Vita Mix Corporation claims that it will void the warranty of blenders placed into sound enclosures that are not made by Vita Mix because they may not provide appropriate air ventilation.

Vita Mix comes up with this because their sound enclosures cost over $ 200 dollars and our cost less than $ 80. Our sound enclosures have been appropriately engineered and equipped with adequate air ventilation space to allow for motor cooling.

Plus, if you use the Vita Mix 5200 blender too much anyway, unlike the Vita Mix Vita Prep 3 hp commercial blender, the Vita Mix 5200 will over-heat without sound enclosure and shut off...h h h h give me some rest... every time you blend 3 or 4 soups contiguously one after another. The 2 hp Vita Mix motor is already breathing heavy when it is blending peanut butter into chunky butter. In our opinion, the Vita Mix 3 hp and the Blendtec 3 hp HP3A are stronger and better blenders, than the Vita Mix 5200 blender. The 3 hp blender, by the way, costs the same, and the Blendtec costs about $ 150 less than the Vita MIx 5200.

A company that will void its warranties based on straight assumptions to just seclude or discredit competitive product which they have failed to make themselves as competitively as the 123Vita, LLC sound enclosure products, violates the Antitrust Anti-Monopoly Rights and Free Enterprise Laws of the United States.

Basically what Vita Mix is saying here is that 123vita, llc cannot make sound enclosures and you the consumer should buy their expensive sound enclosures for $ 250.00 instead of $ 80.00.

It is a figment in their imagination that any blenders will overheat because they may be placed into a 123Vita, LLC sound enclosure. Consumers should be cautioned, but not deliberately at the discretion of a manufacturer loose their warranty, voided when ever a manufacturer feels their competitive blood pressure is up and reproductive manufacturing hormones are down. Make a better and cheaper sound enclosure and not just complain about your competition. Vita Mix has absolutely no proof that the blenders overheat because of our sound enclosure. We have never received any incident report.

The attached picture shows a Vita Mix 3 hp commercial blender with its power cable exiting the sound enclosure box right at the right side air-ventilation area. There is also one on the left side. Please visit and review yourself:


1. http://www.3blenders.com

2. http://www.blendersoundbox.com


This is the email we have received. Look at the very bottom:

Vita Mix has contacted us and alleged that we are infringing on their trademark and patents in respect to the OMNI Blenders. This is an unsubstantiated claim and it is not warranted to make demand for removal of the www.3blender.com located OMNI 3 Hp High Performance Blender with equal quality and blending power as the Vita Mix 4500 Turbo Blender and the Vita Mix 5200 Blender.

We have since altered the website and removed any images of blenders that might be in violation in our opinion.

It would be nice though, to get some feedback. The OMNI Blender V, 3 hp Heavy Duty blender looks different than the Vita Mix 5200 Blender. It has a 3 hp self-compensating energy-efficient motor with low, medium, and high speed blending selections. The blender also features a set of 3 timer setting at 35 seconds, 60 seconds, and 90 seconds.

Because the Vita Mix Tritan BPA-Free 2L/64oz container fits on the OMNI Blender, this is not a violation. Factories build for example assault style rifles and hand guns around a magazine demand. A gun does not function without the magazine, just like a blender won't make any smoothies without the container. And by the way, the Waring container from the commercial extreme 3.5 hp blender series (MX1200XT, etc.) fits also onto the Vita Mix 5200 blender, and the Vita Mix 3 hp blender, etc...

Here is the email we have received. Your feedback is desired.

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Mr. Fox,

It has come to my attention that you are distributing the JTC OMNIBLEND on your website, see link below. This product is identical to the design of the Vita-Mix® 5200. The United States Patent and Trademark Office has issued to Vita-Mix two trademark registrations – one for Vita-Mix’s distinctive blender base configuration (Reg. Number 3, 261, 080) and one for Vita-Mix’s distinctive blender container configuration (Reg. Number 3, 261, 079). The JTC OMNIBLEND copies the design that is the subject of these trademark registrations, and therefore, constitutes infringement of those trademarks. In other words, you cannot distribute the JTC OMNIBLEND without infringing Vita-Mix’s intellectual property rights.


Therefore, please immediately (1) stop promoting, offering for sale, selling and/or distributing the JTC OMNIBLEND, including taking this item off of the 3blenders website; and (2) identify the supplier of the JTC OMNIBLEND.


http://www.3blenders.com/index.html


Also, with regard to the sound enclosures that you offer to sell on the website, please note that placing our products in sound enclosures that are not manufactured by Vita-Mix will void the product warranty. This is because the sound enclosure may not provide proper ventilation.


Thank you for your prompt attention to these matters.

Loree

Loree W. Connors, CPA

CFO and Treasurer


Vita-Mix Corporation

8615 Usher Road

Olmsted Township, OH 44138


440-782-2401

440-235-1944 fax

[email protected]


CONFIDENTIALITY NOTE: This message is intended for use only by the individual or entity to which it is addressed and may contain information that is privileged, confidential, and protected from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify me by telephone and permanently delete the original and any copy of this e-mail and destroy any printout thereof.

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