Wait what? I though their patent application was dismissed...
They can't ship anything with the name "Batteriser" on it if they want to avoid litigation.
Is that valid only for everything that would be coming out of Batteroo production lines or could they still "gift" engineering samples, perhaps with an extra 'prototype - not for sale' sticker?
As I understand it, the issue about trademark has nothing directly to do with sales as such - it is to do with avoiding confusion in the market. As such, I think even gifts, samples or whatever would be problematic with the word 'Batteriser' emblazoned on them. Besides, I would imagine an engineering sample would be more likely devoid of branding, except perhaps for a crappy sticker.
Google Alerts picked up this news article
http://www.bizjournals.com/stlouis/news/2016/07/29/energizer-sues-california-startup-for-calling-its.htmlI thought this bit was hilarious:
Batteroo “recently” sent an email message to customers in which it “attempted to use Energizer’s Opposition as an excuse for further delays, falsely implying that Energizer was responsible for Batteroo’s product delays,” Energizer said in the lawsuit. An email Energizer received from an apparent Batteroo customer said to the battery maker, “You have caused a delay in receiving my Batteriser products,” according to the suit.
Nice showdown
I think, Batteroo will declare bankruptcy within a few days, while telling the backers "smashed by Big Battery". Seems to be the best exit strategy, and the backers will believe that and curse Big Battery.
Hi,
I was doing my regular check of the IGG campaign and I found this in the comments:
Being curious, I ran this through Google Translate:
I think a more appropriate translation is 'Shit Creek'.
Any Chinese speaking members have a better translation?
[Sarcasm] I am sure this product would have been a resounding success, and delivered many months ago, if they had been more careful in choosing the name.[/sarcasm]
Regards,
Jay_Diddy_B
I think the Chinese guy is saying "hurry up and get back to me with your shitty non-product".
All sing along now:
"Big Battery killed the Batteroo star, Big Battery killed the Batteroo star...."
Coincidently I just saw Yes with the same keyboard player who did that song, performing the album where the lead singer was the other guy who did that song.
Ladies and Gentlemen,
We have an update !!!!
Just captured from the IGG Campaign:
I just happened to be checking the site when the update came in.
Seems we have a relatively firm date, not 'soon'. I still have may data logging setup waiting for the sleeves.
Regards,
Jay_Diddy_B
Ladies and Gentlemen,
We have an update !!!!
Just captured from the IGG Campaign:
I just happened to be checking the site when the update came in.
Regards,
Jay_Diddy_B
Can't Energizer sue them because they shipped? Or because they were cleared by "Batteroo's" legal team they are in the clear?
And 4 to 8 weeks? Is that basically so it's a broad range of time and gives them the chance to come up with an asscovering plan to spend money and then make their getaway?
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It's probably some loophole where indiegogo isn't a "sale". It's a free gift for making a contribution or something.
It's probably some loophole where indiegogo isn't a "sale". It's a free gift for making a contribution or something.
Makes sense.
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I spotted that Batteriser has an FCC report on their website, and thought I would take a look in case there are any battery energy numbers in there.
Of course, there were none.
But I did find something interesting. Batteriser was tested with a 1mA load. That's 100 - 200x less than you might see in a practical device running 5 - 10 hours. Although it handily passed the FCC test, if emissions go up proportionally to current, it will be close to the line of failure, on one side or the other.
I spotted that Batteriser has an FCC report on their website, and thought I would take a look in case there are any battery energy numbers in there.
Of course, there were none.
But I did find something interesting. Batteriser was tested with a 1mA load. That's 100 - 200x less than you might see in a practical device running 5 - 10 hours. Although it handily passed the FCC test, if emissions go up proportionally to current, it will be close to the line of failure, on one side or the other.
I think the Batteroozer alone might be the motivation many need to buy a SA with field probes. Oh the fun we'll have.
We are happy to announce that by August 22nd,
So it could be sooner?....!!!
we will begin shipping Batteroo sleeves
One wonders what volumes will be involved - and how long it will take to fulfill initial shipment quantities.
to our distribution centers in the US and around the world!
How long after that before they are released to the public?
They're saying Indiegogo and pre-order units are expected to ship in 4-8 weeks "based on input from our logistics company" - so maybe they will be received in time for Christmas? (Just a year late.)
This all sounds promising on the surface, but there is still some wriggle room and potential scapegoats.
Time will tell.
For the record, I want to see these things ship - as I am sure a lot of people do.
I spotted that Batteriser has an FCC report on their website, and thought I would take a look in case there are any battery energy numbers in there.
Of course, there were none.
But I did find something interesting. Batteriser was tested with a 1mA load. That's 100 - 200x less than you might see in a practical device running 5 - 10 hours. Although it handily passed the FCC test, if emissions go up proportionally to current, it will be close to the line of failure, on one side or the other.
Yep, that's been pointed on here before, the test was flawed.
Get your Golf GPS ready everyone!
What is the exact model number again?
Ok, so now their plan is clear, they plan to ship and totally ignore every single performance test video posted on Youtube and all the data posted on forums and blogs etc.
Obviously once they ship a single unit the game is up and within days everyone will know that the product doesn't perform even close to their claims. But I suspect their response will be total and utter silence. They will still be hoping for the miracle buy from Walmart or Kmart. They can't possibly have a future selling onesies and twosies on their website.
Their buyout plans are shot because they don't have a trademark now, and likely not a patent either (any update on that?)
I've mentioned on here before I'm sure, that we should set up a public accessible (but restricted edit access?) Google spreadsheet were people can add performance data.
Something simple like:
- Product name and model
- Timed battery life with Alkalines (Baseline)
- Timed extra product life on the "dead" batteries with Batteroo (to bust the 800% bullshit)
- Timed battery life with Batteroo from the start. (To bust any claim of increased life from scratch)
Ok, so now their plan is clear, they plan to ship and totally ignore every single performance test video posted on Youtube and all the data posted on forums and blogs etc.
Obviously once they ship a single unit the game is up and within days everyone will know that the product doesn't perform even close to their claims. But I suspect their response will be total and utter silence. They will still be hoping for the miracle buy from Walmart or Kmart. They can't possibly have a future selling onesies and twosies on their website.
Their buyout plans are shot because they don't have a trademark now, and likely not a patent either (any update on that?)
So if they have a surplus of them maybe they will pull an Atari and dump all of the sleeves in the desert like Atari did with the ET cartridges.
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I've mentioned on here before I'm sure, that we should set up a public accessible (but restricted edit access?) Google spreadsheet were people can add performance data.
Something simple like Product name and model, and timed battery life with Alkalines with and without the Batteroo
Should be doable. Now the only thing it would need is a catchy acronym or name. Maybe some DaveCad 2.0 charts as well!
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Their buyout plans are shot because they don't have a trademark now, and likely not a patent either (any update on that?)
I doubt a lack trademark would stall a determined buyer, but they applied for Batteroo as a trademark back in June so that's covered anyway. The big buyout blockers would be: energiser is still suing for damages, negative public opinion, patent status and financials.
Regarding the patent, they said via Facebook:
Batteriser: We have had a lot of good news recently, including that our patent got approved in the US, so I'm sure you'll be seeing us on the shelves in many stores very very soon!
It's probably some loophole where indiegogo isn't a "sale". It's a free gift for making a contribution or something.
It doesn't matter if it's a sale, a gift or a promotional pen with a brand name which they may not use. That would give Energizer a strong point in the upcoming lawsuit, because it shows an intentional action of Batteroo. The best way is to print some Batteroo labels and stick them on top of any Batterizer logo. But if they insist on shipping something with a brand name they may not use, after they've been told so...
Can't Energizer sue them because they shipped? Or because they were cleared by "Batteroo's" legal team they are in the clear?
Energizer are free to sue them at any time for any reason.
Energizer are free to sue Batteroo, or you, or me, just for looking at them the wrong way, just as we can sue them for anything if we had deep enough pockets.
Whether or not they would ultimately win any suit is beside the point, Batteroo are very foolish for coming out publicly and saying they will deliberately ship products with the Batteriser name on them. The "legal opinion" they got means nothing if Energizer get pissed off enough to sue them for it, they will be forced to defend it and will go bankrupt doing so.
Yesterday I saw this response, and I thought wow that was a long time ago since someone was positive about this project. Then about 7 hours later finally an update about the project. What a coincidence!
Anyway, there once was a time that they promised to start shipping in two weeks or so, and then they didn't...
Now they basically promise to start shipping in 6 to 10 weeks.
It seems to me that they're trying to regain a positive vibe now in the hope to get more pre-sales.
Meanwhile you can still buy them as Batteriser's on their Batteriser.com site, even though they say on igg that they have ditched that name. Seems like they are waiting for a letter from Energizer's lawyers.