openseas
Veteran
"Rubik's is suing theCubicle"
https://www.bloomberglaw.com/public...Enterprises_LLC_Docket_No_117cv078?1507841795
https://www.bloomberglaw.com/public...Enterprises_LLC_Docket_No_117cv078?1507841795
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Older cubers discussions
- Thread starter MarcelP
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Shaky Hands
Premium Member
Also being discussed on the forums at https://www.speedsolving.com/forum/threads/rubiks-brand-lawsuit-against-the-cubicle.66633/
Jason Green
Veteran
TheCubicle doesn't actually manufacture any puzzles in whole do they? They are just suing them because they have more profit than going after all the individual companies? Or maybe they are going to sue all of them next... Or maybe Rubik's thinks they actually make them all (haha jk, obviously they just partnered with Gans).
That would be a really bad thing if there were only Rubik's brands can you imagine? I'm going to have nightmares.
Edit: I'm going to ask my lawyer friend I grew up with about this. Seems a little late to be suing too don't you think?
One Wheel
Legend
It's going to be easier to get an enforceable ruling in a US court than a Chinese one. Probably going after theCubicle because they're most visible, and if they can get the precedent there the others really don't have an argument.
openseas
Veteran
Agreed. Considering how many cases Chinese companies violated in other industries but never got punished, squeezing US retailers are the only options for them.
But why now (other than cubicles now became almost a giant) especially after collaboration with Gans? Do they think their Gans/Rubik's cube are good enough to win over other products?
Jason Green
Veteran
The more I think about it, it really feels insulting that they seem more concerned with getting money than they do seeing the cubing community grow.
pglewis
Veteran
ianal, nor anything close to one, but I would guess they're doing it now because the growth of speedcubing in the US might make it worthwhile at this point. I would also guess they'd ultimately like to work out some licensing deal and the trademark claims are testing the waters for how much leverage they have. I can't imagine their end game is to stop sales of all other cubes, rather that they want a cut.
newtonbase
Premium Member
They are going after The Cubicle now because of their manufacturing and not the reselling of Chinese products. Whether modifying a foreign cube counts as manufacturing would be for the courts to decide. I can understand why they are doing it as if they let this slip then what's to stop The Cubicle going a step further and moulding pieces or building cores.
They may struggle to prove certain points such as harm to the brand as these products are clearly superior and also claiming that customers are mislead into thinking these are Rubik's products is pushing it.
Unfortunately for The Cubicle, Rubik's have far more resources to fight this. They may see the safest option as closing the lab and agreeing a small financial settlement out of court.
They may struggle to prove certain points such as harm to the brand as these products are clearly superior and also claiming that customers are mislead into thinking these are Rubik's products is pushing it.
Unfortunately for The Cubicle, Rubik's have far more resources to fight this. They may see the safest option as closing the lab and agreeing a small financial settlement out of court.
h2f
Premium Member
But mind that Rubiks lost in Europe with almost the same case.
mark49152
Premium Member
They mention stock cubes and DIYs as well. They are claiming design mark infringement across all those.
Yeah I feel similarly although I understand at the end of the day they need to make money to feed their families. The growth in speedcubing is in part credit to the Chinese companies who created viable speedcubes and stores like thecubicle that made them accessible. There are a ton of ways Rubik's could leverage or boost that growth to make more money without relying on negative tactics like this. My own impression of their action is that it betrays a lack of better ideas.
Also note that until recently, nobody who shops at thecubicle would have bought a Rubik's. That's not true now they have the RSC so they have more to gain from shutting down thecubicle.
mitja
Regular
they are goining after DIY cubes that Cubicle sells because, that is the only possible lawsuit they could get and only in USA.
If I think logicaly: The merchant - Cubicle, can sell anything and is not obligated to know who legally manufactured the cube. Cubicle doesn't know if GANs, Moyu... cube is really done buy those companies. Maybe they are manufactured in central Africa. They get them from another merchant from another country.
So, the whole lawsuit is seriously stupid and that could only happend in US, but it can be very dangerous if some incompetent( prepaid, influenced) judge or jury rules in favor.
If I think logicaly: The merchant - Cubicle, can sell anything and is not obligated to know who legally manufactured the cube. Cubicle doesn't know if GANs, Moyu... cube is really done buy those companies. Maybe they are manufactured in central Africa. They get them from another merchant from another country.
So, the whole lawsuit is seriously stupid and that could only happend in US, but it can be very dangerous if some incompetent( prepaid, influenced) judge or jury rules in favor.
mark49152
Premium Member
The key claims are in 30, 37 and 47 which allege that damage is caused to them by promotion, advertising and sale of products they claim infringe their design mark. That is not specific to DIYs or cubes thecubicle assemble themselves.
Remember all the past stories of Amazon pulling listings, PayPal refusing to work with certain vendors, distributors having cubes seized at customs, etc. None of those were manufacturers.
mafergut
Legend
This is a very hypocritical stance from Rubik's now that they have come to an agreement with one of those "bad Chinese manufacturers that copied Rubik's great toy design" in order to just have a decent speedcube in the market by completely letting the cube mechanism design to the Chinese brand and contributing themselves with those great... coloured tiles 
Had they used all that financial muscle in R&D instead of in suing others for improving upon their initial design maybe they would stand a chance of having my sympathy and also part of the speedcubing market. Right now, no way they can have any of those.
Had they used all that financial muscle in R&D instead of in suing others for improving upon their initial design maybe they would stand a chance of having my sympathy and also part of the speedcubing market. Right now, no way they can have any of those.
Shaky Hands
Premium Member
I suspect much of the lawsuit is as for safety reasons, Rubik Brand may feel they must provide child-safe toys that do not "pop." The popularity of foreign speedcubes is creating something of an uneven playing field for their original IP. Whether or not this is Cubicle's problem is another matter.
Jason Green
Veteran
If they win maybe Mercedes will sue all the other car companies for making cars.
I agree with Mark about them lacking better ideas. I don't think cubing would be growing like it has without speed cubing, which would not exist like it does if only Rubik's was available to this day. It's kind of biting the hand that feeds you whether they realize it or not.
I agree with Mark about them lacking better ideas. I don't think cubing would be growing like it has without speed cubing, which would not exist like it does if only Rubik's was available to this day. It's kind of biting the hand that feeds you whether they realize it or not.
openseas
Veteran
If they win maybe Mercedes will sue all the other car companies for making cars.
I agree with Mark about them lacking better ideas. I don't think cubing would be growing like it has without speed cubing, which would not exist like it does if only Rubik's was available to this day. It's kind of biting the hand that feeds you whether they realize it or not.
Yes, cleary, they don't care our cubing community but their own benefit.
One Wheel
Legend
If they win maybe Mercedes will sue all the other car companies for making cars.
I don't know that it's particularly helpful, but it's a fun analogy to think about to say it's like if Ford sold the model A and model T until 2010 (with some new colors introduced in the '70s), then released the Taurus and promptly sued a Ferrari dealer.
Jason Green
Veteran
Hahahaha that actually cracked me up.
mitja
Regular
Well, that one definitely doesn't pop and even shark couldn't bite into it, far less a child. But, that's why the manufacturers claim small parts in the products and the usual age limit in such toys is 3 years.
Now Rubik's want to start new sales campain with GANS and sue every retailer? The manufacturer states the origin of a product by the markings on the product and packaging. The retailer has nothing to do with the product. The seller of Mercedes has no proof at all that mercedes is original, maybe it's a Moskwitch.
All this will only hurt already bad reputation of Rubik brand even more. Not only that, if I was GANs company, I would be very concerned as it will hurt them a lot. The community loves to rebel, and cubers will even more likely grab Qiji, Moyu...
mafergut
Legend
Exactly. Many of those cubes that TheCubicle sells and are infringing Rubik's patents (according to them) are GANS puzzles, so they are also indirectly suing their new partner for patent infringment. That's not nice of you, Rubik's!
