An important announcement from MLS at AV123

Discussion in 'Archived Threads 2001-2004' started by Parker Clack, Jul 2, 2002.

  1. Parker Clack

    Parker Clack Schizophrenic Man
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    Mark Schifter at AV123 sent me this information for me to pass on our members regarding the Diva line of speakers and the new Rocket speakerline they will be carrying.
    __________________________________________________ _______
    The future of DIVA…
    Dear Friends:
    I hope this important communiqué finds all of you well. Believe me when I share with you here at the outset, this has been a very challenging letter to write. Today, I have important information to disseminate about our status with DIVA, and a new brand called Rocket Loudspeakers by ONIX. I’ve chosen to put all of this information in one letter so as to (hopefully) not confuse anyone.
    Several years ago when we began this DIVA project most of my friends in the industry told me I could never market loudspeakers direct via the Internet. I felt then, as I do now… that if we made the very best possible product we could, and priced it in a competitive manner… that this would be the better part of the winning equation. In the final analysis, I’m proud to say that I was right. The “X” factor of course was to bring this product to market with the kind of people, and company back up, that I could be absolutely proud of. To that end, I feel that all of the folks that make up the team at av123.com have done a sensational job serving the brand… and in doing so… all of you. Well… this letter is all about the best laid plans that someone like me brings to this equation.
    I want to begin by emphatically stating that we all love DIVA dearly. I’m very proud of the product and of my personal relationship with the factory and its founder, Mr. HongBo Yao. Mr. Yao and I are friends first and foremost, and I’m his ardent fan, and supporter. I feel the folks at Swan’s have tried very hard to meet and exceed our expectations in all quarters, and I feel a special closeness with our family and friends at the factories in Zhongshan, ZhuHai, and PanYu. Sometimes, market issues and special circumstances force change… and today friends we have been faced with just such extraordinary conditions. I feel I should make clear with a bit of explanation as to what will happen next.
    For some time now all of us at av123 have been trying to cope with some very important issues that continue to hang over our heads. While I cannot get into tremendous detail here, this has to do with some possible legal entanglements stemming from potential infringements of “Trade Dress” (mounting the tweeter on top of the cabinet as used by another company), and the use of the actual name, DIVA. These are very serious matters and we find ourselves in a precarious position.
    As stated, we dearly love the people and the products that make up DIVA, but we can no longer insure a complete and sustainable supply chain of finished goods, with these and other equally serious matters looming. Please do not misunderstand, we continue to think very highly of the DIVA product (as all of you know)… but these matters are in the hands of others, and not directly in my control. We know of several companies that have been legally enjoined, or are under severe distress due to this “Trade Dress” matter. I can assure you with what I know that this matter will not be going away any time soon.
    These potential vulnerabilities begged a solution. After some long discussions amongst ourselves here, and after considerable input from key people in design and engineering quarters from several countries… we decided to develop our own line of speakers. May I take this opportunity to introduce you to Rocket Loudspeakers by ONIX. These products are in many ways the culmination of my 32-years in this industry, and they represent a GREAT leap forward in every respect.
    Let me state flatly that these products are not just an evolutionary step… but more… they really advance the entire DIVA thought and design process in every sense. Why… because we have the power of hindsight on our side, and we could clearly optimize all of the parameters in this “second step” so to speak. As an example we have “partnered” with the original inventor / manufacturer of the DIVA shape (cabinets) and style, and redid every important element. These new computer–optimized designs are more optimally shaped, and use very special integrated bracing techniques which results in a cabinet that does not “talk” in any way. The results are just outstanding. It’s all there… resolution of the fine details, superb dynamics, with unmatched focus AND slam. But let’s not stop there. We achieved this by calling on the very best technical people we know of… and creating “our sound” from the first day… our very own “sonic signature”.
    We hired the best driver and crossover designer in the world (in my opinion)… the legendary Dick Pierce, and we custom designed every element in these speakers from top to bottom (outside of the world famous VIFA XT-Series Ring Radiator Tweeter which we buy direct from VIFA in Denmark). These speakers will re-define their price classes once again. They represent our very best possible work. Compare them to anything 2 or 3 X the price… you’ll not be disappointed.
    These new Rocket Loudspeakers by ONIX can be found at our new web site; www.rocketloudspeakers.com. This site will continue to evolve over the next few months, but my guess is you’ll get the message loud and clear.
    Let me state in the clearest possible terms that we will carry on in our efforts to offer the very best “after sales support” for the DIVA line, and while our inventories of new product last… we will continue to sell all of the DIVA models until we exhaust our inventories. This is, after all… our responsibility, both to you… and the brand. All of us at av123.com do not take this or our continued responsibilities lightly. You can depend on us in every way.
    While these lingering matters are most unfortunate, I speak for everyone here when I say that a new and better day has now come. These Rocket speakers will amaze everyone… and I’ve put every bit of my personal expertise and imagination into making these products better in every respect. This is no small feat when you consider just how wonderful the DIVA product line has been to all of us… and how it has evolved with our guidance. Rocket Loudspeakers will shine brightly in an industry and product group filled with unimaginative black boxes covered in grill cloth. You’ll instantly see and hear exactly what I mean when you discover the magic of these products.
    As always… let me take this last paragraph to thank all of you. DIVA has become what it is because of you… and no one here will ever forget that. New history is about to be made with Rocket… and all of us, together.
    I promise to be here to answer your inquiries over the course of the next 4 to 5 days as I prepare to head back to China on the 9th to meet with our friends from Swan’s to discuss all current and future matters, and to prepare for additional product introductions for our Rocket Loudspeaker brand. I’ll do my very best to answer your questions and concerns… and impart any information that I can share… in a timely and complete manner.
    With humble thanks and sincerest gratitude,
    Mark L. Schifter
    President and Founder
    Perpetual Technologies / av123.com
    __________________________________________________ ________
    --Parker
     
  2. Warren_Sc

    Warren_Sc Second Unit

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    So, if I am reading this corrrectly, AV123 won't be selling Divas after they depelete their inventory because there is a patent issue with the mounting the tweeters on top of the speakers? Because of this issue, Mark designed the Rocket line (which is even better than Diva)?

    Do you think they'll come in maple instead of that rosewood?
     
  3. DavidRT

    DavidRT Auditioning

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    Warren,
    The way I understand it, that is pretty close, but it isn't a "patent" issue, but a "trade dress" one. The difference being that while the "other" company may not have a patent, they were the first, and they are a huge company determined to protect their product. AV123 scared them with the success of Diva, and Mark chose to design an entirely new and improved line rather than fight over it. I have heard that rosewood will be the only available finish for the time being.
     
  4. Magpile

    Magpile Auditioning

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    Is the closing down of the shell corporation Diva for the purpose of stopping a lawsuit on its tracks due to it not existing anymore? If so, how can Diva speakers be supported unless there was another sleigh of hand transaction where Onix bought the rights of Diva's inventory and various other things, except for its debts and lawsuits.

    I think Dow-Corning proved that if the lawyers are aggressive enough, shell corporations will not isolate the parent from legal obligations.
     
  5. Alex Prosak

    Alex Prosak Supporting Actor

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    Swan, the producer of Diva speakers, is not a shell corporation. They will continue to produce speakers, AV123 is just taking a step back from that line due to the "trade dress" and other issues. I believe Onix speakers will be made in the same factory as the Divas. I'm sure AV123 will do all they can to help support those who have already purchased Divas. I believe you can also get drivers for the Divas through partsexpress.com.
     
  6. felix_suwarno

    felix_suwarno Screenwriter

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    what is wrong with the name "diva"?
     
  7. Alex Prosak

    Alex Prosak Supporting Actor

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  8. DavidRT

    DavidRT Auditioning

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    Alex,
    I think you hit the nail on the head. That's my take on the situation anyway, although Onix is a separate line owned by AV123 and not being produced in the same factory.
    Magpile,
    AV123 is a pretty well respected and valued company around here, so there is no need to provide us with any uninformed bashing.
     
  9. Ted Todorov

    Ted Todorov Cinematographer

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  10. Alex Prosak

    Alex Prosak Supporting Actor

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    Ted,
    I agree it's completely out of hand. What I meant to say but obviously didn't communicate correctly was that another speaker manufacturer already claimed the name Diva.
    Hmmm...I think I'll go sue the drug company that makes Prozac for all the crap I've taken over the years. I've been around a lot longer than the drug.[​IMG]
    Alex
     
  11. Walt N

    Walt N Second Unit

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    You know how it is, all a large company has to do is threaten to outspend a small company to make their point and it's usually enough. A particularly good point or argument really isn't necessary in cases like this.
     
  12. Larry B

    Larry B Screenwriter

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    Without knowing all the facts, and without a thorough understanding of the relevant law, I don't see how anyone can make a determination as to who is "right" and who is "wrong" in this issue.

    Larry
     
  13. Larry B

    Larry B Screenwriter

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    Alex:

     
  14. Larry B

    Larry B Screenwriter

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    Ted:

     
  15. Alex Prosak

    Alex Prosak Supporting Actor

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    Basically, I think corporate attorneys are completely out of hand. I'm just sick of the fact that it is so easy to sue damn near anyone over anything. My coffee is too hot, there was a scratch in my new Bimmer, etc.

    Obviously without knowing the specifics regarding B&W vs. Diva, Tannoy, Wharfdale, et al and the "trade dress" issue its darn near impossible to say who is right or wrong. The impression I get is that B&W (it was never stated in fact it was B&W but who else would it be) is going after them because their speakers look similar. B&W never patented the look of their speakers, they patented the design of the tweeter/midrange housing and how it relates to sound dispersion. While the other companies may have found sonic benefits to mounting their tweeters on top of the cabinet like B&W they certainly haven't infringed on B&Ws patent. Heck, maybe the first company to ever manufacture a speaker in a rectangular box should go after every company that has since made a speaker in a rectangular box.

    Just for the hell ofit, I'll have to discuss this with the attorneys in the family.
     
  16. PomingF

    PomingF Second Unit

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    Alex, you hit it right on the head. Imagine if Bose is the first came up with the boxy speaker audio technology would be at a stand still. Btw, ever heard of legal harassment and that's what in house consults are for.

    PF
     
  17. Paul_Fisher

    Paul_Fisher Screenwriter

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  18. Larry B

    Larry B Screenwriter

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    Alex said

     
  19. Ted Todorov

    Ted Todorov Cinematographer

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  20. felix_suwarno

    felix_suwarno Screenwriter

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    what made them change the tweeters from silk to metal? anything that has got to do with copyright infringement?
     

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