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Author Topic: False advertising/Fraud  (Read 11538 times)
rrcraig
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« on: April 25, 2006, 06:28:42 PM »

There are at least four different manufacturers of spring stilts, the German company PowerSkip <http://www.powerskip.de/>, the American brand Velocity Stilts <http://stiltwerks-inc.com>, the Korean company Powerisers <http://www.poweriser.co.kr>, and the Chinese company Fly Jumper <http://www.flyjumper.com>.  While the products these companies offer are similar, they are not the same. 

The problem is that some web retailers treat the names as if they are interchangable.  for example, the Canadian website Extreme Toys for Boys <http://www.extremetoysforboys.com> advertised Powerisers, using the Powerisers logo and making no reference to other brands.  I ordered what I thought were a pair of Powerisers but received a set of Fly Jumpers instead. 

I see on the Street Gadgets website <http://www.streetgadgets.com> they blend the names and say they offer Poweriser Fly Jumpers.  (There is no such thing as a "Poweriser Fly Jumper.")  Their "want to know more" link  contains information lifted verbatim from the instruction manual that came with my Fly Jumpers yet another poster to this forum says that Street Gadgets assured him that they carry only Powerisers.  Has anyone on this forum ordered product from them?  What did you recieve?

As far as I know, it is not legal in any country for retailers to advertise one brand and deliver another, otherwise car dealers could take orders for BMWs and deliver Yugos.  The retailers should honestly advertise the products they sell and when they don't, they should be held accountable.  If you have been the victim of false advertising, please complain to the company and file a report with the proper authorities.  An excellent resource for consumer protection agencies in the US and Canada can be found at <http://www.crimes-of-persuasion.com/Victims/reporting.htm>.

Let's begin a thread to share information about deceptive retailers and to warn potential buyers.  I have already reported to the Powerisers company that Extreme Toys for Boys is using the Powerisers logo to sell Fly Jumpers and will soon report them to the Better Business Bureau Online and other consumer protection agencies. 

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« Reply #1 on: April 25, 2006, 07:45:10 PM »

Heres the Issue rrcraig,

As you are aware of, and we are aware of...

There are four manufacturers, German, (powerskip) Korean (Powerisers), Chinese (Fly Jumper), and Of course Velocity Stilts, (USA).

I'm not sure who is currently paying royalties, and who is not...

So, to report someone to the BBB or other consumer protection agencies, without solid evidence is a little harsh, and makes further claims more difficult to process.

There is possible patent infringement going on, as the original inventor is Alexander Bock.  His patent info can be obtained off of www.powerbockresources.com if you are curious as to see it.

The chinese have filed a bogus patent, that is currently infringing on this original patent, which was filed 7 years ago.  (This may be hearsay, as i've only heard this mentioned in other forums.)

As far as logo use goes, that is up to the Company to puruse. 

I will add the rest of the information to this posting, when i get home... as im at work, and it's time to close up.

Expect the rest of this soon.
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amphalon
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« Reply #2 on: April 26, 2006, 09:09:34 AM »

I recently wrote to www.streetgadgets.com and got the following response:

"We only stock the Powerisers.

They come back into stock in approx 3 weeks, i would advise you to order and we will put you on back order.

Kind regards

Martin"

Does anyone know if  www.play.com supply powerisers or flyjumpers?

Cheers

Tom
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« Reply #3 on: April 26, 2006, 12:27:58 PM »

I purchased my Powerisers from Play.com so yes they are indeed selling Powerisers and not Flyjumpers.
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« Reply #4 on: April 26, 2006, 01:47:41 PM »

dear all

i work for elron enterprises ltd, who are the exclusive UK distributor of the POWERISER.

I will try to briefly explain this whole conundrum as a poweriser user in the know, as opposed to as an amployee of the distributor.

Basically:-

1. Product design invented & patented by German Alexander Bock - this is the powerskip.

2. Product copied by Koreans, and sold all over the world,as they are obviously lots cheaper than the powerskips - these are powerisers.

3. Any distributor, (like Elron Enterprises) who wants to sell powerisers in any of the patent countries, which is the US and most of Europe, have to pay royalties to the German inventor. This is 1 reason the product is expensive. IMPORTANT - it is not the manuafcturers job to pay royalties, as they do not care about patents in some parts of the world. What they do have to do is inform their distributors that they should pay royalties.

4. Chinese company have made copy called Flying Jumper, (not available in the UK) - this is the flying jumper - the problems start here as the Chinese are not telling distributors that they have to pay royalties.

5. IMPORTANT - beware of other chinese companies offering 'powerisers' 'flying jumpers' 'superpowerisers' etc. Ther are either very cheap and very dangerous copies or they just take your money and do not actually have anything at all. Ha Ha!

Better safe than sorry normally, go with the reputable retailers and avoid the problems of a lot of people trying to jump on the back of the new craze.

JAKE
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amphalon
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« Reply #5 on: April 26, 2006, 03:11:14 PM »

Thanks for clearing that up Jake.  So Powerisers are the way forward!

As the UK distributor, do you have any information about the rumoured new versions which might be appearing in May?  Will there be new Powerisers?

Cheers

Tom
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rrcraig
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« Reply #6 on: April 26, 2006, 03:33:05 PM »

Issues of patents and royalties are for the companies to fight out among themselves.  This has nothing to do whatsoever with my complaint.  The issue that I have is that some retailers are advertising one product and selling another. 

I've seen some good reviews of Fly Jumpers here in these forums recently.  If I had seen Fly Jumpers advertised on a website and had read these reviews before I bought, I may well have chosen to purchase them.  But that choice was taken away from me.  I was familiar with the Powerisers name and when I saw their name and logo and photos of Powerisers at www.extremetoysforboys.com I ordered a pair.  But Fly Jumpers were delivered.  Now, I don't give a toss who owns what patent or who pays royalties to whom.  I do know that I ordered one product and was given another.  I don't see how this could be a simpler case of false advertising. 

dominion says:
"So, to report someone to the BBB or other consumer protection agencies, without solid evidence is a little harsh, and makes further claims more difficult to process."

My evidence is an invoice that says "Powerisers" and a box of spring stilts labelled "Fly Jumpers."  How much more solid evidence is needed that I was delivered something other than what I paid for?

Can we not agree that the retailers should actually deliver the product that they advertise?
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« Reply #7 on: April 26, 2006, 03:40:32 PM »

Thanks for clearing some stuff up jake.

I agree with rrcraig here, we don't really need to know about the history of powerbocks, as the simple fact is that they sold Fly Jumpers to someone who thought they were buying Powerisers.

Can't rrcraig send them back and wait until the invoice is satisfied, and he is delivered Powerisers (or a refund)?

But then there are the others who will buy from the company thinking they'll get what they won't. It is clearly wrong for them to advertise them as Powerisers, and probably (among other reasons) a way to rank higher in the search engines for the more popular keyword 'Powerisers'.

Has anyone emailed the company to ask them to sort it out?
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rrcraig
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« Reply #8 on: April 26, 2006, 05:44:25 PM »

Matt asked if I've e-mailed the company to try to sort it out:

I've had a lengthy correspondence with Chris Marsh of Extreme Toys for Boys.  First I asked if I had been sent the correct product.  He replied that Fly Jumpers were the newest model of Powerisers.  When i investigated and found that they were made by different companies, he replied that the Poweriser company does not have the rights to distribute Powerisers in the US.  This seemed odd to me so I used the Trademark Electronic Search System (TESS) to verify that the Poweriser company of Korea does own the Poweriser trademark in the US.  His final reply to me is that because his website contains a disclaimer that products and prices may change, he has the right to switch brands at will.  I'm no legal scholar but I believe he is required to change his advertising when he changes the brand he offers.

Matt's solution is the one I proposed to Extreme Toys for Boys:  That they fulfill their contract and send me the Powerisers that I paid for and I would return the Fly Jumpers.  Mr. Marsh now claims that he cannot do that because Powerisers are not available anywhere in North America.  Does anyone here know if this statement is as accurate as his previous statements?  Has anyone recently bought Powerisers from a North American distributor? 

If he's right and I can't order Powerisers from a North American distributor then I certainly don't want to just get a refund for the Fly Jumpers and end up with nothing.  If they have to order a pair of Powerisers from Korea in order to fulfill their obligation then let them do that. 

BTW, Mr. Marsh tells me that he is changing brands once again.  The web site has also changed and now offers "Powerizers" spelled with a "z."  I have not heard of these before but I would bet that it is another Chinese brand.   Does anyone have any experience with Powerizers?


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« Reply #9 on: April 26, 2006, 05:52:35 PM »

rrcraig,
I'm not an expert on Powerisers in the U.S., but I would suggest that you phone up the company, as that might get it sorted faster than emails would.
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rrcraig
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« Reply #10 on: April 26, 2006, 07:56:26 PM »

Chris Marsh, the person I've been corresponding with, is listed as the CEO/President of Extreme Toys for Boys, located in Calgary, Alberta, Canada.  So it appears to be a small, perhaps a one-man, operation.
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rrcraig
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« Reply #11 on: April 26, 2006, 08:40:22 PM »

I did some web surfing and found that the new entry to the market, Powerizers, are manufactured by Blue Ocean Extreme Sports Company, ltd. of China.  Not only is the spelling of their product extremely close to Powerisers, but in the logo the letter "z" is a stylized flame/thunderbolt which is backwards so it resembles the letter "s" more than it does the letter "z."  They have also taken the domain name <www.powerskip.net>, on which they are advertising Flying Jumpers as well as other products.  The legitimate PowerSkip website is <www.powerskip.com>. 

In the United States, a case of trademark infringement may be made in cases where confusion between brands is likely to result.  It appears that the Chinese manufacturer is trying to create as much brand confusion as possible.  Let the PowerBocker beware!
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« Reply #12 on: April 26, 2006, 08:41:54 PM »

caveat powerbockor!
It's such a shame that the whole situation is a shambles. They're such cool things, but the story behind them is a mess.
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« Reply #13 on: April 27, 2006, 02:26:39 PM »

Issues of patents and royalties are for the companies to fight out among themselves.  This has nothing to do whatsoever with my complaint.  The issue that I have is that some retailers are advertising one product and selling another. 

I've seen some good reviews of Fly Jumpers here in these forums recently.  If I had seen Fly Jumpers advertised on a website and had read these reviews before I bought, I may well have chosen to purchase them.  But that choice was taken away from me.  I was familiar with the Powerisers name and when I saw their name and logo and photos of Powerisers at www.extremetoysforboys.com I ordered a pair.  But Fly Jumpers were delivered.  Now, I don't give a toss who owns what patent or who pays royalties to whom.  I do know that I ordered one product and was given another.  I don't see how this could be a simpler case of false advertising. 

dominion says:
"So, to report someone to the BBB or other consumer protection agencies, without solid evidence is a little harsh, and makes further claims more difficult to process."

My evidence is an invoice that says "Powerisers" and a box of spring stilts labelled "Fly Jumpers."  How much more solid evidence is needed that I was delivered something other than what I paid for?

Can we not agree that the retailers should actually deliver the product that they advertise?


Re-reads:

I apologize for reading that too quicky.  You are 100% right about receiving the product that you thought you were ordering.

As far as superdairy boy goes, Chris sounds horribly mis-informed, or there are a lot more fishy things going on than we all know of.

If he's selling something different than what he is advertising, he should change his advert to reflect that.

I apologize for the confusion.
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rrcraig
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« Reply #14 on: May 05, 2006, 07:23:12 PM »

Folks,

Let's share information here about what vendors are advertising versus what they are delivering. 

Recently it seems that the Chinese company that makes Fly Jumpers has re-named their product "Powerizers."  Both ExtremeToysForBoys and BOSSBI are now advertising "Powerizers" instead of Powerisers.  If you order from one of these companies, be aware that you are not getting Powerisers but the Chinese knock-off.

Worse, before they changed their website ExtremeToysForBoys were advertising Powerisers but delivering Fly Jumpers.  If you have come across a vendor that isn't delivering the product you are paying for, please post that information here to warn future customers.
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