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HTE Lawsuits
Original
Chi Machine vs Imitation "Chi
Machines".
The original Chi Machine ® is a
trademarked name, and patented product.
There are multiple imitations that use
the name 'The Chi Machine' which is fraudulent and
misleading. There is only one original Chi Machine
®, the Sun Ancon - originally named Sun Harmony -
distributed exclusively by HTE, created by acclaimed
Japanese scientist, Dr. Inoue.
 
Dr. Shizuo
Inoue and Hsin Ten Enterprise
Chairman Gordon Pan.
HTE
USA Settles lawsuit against Celebrity.
Farmingdale, NY, February 23, 2001.
Hsin Ten
Enterprise USA, Inc. ("HTE USA") today announced that
it has settled its lawsuit against Celebrity and
its principals, Blaine Ferguson and Edward J. Sula,
Jr. The suit, commenced by HTE on August 24, 2000 in
the United States District Court for the Eastern
District of New York, alleged that Celebrity,
Ferguson, and Sula infringed U.S. Patent No.
5,107,822, U.S. Patent No. Des. 329,499, and HTE's
trademark THE CHI MACHINE ®. Also at issue in the case
was HTE's tortious interference claim involving
Celebrity's alleged practice of building its sales
force by knowingly recruiting distributors from HTE's
sales network, and using HTE's confidential and
proprietary information to do so.
Celebrity, Ferguson,
and Sula, have discontinued their sales of
Celebrity's NX-1 machine.
"HTE USA ª intends
to continue to monitor the marketplace and to take
appropriate legal action to protect its valuable
intellectual property rights and its distributor
network," said Richard Chuang, President and CEO of
Hsin Ten Enterprise USA, Inc.
HTE
USA is a New York based seller of health related
products, including the patented original 'THE CHI
MACHINE' ® therapeutic massager. NY2-1170825.1
HTE
USA Settles lawsuit against Home Shopping
Network and Alexandria Sugaring Products -
Farmingdale, NY, April 17th, 2001.
Hsin Ten
Enterprise USA, Inc. ("HTE USA") today announced that
it has settled its lawsuit against Home Shopping
Network, Inc. ("HSN") and Alexandria Sugaring Products
Inc. ("Alexandria"). The suit, commenced by HTE USA on
January 12, 2000 in the United States District Court
for the Eastern District of New York, alleged that HSN
and Alexandria infringed U.S. Patent No. 5,107,822 and
U.S. Patent No. Des. 329,499 by the manufacture and
sale of the Oxyciser and Oxyflow machines.
Under the
settlement, both HSN and Alexandria have
discontinued their manufacture and sale of the
Oxyciser and Oxyflow machines. In addition, under
the settlement, a monetary payment was made to HTE
USA by both defendants.
In addition, a
consent judgment was entered by the Court against
Alexandria in which HTE USA's patents were held to
be valid and infringed by the manufacture and sale
of the Oxyciser and Oxyflow machines.
"HTE USA is pleased
with the settlement and the Court's judgment and
intends to continue to monitor the market place and
to take appropriate legal action to protect its
valuable intellectual property rights" said Richard
Chuang, President and CEO of Hsin Ten Enterprise
USA, Inc.
HTE USA is a New York based seller of
health related products, including the original
patented THE CHI MACHINE ® therapeutic massager.
Hsin
Ten Enterprise USA Inc. v. **** Enterprises, et
al.
Mealey Publications - NY, Jan. 8, 2001.
The New York
long-arm statute provides jurisdiction in federal
court in Manhattan over a Kansas company named in a
patent and trademark infringement action by a New York
corporation, a federal judge ruled Dec. 29 (Hsin Ten
Enterprise USA Inc. v. **** Enterprises, et al., No.
00-5878 [SAS], S.D. N.Y.).
U.S. Judge Shira A.
Scheindlin of the Southern District of New York
refused to dismiss claims asserted by Hsin Ten
Enterprise USA Inc. against **** Enterprises Inc.
However, the judge dismissed claims against ****
Enterprises proprietor Mr. **** for lack of
jurisdiction.
Judge Scheindlin
based her jurisdictional findings on the sale of the
allegedly infringing product through a website
operated by **** and available to New York
residents.
Hsin Ten, a New York
company, has the exclusive right to manufacture, use
and sell aerobic exercise machines under two patents
owned by Skylite Industry Ltd. Hsin Ten also sells
an "electric massage apparatus" under the mark "The
Chi Machine"; Hsin Ten owns the mark.
**** Enterprises, a
Kansas company owned by Mr. ****, began selling a
machine called "The Chi
Exerciser 2000" in January 2000. Hsin Ten
alleged that the machine infringes the Skylite
patents and that its name infringes its trademark.
Source: Mealey
Publications offers attorneys case summaries, news
and information in 25 areas of law.
- www.lexisone.com
On October 17, 2001,
**** Enterprises, Salina, Kansas, concluded
litigation. The Settlement Agreement resolved all
claims between **** Enterprises and HTE. The precise
terms of the Settlement Agreement are confidential.
As part of the
Settlement Agreement, **** Enterprises is permitted
to sell its passive aerobic exerciser, The Exerciser
****. For those interested in the exact final
outcome of this litigation, contact the United
States District Court for the Southern District of
New York to request a copy of such.
Further
References:
Hsin Ten
Enterprise USA Inc. v. **** Enterprises
- www.nysba.info
Hsin Ten v. ****
- www.mealeys.com
Hsin Ten Enterprises United States v. ****
Enterprises & C.D. ****
- eon.law.harvard.edu
Intellectual
Property In Cyberspace:
- cyber.law.harvard.edu
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cyber.law.harvard.edu
- December 28,
2000 - 00 CIV. 5878 (SAS) - Shira A. Scheindlin
For The Record:
Lawsuits
between rival products are unfortunately common
place in American society. This information has
been provided due to public interest and is not
meant to be intentionally derogatory or make any
negative statement regarding the quality and
standards of the above mentioned companies and
their products. Consumers are
advised to research products in depth and draw
conclusions for themselves.
Imitation chi machines continue
to multiply and to call themselves the original.
Buyer beware, you get what you pay for. The
original is obviously more expensive, but is
made to last between 15 to 25 years.
The original Chi Machine, the Sun Ancon -
registered as a medical device in Australia,
Canada, Japan and the USA - is safe, strong and
promotes quality health care for the entire
family, from toddlers to teens, parents,
athletes and seniors.
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