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BMW 3-Series (E90 E92) Forum
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Unethical Vendor - BMS (Burger Motorsports bad review)
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10-15-2012, 08:59 AM | #23 |
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BMS will never, ever get a single dollar out of me again. I get very angry hearing about stuff like this. Scumbags.
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10-15-2012, 09:55 AM | #24 |
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Your design may not be patented but your product photos are copyrighted material. I would send a DMCA Takedown notice so that, at the very least, they are not able to use your photos to advertise "their" product.
I know it's not much of a resolution, but you do have a very clear-cut law on your side where the marketing photos are concerned. If you need help drafting the DMCA notice let me know. I have a lot of experience with these. That said, I would consult an attorney to see if there is anything you can pursue (not sure if there is, since you don't have a patent, but it can't hurt to try and see where you stand officially). Really sorry to hear about this. I have purchased from BMS in the past and I did consider them a reputable place of business. I have zero tolerance for companies who act shady like this. Very unfortunate. I am hoping to see them chime in on this thread so we can hear all sides of the story.
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10-15-2012, 10:18 AM | #25 |
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Pretty low on BMS's side.
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10-15-2012, 10:20 AM | #27 |
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There is no excuse for something like this on BMS's part. I do not and will not give my business to company's that behave this unethically.
On a side note, I did buy my clutch stop from your ebay site and i can say that 18 months later it feels just as good as in felt on day 1. Fantastic design, awesome product! I'd highly recommend it to anyone looking for a clutch-stopper Good luck getting what you deserve from BMS
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10-15-2012, 10:35 AM | #28 | |
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I was not happy but didn't complain when BMS came out with a similar design using the rubber washers because mine were metal. I figured it's different enough and I already knew mine was better because I had prototyped the rubber ones initially and found that wore out. That's why I switched to the metal ones. In any event they still shouldn't have used my install pictures. Then when users realized that my design with the metal washers was better they go and copy it exact and use all of my pictures. That was the last straw. And yes, I've already contacted them before I made this post. I felt the right thing to do was to tell them my concerns and give them a chance to stop. But they blew me off. Thanks for the support guys! BTW, thanks to the mods for allowing this thread to remain in the general section. I understand that it will be moved to the vendor feedback forum (where it belongs) in a few days. |
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10-15-2012, 10:46 AM | #30 | |
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10-15-2012, 10:54 AM | #31 |
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cant believe bms would do such a thing...kinda suprised and i have a bunch of bms products.
man this is gonna turn into another Buschur Racing vs Reese Tuning thing where Reese stole the battery tray from Buschur |
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10-15-2012, 11:02 AM | #32 | |
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10-15-2012, 11:13 AM | #33 |
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With all due respect, I'm not surprised at all. BMS has built it's business by stealing other company's IC and and undercutting them. If Shiv were to go on a tirade about how BMS copied the Procede, i imagine it would read a lot like this.
I'm sorry this happened to you brother. Just so you know, I personally have not, and will never buy a BMS product for this reason. In fact, I'm going to order one of your clutch stops right now to show my solidarity.
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10-15-2012, 11:41 AM | #34 |
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You really should seek legal advice, at the least he's stealing your intellectual property of the picture. Those things usually have some data imbedded in the file, so you could see if the image has your copyright data.
What douches. I've heard this before though |
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10-15-2012, 11:51 AM | #35 |
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Ouch, the good thing is that it isn't China ripping off your stuff or you'd be up the proverbial creek, sans paddle. Good luck!
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10-15-2012, 12:08 PM | #36 |
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Since you have not patented the design and have rendered it public, its too late for patenting it now. Some would say it is sad, but there is nothing you can do for stopping copycats from replicating your design, now.
On the other hand, using your pictures is a clearcut case of copyright infringement. You can probably get something out of it (at least force them to stop using your pictures), but I would not expect much from legal actions. Seek legal advice, and maybe consider small courts. |
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10-15-2012, 12:14 PM | #38 | |
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for your invention and hard work. I dont have one but I will purchase one from ebay just to show my support for a small business
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10-15-2012, 12:21 PM | #39 |
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have you contacted ebay? they can make them take pics down at very least i would think
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10-15-2012, 12:23 PM | #40 | |
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10-15-2012, 12:26 PM | #41 |
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The photos are hosted on BMS' server. As such, I would send a DMCA takedown notice to their hosting provider. They will, at the very least, remove the photos (or require that BMS removes them). They also have the power to pull the site completely, although I am not sure whether they'd do this for a few photos. I would go this route rather than contacting Ebay, as this would be the route that would cause the most headache for the infringing party. As a photographer and designer I have dealt with DMCA notices and infringement countless times, and hosting companies do not take this lightly, as it is a clear violation of their TOS.
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10-15-2012, 12:34 PM | #43 |
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subscribed. Waiting to hear from BMS
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10-15-2012, 12:35 PM | #44 |
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Shame people/businesses will behave like that. Some call it enterpise, capitalizing on an unpatented idea, I call it weak....I bought one from you just now btw. Good luck
cheers jz
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