop the distribution of Phantoms.
ppdrone said:
Nah, there's no practical way to monitor and enforce such injunction anyway... they're gonna create alternate entities to continue conducting business as usual. There's too much money to be made for all parties involved to stop the distribution of Phantoms.
