IBM Sues Company Selling Fake, Flammable Batteries

Bergkamp10 writes "A Computerworld article is reporting that IBM is suing Shentech for selling laptop batteries that catch on fire and sport allegedly fake IBM logos. IBM apparently followed up on a claim by a customer that an 'IBM' laptop battery bought at Shentech caught on fire and damaged his laptop. The customer reported the problem to Lenovo (who license Big Blue's trademark) who subsequently ordered 12 batteries from Shentech and found them all to be fakes. IBM is asking for US$1 million in damages for each dodgy battery sold."

Comments

Shentech's only address is in Flushing, NY.

[mmell]

They're in the US - it should be possible to track their warehouses and resources via shipping records. Let loose the Nazgul!

Re:Shentech's only address is in Flushing, NY.

[RobertM1968]

Let loose the Nazgul!

Indeed... and not just should it be really simple... as do they have a PO Box in Flushing (as someone else mentioned), but they have a Queens Fax Number: 718-504-3790. Verizon says it's a land line. "(718) 504-3790 is a land line based in New York City Zone 6, NY. The registered service provider is Global Naps**."

That means there has to be someone somewhere in NY... and in NY, as mentioned in the article, making money through criminal activities is treble damages... (3X)...

In addition to that, someone indicated it would be difficult to sue the company if it was based in China. There is (1) obviously someone in the US involved in this (Shentec), and (2) IBM does business in China... but first step would be US, and (3) Shentec is also using Lenovo's trademarks... and they definitely have a major China presence (to initiate suit there).

Im sure IBM's lawyers are smart enough to know what they are doing, and wouldnt be surprised that IBM lays the groundwork for them - or Lenovo - to continue in China.

As of now, Shentec is still selling "IBM" & "Lenovo" batteries...

I think IBM (and Lenovo) are gonna burn Shentec even faster than Shentec's batteries burned!!!

Flammable Batteries

[ninjapiratemonkey]

Shentech's slogan: They're the hottest product on the market!

Re:Flammable Batteries

[toomanyhandles]

Given that the coffee lawsuit was totally justified (McD's had been cited by inspectors many times) for setting their coffee machines too hot--- by law, there's a max temp. 3rd degree burns should not occur without 30 seconds of exposure to the liquid; they had theirs set so that 3rd degree burns would occur in 3 seconds. So- despite your reference to a supposed "frivolous lawsuit", your post is actually more accurate than you believed--- both would be suits brought for good cause.

Re:Flammable Batteries

[Tawnos]

Mod parent up, he's correct, and therefore not trolling (similar to the fact you can't be libelous if you speak in fact), in that the McDonald's coffee case is often incorrectly dragged out as an example of the need for tort reform:
http://lawandhelp.com/q298-2.htm
http://www.lectlaw.com/files/cur78.htm

Fake Flammable Batteries?!

[Karganeth]

Damnit, I want the genuine sony flammable batteries!

Re:Fake Flammable Batteries?!

[Korveck]

Why would you buy the genuine sony flammable batteries, when you can buy one alike, at 1/5 of the price?

Re:$1,000,000

[insertwackynamehere]

Yeah I wonder why they would want to ruin a company who produces counterfeit products with the potential to kill someone by abusing a brand name they have no right to?

They sell fake Apple laptop gear too

[rekoil]

I ordered two Apple Powerbook AC adapters from them, which they were selling about $30 less than Apple list, a year or so ago; both died within a week. Shentech exchanged them - they refused to refund at first, depite my concerns that they had a bad lot - and the replacements died also. I asked for a refund this time, being pretty confident that any replacements they sent would be from the same production run, but they refused until I threatened to dispute the credit card charge with my bank. In retrospect I'm 99.9% confident that they were bogus, and this story seems to confirm my suspicions.

The punchline? I ordered the adapters from a different company and had the same problem. Getting a refund was easier this time, and I gave up and went to the Apple store. So much for trying to save a buck.

Re:Unhelpful summary

[caspper69]

All lithium-ion batteries are highly flammable, not just these. It's just that Shentech batteries are apparently more prone to spontaneous ignition than others.

Yeah, that and they're stamping IBM's name on them and selling them to customers who think they're getting genuine IBM replacement batteries.

Re:$1,000,000

[jesdynf]

It's not greed. IBM doesn't want the money. They don't care who gets the money. You could burn it like leaves, right in front of them, and you couldn't get IBM legal to give less of a damn. Given their billing rates, you wouldn't WANT their legal team to put out a money fire. Cheaper to let it burn.

They don't want money. They want *blood*. This is "holy thunder of God Himself"-level wrath, possibly because this is the first *American* seller of counterfeits they've been able to get their yellowed claws on. That I've heard about, anyways. They're going to make an example out of him worst case, and best case they're going to make an example out of him and learn more about any US assets that can be linked to overseas counterfeiters.

Re:Whislt perusing the site...

[Sanat]

"the name alone raised red flags"

Was this an intentional pun or one that just happened?

Re:$1,000,000

[beav007]

Think about it. They have a demonstration that the fake batteries can cause harm to hardware, and most likely to wetware as well.

I bought a battery with a genuine IBM logo on it and it exploded in my face, destroying my left eye. It then emailed my porn collection to my mother, turned my freezer down and defrosted it, and parked my car in a towaway zone. I'm suing.

These batteries could open IBM up to litigation, or could have, had they not been discovered. IBM are protecting their name, reputation, and business.

After all, a lawsuit from a single exploding battery could easily cost IBM more than a million dollars...

Re:Dubious Scammers

[brusk]

Indeed. I bought something from Shentech about 5-6 years ago, and incurred a world of hurt. I bought a mouse--an Dell-branded Logitech USB mouse for about 6 bucks (great mouse, still going strong). Then over a year letter I discovered that someone had opened a commercial UPS account in my name and used it to ship wholesale quantities of goods from China to Shentech's address in Queens. I found this out when I received the bill. UPS was good about it and the bill went away...for a few months. Then another similar bill arrived at my new address (I'd moved from NYC to California). Again UPS's fraud squad dealt with it. I guess it was pretty obvious that someone who doesn't have a business wouldn't be shipping several thousand pounds of equipment across the Pacific. But they did something nasty with my contact info, and I've watched my credit reports carefully ever since.

So yeah, Shentech is evil.