Originally Posted by 2020throwaway
I'm not sure who suggested it first, or on what thread (I've done a lot of "opticsandammo reading" online this year...), but I think it is fair for "the internet" to claim some credit. This is from Vortex's complaint in the case I mentioned above:

"42. Defendants are not Authorized Dealers of Vortex products.

43. Despite not being approved as an Authorized Dealer, Defendants have
purportedly sold and continue to offer the sale of products bearing the Vortex Trademarks on the OpticsandAmmo Website.

44. Upon information and belief, Defendants complete orders and accept money from customers, but do not actually ship product to customers.

45. Multiple consumers have contacted Vortex regarding negative experiences attempting to purchase Vortex products through Defendants’ OpticsandAmmo Website, complaining that Defendants charged them for Vortex products and then never sent the customers the products they ordered.

46. Defendants are engaging in deceptive sales tactics intentionally designed to divert sales from Vortex and Authorized Dealers, even though they have no intention of shipping any Vortex products to their customers.

47. OpticsandAmmo has an “F” rating on the Better Business Bureau website. A true and correct copy of the Better Business Bureau profile for OpticsandAmmo, LLC is attached hereto as Exhibit C.

48. More than twenty-six (26) customers submitted complaints to the Better Business Bureau regarding Defendants’ business practices. See Exhibit C."

If you contacted Vortex, good job! I did not purchase a Vortex scope from OpticsandAmmo, but I contacted that manufacturer of the product I did purchase and told them about my experience. I also told them about this lawsuit. I encourage everyone to do the same.

The Vortex complaint reminds us about trademark law. This whole clusterf-ck is the reason you have authorized retailers. If you visit the optics counter at Cabelas, whoever you interact with has been visited by someone from Vortex, Leupold, Swarovzki, Zeiss, etc. to train them on their products. Manufacturers routinely send "secret shoppers" to stores to check up on their products, how they are being displayed/marketed, etc. Manufacturers also monitor the business practices of their retailers.

When you deal with a "normal" retailer like Cabelas, Bass Pro, B&H or even Optics Planet - despite whatever issues we've all had with them (and I've had mine) - you normally get what you purchased. If it's backordered, there is some normal way of dealing with it, like providing a time estimate or not charging your card until it has shipped (or not offering it for sale in the first place!). I believe this is - at least in small part - due to manufacturers policing these "authorized retailers." If they totally sucked at their business, they would not be authorized retailers.

We were all duped by Eustice / OpticsandAmmo. I've read others say something like "Yeah, the website looked a little sketchy but...," and I felt the same way. Yet there was something about it that made it just legit enough to start entering those credit card digits. I think Vortex is right to say that it was their trademarks, but more importantly the goodwill associated with the mark that they've built up over the years with their authorized retailers. The trademarks listed on the "our brands" section of his website, and the professional (because they were taken from B&H) photos made it look quasi-legitimate.

Eustice needs to be stopped. He's hurt a lot of people. He's smart enough to do all of this, but there are definitely some mental health issues going on. I might cut a young guy some slack for being awkward around women, but after reading a lot of the papers in the LSU lawsuit, I worry there's a chance he could hurt a woman.

So anyhow, I'm fighting in my own way. Considering sending B&H's corporate counsel an email and let them know what Eustice just filed. I bought some binocs from B&H once. Refreshingly normal transaction with a receipt, a tracking number, then binocs showing up on my doorstep. That is how it should be.

Finally, I own several Vortex scopes. While I think they are a pretty good value, in truth they aren't my favorite. That said, I'm sure there's something kicking around in the safe that could use an optic. Yes, they are made in SE Asia, but there are real people outside of Madison, WI that work for Vortex (Eustice threatened to sue all 300 of them, by the way...).

I will support a company that goes after business practices like this.





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