Brass Eagle announces settlement of Odyssey lawsuit

[hitech]

Originally posted by shartley

Irrelevant. And I say that because OPP has not only posted their "case" for public viewing, but TWICE pointed back to the original Press Release dealing with the settlement (which ONLY mentions OPP paying BE money)...If indeed BE had to give up something more valuable (must have actual monetary value since what OPP has to pay them IS money) I would LOVE to hear about it. But until I do, or anyone does, any arguments about what "might" have happened is totally irrelevant. ...

I disagree. It is certainly possible that they are restricted from disclosing what BE had to give up. I'll probably never know, but I still claim that it is possbile. Given that we CAN'T know all the details, WE can't determine the "winner". Other than the attorneys.

[Kevmaster]

I dont think, after talking with some of the people at Brass Eagle I know, that you will hear a peep outta them on this issue. the Press Release is their statement and that's all they are willing to comment on. Dont expect Lynn Scott or anyone else to come in here and post on AO about their side of the case. They felt that Ody was infringing on a product they make and have patented, because of that--right or wrong--they tried to protect that intellectual property. The way it ended up was an out of court settlement.

Next, I dont think EITHER side would have settled out of court if they were sure they would win. In court, you can counter sue for lawyers fees if they lose, so Ody--most likly--could have regained their losses in lawyers and wouldnt have settled if they knew BE would lose. BE wouldnt have stopped short of virtually destroying Ody if they were sure they would win.

Finally, Tex, In speaking with BE staff(not gunna mention names here) I was informed that you will not be making a HALO A or B for four (4) years. That contradicts what you had to say in some previous posts....thats all


Thanks Tex!

[Marchborne]

Originally posted by shartley
Webby and Marchborne


Good points, but nothing I don't know (or even agree with). My arguments and statements were not meant to be "legal" alone. There was more to it. And I am sure you both realize that.

Nah, I was with ya, Sam.

Going OT for a sec: To all those with the (potentially, maybe I'm misreading 'em) lawyer-bashing comments, would you say "only the plumbers win" if your faucet blew up because of a manufacturing defect, and you argued with tha manufacturer over who should pay for it? You would be amazed at the number of times settlements are actually encouraged by lawyers, because they see things objectively, and without the prejudice caused by being overly passionate about your "cause."

Ah, heck with it, back on topic. At least the parties settled, and (1) can now put their funds to better use (e.g., sponsor ME); (2) gave us more fun topics to chew on.

[Marchborne]

Originally posted by Kevmaster

In court, you can counter sue for lawyers fees if they lose,

Actually, in America, you usually DON'T get to recover your legal fees from the other side if you win. Usually when that happens, the issue of "the loser pays" came from a contract, or a specific statute. If you look at Black's Law Dictionary, under "American rule," you find: "1. The requirement that each litigant must pay its own attorney's fees, even if the party prevails in the lawsuit." But, there are some exceptions.

[Kevmaster]

well, then, i suppose im wrong any maybe Ody did have some advantage in stopping now...

[shartley]

Re: Right On!

Originally posted by thetex
Your right. Sometimes you have to think outside the box to do what we do. Being part of the status quo is not always desirable either. You have to challenge the system to make yourself established as being the tip of technology. And you have to observe, defend, make your point and establish your presence every chance you get when your small. Some call it being a renegade. That's OK. Cool! We call it, "IT'S ALL WE'VE GOT." That's why small companies act different than larger ones.
Hey, now maybe I can act more like them and take out a magazine add???? We'll see.
Shartly,
I have one very important question for you and you better not skate around it.
Who's buying?
Later,
TEX

LOL I would buy, of course.

(But for some reason, I would bet that out of good form, you would end up getting the next round. )

[shartley]

Originally posted by Marchborne


Nah, I was with ya, Sam.

Going OT for a sec: To all those with the (potentially, maybe I'm misreading 'em) lawyer-bashing comments, would you say "only the plumbers win" if your faucet blew up because of a manufacturing defect, and you argued with tha manufacturer over who should pay for it? You would be amazed at the number of times settlements are actually encouraged by lawyers, because they see things objectively, and without the prejudice caused by being overly passionate about your "cause."

Ah, heck with it, back on topic. At least the parties settled, and (1) can now put their funds to better use (e.g., sponsor ME); (2) gave us more fun topics to chew on.

All I have to say is.... yup.

[cphilip]

Ok Tex, Chris or whomever can speak for Odyssey...

a few questions...

If I call you tomorrow and order some Halo B's will you have them?

And will you be allowed to sell them?

(Those two go to legality and supply so I seperated them)

And if indeed you have them, how long can you sell them?

Or...

Is there a deadline or is the product going to be allowed to be sold under this agreement?

Here are the answers I need/want:

1) Yes
2) Yes
3) Forever
4) No

So what is it Tex? Or Chris?

[thetex]

Answers to questions.

Originally posted by cphilip
Ok Tex, Chris or whomever can speak for Odyssey...
a few questions...
If I call you tomorrow and order some Halo B's will you have them?
And will you be allowed to sell them?
(Those two go to legality and supply so I seperated them)
And if indeed you have them, how long can you sell them?
Or...
Is there a deadline or is the product going to be allowed to be sold under this agreement?
Here are the answers I need/want:
1) Yes
2) Yes
3) Forever
4) No
So what is it Tex? Or Chris?

1. If you call tomorrow it depends on what quantity your looking for. We have changed our production facility to accomidate higher volumes. People have known about this long before the case was settled. It should be on line soon. Bottom line, if you are looking for one loader we have them. If you are looking for a large order you have to wait in line.
2. Yes we are allowed to sell them.
3. We will never stop supplying the paintball industry with HALO.
4. We cannot and will not discuss the terms of the agreement. If it were to be interpreted incorrectly by BE, action could be brought for breech of contract. I can not confirm or deny anything unfortunately.

The case is settled and that is all we can say.
I'll put it to you this way. OPP is happy with the settlement. In what I'm reading, I'm not so sure about BE.
OH well. Life goes on.
Want a HALO?
TEX

[cphilip]

OK fair enough and did not realy need you to tell me more. That was all I think we needed to know.

Nope tis not large, although I wish it was! But a small order of a half dozen or so... I will give Edward a call... see what you got!

Thanks Tex.

[Kevmaster]

Tex, Ive been told by BE that you are no longer allowed to produce the HALO B and HALO A. Is that just BS to impress me or is that the case

[manike]

Kev, he might not be able to answer that because it would be talking about the agreement...

[Kneedragger]

Originally posted by Kevmaster

Next, I dont think EITHER side would have settled out of court if they were sure they would win. In court, you can counter sue for lawyers fees if they lose, so Ody--most likly--could have regained their losses in lawyers and wouldnt have settled if they knew BE would lose. BE wouldnt have stopped short of virtually destroying Ody if they were sure they would win.

Sorry, but that's absolutely false. Winning a law suit does not give you the right to recover your legal fees. The legal system allows everyone their day in court. Win or lose you have your right to be heard. You can only counter sue if you can show malicious intent, which is extremely hard to do.

[Kevmaster]

thanks, but weve already established that i was wrong

Manike...I know, he may not be able to discuss it, however he implis that he will be making more of them in his post to Phil, So i was just wondering if there was a difinitive answer

[cphilip]

I think we got all the answer we will get and will need.

1. If you call tomorrow it depends on what quantity your looking for. We have changed our production facility to accomidate higher volumes. People have known about this long before the case was settled. It should be on line soon. Bottom line, if you are looking for one loader we have them. If you are looking for a large order you have to wait in line.
2. Yes we are allowed to sell them.
3. We will never stop supplying the paintball industry with HALO...