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EVGA Bans Sales of 'Offensive' XFX Graphics Cards in Germany

Slimy   on 15 May 2007 - 23:43 · 39 comments & 7570 views

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EVGA, a supplier of graphics cards and mainboards, has announced that Germany trade regulators ordered its rival XFX, a division of Pine Technology, to stop selling graphics cards that potentially insult EVGA as a company. In April, XFX began selling Nvidia GeForce 8600-series graphics cards inside packages that display an enraged dog with saliva containing the EVGA logo dripping outside its jaws. Even though the logotype could not be seen without special tools, several web-sites has discovered it and posted appropriate images on the Internet. According to a statement by EVGA, a Munich, Germany-based court finds that the product packaging infringes EVGA’s rights and ordered XFX to stop selling products inside appropriate boxes in Germany.

In case XFX decides not to stop selling its graphics cards that potentially offend EVGA and infringe its trademarks, the company may be fined for €250 thousand (approximately $339.7 thousand) and its executives may even face a six month prison term. EVGA also asked German resellers to stop selling graphics cards that insult EVGA and promised to apply to courts of other European countries to ban graphics cards with offending images across the European Union.

News source: Xbit Laboratories

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(8 replies) #1 +chconline on 15 May 2007 - 23:49
Aren't Mac ads of the same nature?

Just not as literal.
#1.1 phantasmorph on 15 May 2007 - 23:54
Not really. If Apple put out OS X cds with microscopic holographic images of Bill Gates getting raped by a 800 pound silverback gorilla, then it would be similar.
#1.2 gentoogod123 on 16 May 2007 - 00:08
Quote - (phantasmorph said @ #1.1)
Not really. If Apple put out OS X cds with microscopic holographic images of Bill Gates getting raped by a 800 pound silverback gorilla, then it would be similar.


I dont know, those commercials are complete jealous lies, at least if gates was getting raped it would be real.
#1.3 The_Decryptor on 16 May 2007 - 03:24
If they banned lying in advertising, it would all go away tomorrow.

Wait a minute...

Let's do that!
#1.4 K3vlar on 16 May 2007 - 04:09
A world without deceptive advertising.. let me see...

1. Everything would cost a lot more.
2. Radio would fail, or become a paid service like satellite radio. TV would have you pay a subscription for the service, and buy $3 episodes of each show.
3. Newspapers would be 1/3 of the size, and cost 3x as much.
4. All packaging would be flat grey, and the product and company name would be in black, 24pt Arial font.
5. Clothing would be bland, solid colours or patterns, and there would be no sense of fashion or popular trends.
6. You wouldn't know about deals or promotions, or even when and where certain products are avaliable.

Hm.. I'm not sure I like where this is going.
#1.5 phantasmorph on 16 May 2007 - 04:19
Quote - (K3vlar said @ #1.4)
A world without deceptive advertising.. let me see...

1. Everything would cost a lot more.
2. Radio would fail, or become a paid service like satellite radio. TV would have you pay a subscription for the service, and buy $3 episodes of each show.
3. Newspapers would be 1/3 of the size, and cost 3x as much.
4. All packaging would be flat grey, and the product and company name would be in black, 24pt Arial font.
5. Clothing would be bland, solid colours or patterns, and there would be no sense of fashion or popular trends.
6. You wouldn't know about deals or promotions, or even when and where certain products are avaliable.

Hm.. I'm not sure I like where this is going.


Um...what exactly does this have to do with microscopic slams against competing companies being worked into product packaging?
#1.6 +xan K on 16 May 2007 - 05:18
Quote - (phantasmorph said @ #1.1)
Not really. If Apple put out OS X cds with microscopic holographic images of Bill Gates getting raped by a 800 pound silverback gorilla, then it would be similar.
I painted that picture in my mind and I think it's funny.
#1.7 cardg on 16 May 2007 - 06:00
All you guys needs is wine.

Time
has gotten by
on alibis
and wine.
#1.8 kyro on 16 May 2007 - 07:12
Quote - (chconline said @ #1)
Aren't Mac ads of the same nature?

Just not as literal.


yes , but they are filled with truthiness.
#2 Popcorned on 15 May 2007 - 23:53
Muuuum, XFX is taking the micky!!! Whine whine whine.
(1 reply) #3 phantasmorph on 15 May 2007 - 23:53
What's the beef between xfx and evga? This is the first I've heard of this.
#3.1 kronik on 16 May 2007 - 07:02
haven't you heard? theres a rivalry going on and word on the streets is that EVGA gonna bust a cap in XFX's ass for dissing them.
#4 macrosslover on 16 May 2007 - 00:00
give me a break, this is such a waste of time. it's just a little competitive jabbing. it's not like they are stealing trade secrets or anything. I swear companies complain about everything these days.
#5 +Kushan on 16 May 2007 - 00:14
Quote -
According to a statement by EVGA, a Munich, Germany-based court finds that the product packaging infringes EVGA’s rights and ordered XFX to stop selling products inside appropriate boxes in Germany.


I think that's meant to be inappropriate =)

Anyhoo, it's a shame some companies take this so seriously, it's just a bit of fun and doesn't really harm anyone.
#6 Jonax on 16 May 2007 - 00:46
EDIT: Meh, EVGA didn't need to bitch about it but XFX didn't need to throw the EVGA name on their packaging. Simply a case of a schoolyard fight.
(1 reply) #7 obake on 16 May 2007 - 00:58
Um, how exactly did EVGA do any banning here? Sounds like it was the German courts who did the banning.

It seems like there are more and more misleading (or simply incorrect) headlines here on Neowin.
#7.1 norky on 16 May 2007 - 02:02
Quote - (obake said @ #7)
Um, how exactly did EVGA do any banning here? Sounds like it was the German courts who did the banning.

It seems like there are more and more misleading (or simply incorrect) headlines here on Neowin.



EVGA also asked German resellers to stop selling graphics cards that insult EVGA and promised to apply to courts of other European countries to ban graphics cards with offending images across the European Union.


close enough..
(1 reply) #8 Tantawi on 16 May 2007 - 00:58
XFX is stupid, and if that was an employee/designer sole decision, he/she should be fired.
#8.1 phantasmorph on 16 May 2007 - 01:06
Dunno about fired, but still, sorta inappropriate. This is the first time I've heard about actual product design incorporating a slam against a competitor though. Sorta makes me glad I switched out my xfx 6600GT for an evga 8800gts, other than the more obvious reasons.
(3 replies) #9 TC17 on 16 May 2007 - 01:14
This is just pathetic. Prison time??? You've got to be kidding me. Just shows what a wonderful place Germany must be to live in. Let me guess, Hitler still runs the country.
#9.1 daftperception on 16 May 2007 - 01:37
Hitler killed himself just to let you know.
#9.2 Chad on 16 May 2007 - 15:24
Quote - (daftperception said @ #9.1)
Hitler killed himself just to let you know.


You never know...him and Elvis really could be running Germany.
#9.3 Samboini on 16 May 2007 - 19:18
Quote - (Chad said @ #9.2)
Quote - (daftperception said @ #9.1)
Hitler killed himself just to let you know.


You never know...him and Elvis really could be running Germany.


Are you stupid?! It's definitely aliens in disguise!
(4 replies) #10 TC17 on 16 May 2007 - 01:17
Oh no, it offended EVGA, what is this world coming to. Its also pathetic that EVGA is making such a big deal out of it, when you can't even see it without "special tools".
#10.1 MrCobra on 16 May 2007 - 01:32
That's what I was thinking.
#10.2 theyarecomingforyou on 16 May 2007 - 06:58
XFX was obviously hoping people would find out and that it would create a storm of positive PR on the internet (otherwise it wouldn't have bothered) - EVGA is only protecting itself against viral marketing (read: sleaze).
#10.3 EJocys on 16 May 2007 - 10:50
I think that XFX hidden joke was funny original idea and EVGA is company of girlie sissies who don’t understand humour.
#10.4 theyarecomingforyou on 16 May 2007 - 17:34
Quote - (EJocys said @ #10.3)
I think that XFX hidden joke was funny original idea and EVGA is company of girlie sissies who don’t understand humour.

What a pathetic viewpoint - it's slander. It doesn't matter whether I, as an individual, think it's a funny idea... as a company you cannot behave like this. XFX has acted pathetically.
(1 reply) #11 +chconline on 16 May 2007 - 01:43
Also, it's free promo for eVGA...

I mean, what joy to see your name on another company's product
#11.1 Tantawi on 16 May 2007 - 01:56
In slaver?
#12 GEIST on 16 May 2007 - 02:10
What a bunch of whiny pussies.
#13 riku0116 on 16 May 2007 - 02:31
well this was a perfectly rational move by EVGA.
it was a chance to hurt the competition, so why not?

there hasn't been a lot of cases like this because most people are smart enough to realized that things like this will get them sued... apparently, whoever did this in XFX isnt like most people...

and whats the point of putting it on there if nobody's ever gonna see it anyways?
#14 simon360 on 16 May 2007 - 02:38
No one else finds this nearly as funny as I do
#15 Naughty Dog on 16 May 2007 - 04:02
Wannabes can't fight like real men instead of businessmen. My evga fx5500 kicked the bucket within 8 months and I decided to go with XFX's products. My 7600GT has pleased me for already a year and it hasn't even started acting up.
#16 XeonBuilder on 16 May 2007 - 04:37
looks like someone needs a tissue . give me a break
#17 Croquant on 16 May 2007 - 07:01
XFX should just paste the words "DO NOT PEAL THIS LABEL OFF TO SEE WHAT"S UNDER IT BECAUSE THEN YOU"D BE BREAKING A GERMAN COURT ORDER" over the offending part of the box art and then tell the German court to go to hell. There is no such thing as bad publicity.

And when EVGA comes to court back and cries like a little schoolgirl, XFX can tell the German courts that it took what it considered to be measures that were in full compliance with the law becasue they had altered the box art so that the offending image was no longer visible unless a customer decided to knowingly defy a court order. which of course they expicitly (and in writing) have advised their clients not to do. Wink wink, nudge nudge.

(1 reply) #18 GoatOfMendez on 16 May 2007 - 08:35
everything is inappropriate in Germany........................

Country of small minded morons
#18.1 +Skwerl on 16 May 2007 - 14:59
If you'd seen some of the crazy things they do with traffic cones, Crisco, and gas masks in their naughty movies, you'd know they're anything but smal-minded!
#19 Magallanes on 16 May 2007 - 13:51
A ) Publish an incorrect ADS
B ) ????
C ) PROFIT!

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