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We just got our hands on a letter that was sent to Griffin Technology (an American company). Griffin, apparently is being accused of deliberately taking Lai Yi Silicone Company a Chinese company's design and branding it as their own.

Here are the 2-tone cases design: EXO mask which was designed and developed by Lajo Cymbalski on Sept 2007and  FlexGrip branded by Griffin and launched on May 2008

According to Lajo Cymbalski, 2-tone EXO Mask is no ordinary case. It was thought to be impossible to make. Cymbalski spent a month developing the manufacturing method and the test mold to manufacture this case. The effort paid off as a trained crew can make over 500 cases a day per mold. Lajo Cymbalski has developed a number of 1sts in silicone case designs and is often copied by Chinese companies but, this is the first time an American company has copied his design. 

Griffin Technology heads visited Lajo a number of times showing interest in working together. He offered to share his 2-tone design with Griffin Technology. Over a number of months Lajo helped them develop a line and prepared samples which were used to woo buyers in Las Vegas.
 
We talked with Lajo Cymbalski

Insider: How did you meet Griffing Technology?
Lajo Cymbalski: Over two years ago the heads of Griffin Technology came to my China office a number of times showing interest in working together.

Insider: Are you sure that Griffin Technology is using your design?
Lajo Cymbalski: There is no doubt. I sent them the design a few months ago and worked with them to develop a new line of silicone cases for iPod Nano3 classic touch and iPhone using my 2-tone technology and design as the main feature of their design. I then developed sample products that they used to woo buyers during the Las Vegas electronic show.
 
Insider: Did you sign a contract with them?
Lajo Cymbalski: They sent one to me but there were a few clauses in the contract that needed to be modified. So the contract was never signed.

Insider: Did Griffin Technology pay for the design or sample molds?
Lajo Cymbalski: They did not pay one cent.

Insider: When did you find out that Griffin Technology was selling your design?
Lajo Cymbalski: An "XSKN" reseller informed me that Griffin was selling cases for iPod and iPhone on their site that looked exactly like my "EXO Mask".

Insider: What makes your 2-tone case so special and distinguishable?
Lajo Cymbalski: "EXO Mask" is a 2 tone silicone case. The top of the case is in one color and the sides and bottom in another color. This is very hard to do with silicone. When I came up with the idea my people told me it could not be made. I insisted it could and made a test mold and worked out the problem of joining 2 different colors without having to use glue. It was the first of a kind.
 
Insider: Did you inform Griffin?
Lajo Cymbalski: Yes I emailed them a letter the moment I found out.

Insider: Did Griffn Technolgy respond?
Lajo Cymbalski: Not yet but it is still early.

Insider: How do you feel about this situation?
Lajo Cymbalski: Not good. I have been copied a number of times by Chinese companies but Griffin is a different situation. I always saw them as the leader in unique products for Apple. That, along with them coming to my office offering to work with me convinced me they were a good company to introduce my best designs. It"s strange, I feel a bit embarrassed for Griffin. What they did is a no no in the design community. You don't work with a designer and then take his design.

Insider: Why do you think they took your design?
Lajo Cymbalski: I guess that the buyers they showed it to wanted to place large orders of it and they had no way to explain that they could not strike a deal with the designer.

Insider: Do you plan to take action?
Lajo Cymbalski: I already did by sending them a letter.

Insider: How can Griffin Technology come clean?
Lajo Cymbalski: They have three choices. They can remove the 2-tone design and continue to sell their case or they can redesign their case or they can acknowledge that this is my design and pay me a royalty on each case produced. I usually want my design produced in my factory to control the quality but that is their choice.

How a 2-tone case is made






 
Legal Remendies:
We checked with a few Chinese lawyers and found that Chinese companies can protect themselves from other companies who operate in China from stealing their intellectual property. The legal remedies are an injunction preventing the manufacturing company from shipping the cases, a law suit against the companies involved in making the tooling, the product and those selling the product inside of China. "XSKN.com" and Lajo Cymbalski can also take legal action in Hong Kong which can also impose a injunction preventing Griffin from shipping "Flexgrip" out of Hong Kong to other countries. "XSKN" can send a letter to retailers in the USA adding them to the claim of action if they sell or continue to sell this product.

EXO Mask design is owned by Lajo Cymbalski, Lai Yi Silicone Company and XSKN.com. 

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