[ChrisOc]

I have

Hum. Ok. This is clarified.

But I think there is a great risk of legal issues.

About the brand and model names.

On the face of it, there might appear to be legal issues, but in legal practice you have to disect the the facts to make the analysis.

Are they in the same industry?
Are they in competition in the same (geographical) territory?
Is the common or similar name likely to confuse the customer?
Has either entity registered the name in question?
Can either party afford the cost of litigation across all the relevant territories?
Is the point in dispute worth the cost?

For me any attempt to litigate this issue falls quite quickly. One party is using the name (spelt slightly differently (Aure and Aüre) as a brand name and the other as a model name. Although the question of brand names may well be a live issue (Aür and Aüre).

One party is using the name as a Custom In Ear Monitor (CIEM) business and the other as a Universal IEM (UIEM) business. Both parties are setup in separate territories but operating worldwide.

It is highly unlikely that either business has registered the name in their own territory let alone any other territory.

The risk of a customer being confused is real but if the businesses remain within their current specialism, a customer will quickly realise which business can sell them what they want, CIEM or UIEM.

Given the size of the businesses concerned, it is highly unlikely that either business can afford litigation in the relevant territories and in any case not in all territories.

In my view the prospects of success set against the cost and benefits, in such a matter, is so low, I would advise against commencing proceedings in this matter, not least because a model name is likely to come to pass soon enough, maybe even sooner than the litigation process will take, depending on which jurisdiction the matter is litigated.

Customer confusion is real but may not arise and if it does, it is easily resolved, and the litigation cost is just prohibitive, best for them to work around the issue.

 

[ChrisOc]

I did not know they were Singaporean. This makes it your second pair of Singaporean iems?

Singapore is snapping at heels of Hong Kong for Audio Capital status! Although it would be difficult to beat mainland China.

 

[DaveStarWalker]

I have

On the face of it, there might appear to be legal issues, but in legal practice you have to disect the the facts to make the analysis.

Are they in the same industry?
Are they in competition in the same (geographical) territory?
Is the common or similar name likely to confuse the customer?
Has either entity registered the name in question?
Can either party afford the cost of litigation across all the relevant territories?
Is the point in dispute worth the cost?

For me any attempt to litigate this issue falls quite quickly. One party is using the name (spelt slightly differently (Aure and Aüre) as a brand name and the other as a model name. Although the question of brand names may well be a live issue (Aür and Aüre).

One party is using the name as a Custom In Ear Monitor (CIEM) business and the other as a Universal IEM (UIEM) business. Both parties are setup in separate territories but operating worldwide.

It is highly unlikely that either business has registered the name in their own territory let alone any other territory.

The risk of a customer being confused is real but if the businesses remain within their current specialism, a customer will quickly realise which business can sell them what they want, CIEM or UIEM.

Given the size of the businesses concerned, it is highly unlikely that either business can afford litigation in the relevant territories and in any case not in all territories.

In my view the prospects of success set against the cost and benefits, in such a matter, is so low, I would advise against commencing proceedings in this matter, not least because a model name is likely to come to pass soon enough, maybe even sooner than the litigation process will take, depending on which jurisdiction the matter is litigated.

Customer confusion is real but may not arise and if it does, it is easily resolved, and the litigation cost is just prohibitive, best for them to work around the issue.

Well,

I think I'm not the only one to potentially confuse the two offers / brands.

Are they in the same industry?
Yes. Exactly the same.
Are they in competition in the same (geographical) territory?
Yes (Taiwan)
Is the common or similar name likely to confuse the customer?
This is a real discussion. I was.
Has either entity registered the name in question?
Good point.
Can either party afford the cost of litigation across all the relevant territories?
Good point. The bigger brand maybe.
Is the point in dispute worth the cost?
The only question. But it can be commuted to a juridic dispute. This is a real concern.


I thought at first that it was a new entry-level product from Aure Audio. And they propose Ciems and uiems.

it is otherwise misleading, in fact not very clear.
I specify otherwise that I have strictly no link with Aure Audio. I just own 2 of their... uiems.

 

[Carpet]

I have

On the face of it, there might appear to be legal issues, but in legal practice you have to disect the the facts to make the analysis.

Are they in the same industry?
Are they in competition in the same (geographical) territory?
Is the common or similar name likely to confuse the customer?
Has either entity registered the name in question?
Can either party afford the cost of litigation across all the relevant territories?
Is the point in dispute worth the cost?

For me any attempt to litigate this issue falls quite quickly. One party is using the name (spelt slightly differently (Aure and Aüre) as a brand name and the other as a model name. Although the question of brand names may well be a live issue (Aür and Aüre).

One party is using the name as a Custom In Ear Monitor (CIEM) business and the other as a Universal IEM (UIEM) business. Both parties are setup in separate territories but operating worldwide.

It is highly unlikely that either business has registered the name in their own territory let alone any other territory.

The risk of a customer being confused is real but if the businesses remain within their current specialism, a customer will quickly realise which business can sell them what they want, CIEM or UIEM.

Given the size of the businesses concerned, it is highly unlikely that either business can afford litigation in the relevant territories and in any case not in all territories.

In my view the prospects of success set against the cost and benefits, in such a matter, is so low, I would advise against commencing proceedings in this matter, not least because a model name is likely to come to pass soon enough, maybe even sooner than the litigation process will take, depending on which jurisdiction the matter is litigated.

Customer confusion is real but may not arise and if it does, it is easily resolved, and the litigation cost is just prohibitive, best for them to work around the issue.

Does China have a history of enforcing ANY intellectual property rights? Trademarks and copyright seem to be a black hole over there!

 

[DaveStarWalker]

Well actually, this is not the continental China but Taiwan.

 

[ChrisOc]

Well,

I think I'm not the only one to potentially confuse the two offers / brands.

Are they in the same industry?
Yes. Exactly the same.
Are they in competition in the same (geographical) territory?
Yes (Taiwan)
Is the common or similar name likely to confuse the customer?
This is a real discussion. I was.
Has either entity registered the name in question?
Good point.
Can either party afford the cost of litigation across all the relevant territories?
Good point. The bigger brand maybe.
Is the point in dispute worth the cost?
The only question. But it can be commuted to a juridic dispute. This is a real concern.


I thought at first that it was a new entry-level product from Aure Audio. And they propose Ciems and uiems.

it is otherwise misleading, in fact not very clear.
I specify otherwise that I have strictly no link with Aure Audio. I just own 2 of their... uiems.

I agree with you on all the points. It is really a issue which can (easily???) be resolved by the parties talking to each other.

It may be adding the name of the country, altering the second word to their names, Audio, Acoustics, Ears, Hifi etc. The aim being to ensure the customer is not confused.

I also have no stake in either, just a first time customer of Aur Audio Singapore.

 

[baskingshark]

One of the stores on AE has shared this :



Looks like the new version of Timeless coming up.

The irony is this IEM is called "TIMELESS". It isn't "timeless" if a Pro edition comes out to replace it. Even father time isn't kind to some hypetrain IEMs it seems!

Does China have a history of enforcing ANY intellectual property rights? Trademarks and copyright seem to be a black hole over there!

Well the KZ ZS6 looks suspiciously like the Campfire Andromeda LOLOL.

KZ ZS6

Campfire Andromeda



As for lawsuits within CHIFI, guess what, the KZ rep on FB claims they sued QKZ:

Perhaps lots of people were thinking QKZ was related to KZ LOL.

I ain't a lawyer, but I think it may be hard to enforce intellectual property there since a lot of smaller CHIFI companies mushroom out every few weeks, and some appear to be fly-by-night. Even if someone sues them, they just fold and open a new company somewhere else?

 

[ChrisOc]

Does China have a history of enforcing ANY intellectual property rights? Trademarks and copyright seem to be a black hole over there!

Yes, sometimes it seems to be a policy to turn a blind eye and concentrate on building the economy. However, sales abroad, invite litigation abroad, current dispute....do not quote me on that, as I cannot remember the parties.....Nokia and Oppo on Intellectual Property Nokia claims have been used without the relevant licences.

 

[DaveStarWalker]

The irony is this IEM is called "TIMELESS". It isn't "timeless" if a Pro edition comes out to replace it. Even father time isn't kind to some hypetrain IEMs it seems!




Well the KZ ZS6 looks suspiciously like the Campfire Andromeda LOLOL.


KZ ZS6


Campfire Andromeda



As for lawsuits within CHIFI, guess what, the KZ rep on FB claims they sued QKZ:

Perhaps lots of people were thinking QKZ was related to KZ LOL.

I ain't a lawyer, but I think it may be hard to enforce intellectual property there since a lot of smaller CHIFI companies mushroom out every few weeks, and some appear to be fly-by-night. Even if someone sues them, they just fold and open a new company somewhere else?

The "case"... betweeen KZ and Campfire is interesting...

Maybe because... the shell for Campfire is outsourced in China...

 

[baskingshark]

Tangzu Audio is following up on the Yuan Li, Shimin Li and Zetian Wu with a budget single DD set.

The Shangguan Wan'er



https://www.facebook.com/tangzuaudi...28jJk7x4BxPLa1B4dokJDJW1PUy8rvX8X3ofZrNuzoy3l



Ok I know this IEM Wan'er sounds like a W*NKER, but to give some background, the name "Shanguan Wan'er" is named after a very important female politican of the Chinese Tang Dynasty. Like the other IEMs in the Tangzu Audio stable, this IEM is named after famous Tang Dynasty royal figures. Wan'er was a female prime minister and she was the advisor to Wu Zetian (does this planar ring any bells?). Wan'er was a famous poet too.

https://en.wikipedia.org/wiki/Shangguan_Wan'er

So it seems the Tangzu Audio Wan'er is retailing at $19 USD. But for first adopters, there's an early bird promotion of $16.50 USD (12% off).

https://www.facebook.com/tangzuaudi...WAv4YhHn2s81gAMhvh8Ki8p7cGE9AaJ3NSuwu6Z43Ew7l



Seems other than this year being the year of the planar wars, it is also the year of the sub $20 USD ultra-budget wars - stuff like the Moondrop CHU, Salnotes Zero, various KZ/CCA pokemons etc being released fast and furious.

 

[Redcarmoose]

is it shouty?
i think that is the biggest concern from the graph

Well few hours have past, and I can say the Moondrop Planar Stellaris is not really shouty. Though it is taking elements and placing them way out into the stage, forward. Its temperament is a more up-front style, up away from the low end, to make a more midcentric focus. Yet it actually is the opposite of the TANGZU Zetian Wu in that there is way more spaced out imaging. In some ways it doesn’t sound like a planar at all? Where the Zetian Wu offers a great tune, technicalities are actually better with the Stellaris? Bigger imaging and faster decay, honestly this is incredible, just the transient response, that no other Planar to my knowledge has. But there is way less low-end than the TANGZU Zetian Wu, it’s a totally opposite tune! But the Stellaris is ridiculously fast! Whew! Timbre is totally correct too! Honestly this is in many ways the best planar experience I’ve had, it is truly good. So far the TANGZU Zetian Wu, HOOK-X, Diako, TINHIFI P1 Max and Kinera Celest Gumiho......this is what I have heard. The bass is totally there, yet fast and imagined well! It’s just controlled, clean and carefully done. Meaning even the bass is imaged well. Of course this is the Honeymoon.....but still I do know what I’m hearing.

Really this is going to make a fuss! Out of all six planars I have this one is special! I can hear every word they are singing in a rock song, that is unusual, no way does this sound like any $109.99 IEM I’ve heard before?

Using the Sony 1Z, Hansound Zen cable and wide-bore tips.

You know, it’s that borderline style, but that’s also what gives it the soundstage maybe. To tell you the truth, that was my main concern too...but I used a solid copper cable, and wide bore tips. It’s there........the aspect of forwardness which shows in the graph, yet it still is not burned-in yet, and the energy is not that bad? It’s not condensed into a tight area?

I’m happy as the slight bit of shouty-ness seemed bearable.....but I have no idea long term? I’m closer to basehead nature than treble head, or mid-forward head. I’ll know more in a week?

 

[lushmelody]

So it seems the Tangzu Audio Wan'er is retailing at $19 USD. But for first adopters, there's an early bird promotion of $16.50 USD (12% off).



https://www.facebook.com/tangzuaudi...WAv4YhHn2s81gAMhvh8Ki8p7cGE9AaJ3NSuwu6Z43Ew7l



Seems other than this year being the year of the planar wars, it is also the year of the sub $20 USD ultra-budget wars - stuff like the Moondrop CHU, Salnotes Zero, various KZ/CCA pokemons etc being released fast and furious.

Tangzu is winning in aesthetics tho. Even budget looks premium.

Detachatable cable is also a nice pro as some brands think ~$20 is not worth of such feature. And as everyone notes about Tangzu, it might come with decent accessories. Pretty nice. Graph looks like an Aria for 1/4 price. Hope it is.

 

[Redcarmoose]

S) Moondrop Planar Stellaris
A) WANGZU ZETIAN WU
B) RAPTGO HOOK-X
C) TINHIFI P1 Max
D) 7Hz x Crinacle Salnotes Dioko
D) Kinera Celest Gumiho

 

[Surf Monkey]

S) Moondrop Planar Stellaris
A) WANGZU ZETIAN WU
B) RAPTGO HOOK-X
C) TINHIFI P1 Max
D) 7Hz x Crinacle Salnotes Dioko
D) Kinera Celest Gumiho

Bold statement.

 

[Redcarmoose]

Bold statement.

The storm will arrive.....and truth will be known.