RPM Legal Notice

By R Fuqua on Aug. 13, 2011

August 13, 2011

RPM is an LLC started in 1997 owned and operated solely by Rick Fuqua. RPM has remained a successful manufacturer, seller and servicer of screen printing equipment for nearly 14 years.

RPM recently settled a legal dispute with M&R Printing Equipment, Inc. on terms wholly satisfactory to both parties. This settlement gives RPM the undisputed rights to utilize certain features on its RPM Revolution, but no other seller of machines that might be similar to the Revolution is granted any rights to use these features.

Next, RPM’s vendor and exclusive contractual relationships were recently compromised in an unethical and unlawful manner by another party, to the substantial detriment of RPM and the market place. These actions will not be tolerated, nor will they affect RPM’s continued existence and success.

RPM continues in business with no plans or agreements to sell or to authorize any company or person to represent itself as an RPM agent or replacement entity. Any person or business representing a product or products similar to RPM’s with the complete digital / electronic features, including the features licensed from M&R, the totality of which make the RPM Revolution unique in the market, would be in violation of the above mentioned rights and agreements between RPM and M&R. Those rights will be aggressively enforced against all infringing parties, and notice thereof is hereby given to any purchasers of such products.

Rick Fuqua

Real Performance Machinery
8565 Zionsville Road
Indianapolis, IN 46268

inkbrigade's picture
Submitted by inkbrigade on Sat, 08/13/2011 - 21:56

I'm glad to hear you chime in on this rick. I was wondering what was up.

T-Shirt, Sweatshirt, Hoodie Screen Printing in Portland Oregon.
inkbrigade.com

Submitted by Gilligan on Sun, 08/14/2011 - 01:28

BOOM!!

And that reputation that preceded someone has come to complete fruition.

How much money does anyone want to put on the fact that we WON'T be hearing any apologies from certain individuals.

Rick, I'm very glad to hear this. The way SRI talks about his press had me pulling for you guys!

"you don't need a hook for the worms to dance."

Submitted by Printwizard on Sun, 08/14/2011 - 03:50

So essentially what improvements will be on the RPM that won't be on the Mustang. just to identify and value the price for feature differential between the two similar brands?

Submitted by jmd on Sun, 08/14/2011 - 10:00

Maybe a side by side feature comparison is in order.

preston's picture
Submitted by preston on Sun, 08/14/2011 - 12:37

This is my understanding of what is going on based on information that has been given to me. Maybe Rick can clarify.

The Mustang is being built by the same company that made the RPM for Rick. Rick's exclusive with that company was not renewed by that company due to a low sales track record RPM had selling the presses. The company will now be making the presses branded as the Mustang and will probably still make some for Rick with the RPM brand label on them. The Mustang will not have the feature on it that M&R sued Rick over. Any presses made with the RPM logo on them that would be distributed through Rick could still have that feature due to the agreement Rick has with M&R. And no, it is not the revolver mode.

Read more: http://www.screenprintersopen.com/screen-printing-equipment/interesting-post-at-digitsmith-in-discussions-screen-printing/#ixzz1V1PLkwr8

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Submitted by 244 on Sun, 08/14/2011 - 14:02

And who has given you that information you are basing this assumption on? That is totally opposite what I was told.

preston's picture
Submitted by preston on Sun, 08/14/2011 - 14:24

244 wrote:
And who has given you that information you are basing this assumption on? That is totally opposite what I was told.

It did not all come from who you think.. Could be your sources are wrong. Could be mine are wrong. Could be both are wrong. Could be one is right. I do know the company that actually made the RPM for Rick is now making the Mustang. And I do know the Mustang will not have the stuff on it M&R sued Rick over.

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Submitted by Jhead on Sun, 08/14/2011 - 17:20

preston wrote:
It did not all come from who you think.. Could be your sources are wrong. Could be mine are wrong. Could be both are wrong. Could be one is right. I do know the company that actually made the RPM for Rick is now making the Mustang. And I do know the Mustang will not have the stuff on it M&R sued Rick over.

But at the end of the day you still have to deal with Barnes so you are screwed either way.

preston's picture
Submitted by preston on Sun, 08/14/2011 - 18:37

Jhead wrote:
But at the end of the day you still have to deal with Barnes so you are screwed either way.

That is your opinion based on never having dealt with him directly. Or have you? If so please tell us your personal story.

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Submitted by Printwizard on Mon, 08/15/2011 - 05:43

preston wrote:
It did not all come from who you think.. Could be your sources are wrong. Could be mine are wrong. Could be both are wrong. Could be one is right. I do know the company that actually made the RPM for Rick is now making the Mustang. And I do know the Mustang will not have the stuff on it M&R sued Rick over.

Rick, 244 , Preston. What stuff? Please elaborate. We all want to know what MnR own and licence to RPM that Mustang can't use. Just saying stuff or thing or bits or components is just frustrating. What exactly is omitted off the Mustang. Describe, explain?:confused:
Submitted by 244 on Mon, 08/15/2011 - 06:28

preston wrote:
It did not all come from who you think.. Could be your sources are wrong. Could be mine are wrong. Could be both are wrong. Could be one is right. I do know the company that actually made the RPM for Rick is now making the Mustang. And I do know the Mustang will not have the stuff on it M&R sued Rick over.
Yes the same company 2M will be making the press that was making the RPM but that is where your facts end. I can't wait to see how this is going to play out in court as I am pretty sure that is where this is headed.
Submitted by Gilligan on Sun, 08/14/2011 - 18:48

I've personally dealt with him here and other forums... that is PLENTY!

"you don't need a hook for the worms to dance."

preston's picture
Submitted by preston on Sun, 08/14/2011 - 19:06

Gilligan wrote:
I've personally dealt with him here and other forums... that is PLENTY!

That is about as personal as dear john letters.

And besides the Mustang presses are being sold by Griffin Hawk LLC.

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Submitted by 244 on Mon, 08/15/2011 - 06:38

preston wrote:
That is about as personal as dear john letters.

And besides the Mustang presses are being sold by Griffin Hawk LLC.

Want to guess who and what's behind Griffin Hawk LLC ? it's pretty clear to see just like the Printex machines Barnes makes sure his name is on nothing except the installation. When the proverbial **** hits the fan the end user is left dealing with a LLC or a company in Poland. If customers were smart they would get him or you to sign up for responsibility of the sale and a whole lot of the scamming would cease. That is if there is any going on. LOL!
Submitted by Printwizard on Mon, 08/15/2011 - 05:48

Gilligan: Stirrer wrote:
I've personally dealt with him here and other forums... that is PLENTY!

But you deserve it. :rolleyes:
Submitted by Gilligan on Mon, 08/15/2011 - 11:09

Printwizard wrote:
But you deserve it. :rolleyes:

ABSOLUTELY... because I kindly asked him to post his topics in the appropriate section and not the USED GEAR classified section. I AM a jerk. How does my wife ever put up with me. :rolleyes:

"you don't need a hook for the worms to dance."

Submitted by Gilligan on Mon, 08/15/2011 - 02:09

So if I treat you like sh!t and curse you out on the forums you would still want to do business with me?

"you don't need a hook for the worms to dance."

inkbrigade's picture
Submitted by inkbrigade on Mon, 08/15/2011 - 06:34

I love how we've gone from Printex now to this.. Man i tell ya the screen printing drama doesn't end. I love it!

Last week i was wondering if people that make other machinery and their customers troll and flame each other on boards?

Like the people that make the machines that make the tillamook cheese. Do they fight with the people that make the machines that make the velveta cheese?

Screw your cheese machine! No screw YOUR cheese machine!

That'd be awesome!

T-Shirt, Sweatshirt, Hoodie Screen Printing in Portland Oregon.
inkbrigade.com

Submitted by 244 on Mon, 08/15/2011 - 06:40

inkbrigade wrote:
I love how we've gone from Printex now to this.. Man i tell ya the screen printing drama doesn't end. I love it!

Last week i was wondering if people that make other machinery and their customers troll and flame each other on boards?

Like the people that make the machines that make the tillamook cheese. Do they fight with the people that make the machines that make the velveta cheese?

Screw your cheese machine! No screw YOUR cheese machine!

That'd be awesome!

That would only happen if Barnes worked at either one!
Submitted by Gilligan on Mon, 08/15/2011 - 11:13

inkbrigade wrote:
I love how we've gone from Printex now to this.. Man i tell ya the screen printing drama doesn't end. I love it!

Last week i was wondering if people that make other machinery and their customers troll and flame each other on boards?

Like the people that make the machines that make the tillamook cheese. Do they fight with the people that make the machines that make the velveta cheese?

Screw your cheese machine! No screw YOUR cheese machine!

That'd be awesome!

They are this cut throat, just they keep their matters more private. Hershey and Mars are a perfect example of this. You don't see them on forums acting like children though.

"you don't need a hook for the worms to dance."

Submitted by Printwizard on Tue, 08/16/2011 - 05:12

inkbrigade wrote:
I love how we've gone from Printex now to this.. Man i tell ya the screen printing drama doesn't end. I love it!

Last week i was wondering if people that make other machinery and their customers troll and flame each other on boards?

Like the people that make the machines that make the tillamook cheese. Do they fight with the people that make the machines that make the velveta cheese?

Screw your cheese machine! No screw YOUR cheese machine!

That'd be awesome!


My mum could smash your mum!
my god is better than your god
Paper beats rock beats scissors beats paper beats rock...
Pepsi beats coke
Shell beats mobil
Fair trade coffee beats organic coffee
Air beats oxygen
Blue eyed beats brown eyed
The stars above my house shine brighter than the stars above your house.

Sorry, drinking wine.......
Nearly sorry.

Who am I kidding, I'm not sorry!

Promo Print's picture
Submitted by Promo Print on Mon, 08/15/2011 - 08:04

RPM Legal Notice / RPM Customer Notice

Quote:
August 13, 2011

RPM is an LLC started in 1997 owned and operated solely by Rick Fuqua. RPM has remained a successful manufacturer, seller and servicer of screen printing equipment for nearly 14 years.

This is a copy/paste from the IRS.gov website about an LLC with a Single Member ... interesting how they are called a "disregarded entity"

A single member LLC (SMLLC) can be either a corporation or a single member "disregarded entity". Again, to be treated under federal law as a corporation, the SMLLC has to file Form 8832 and elect to be classified as a corporation. An SMLLC that does not elect to be a corporation will be classified by the existing federal guidance as a "disregarded entity" which is taxed as a sole proprietor for income tax purposes.

Quote:
RPM recently settled a legal dispute with M&R Printing Equipment, Inc. on terms wholly satisfactory to both parties. This settlement gives RPM the undisputed rights to utilize certain features on its RPM Revolution, but no other seller of machines that might be similar to the Revolution is granted any rights to use these features.

This lawsuit by M&R was based primarily on the absence of (2) little metal sensor flags -and- (1) sensor ... below is a rendering of the new Mustang Printers design -and- below it is a pic of the Rhino/RPM Revolution (without flags/sensor)

Can you imagine the amount of $$$ that was spent by M&R -and- RPM to have a court case filed/fought over something soooooo silly :-@

Here is the first page of the Lawsuit ...

Quote:
Next, RPM's vendor and exclusive contractual relationships were recently compromised in an unethical and unlawful manner by another party, to the substantial detriment of RPM and the market place. These actions will not be tolerated, nor will they affect RPM's continued existence and success.

Spiderman does not really understand what is "unethical and unlawful" when people adjust their business relationships based on a given situation (good -or- bad)

Quote:
RPM continues in business with no plans or agreements to sell or to authorize any company or person to represent itself as an RPM agent or replacement entity. Any person or business representing a product or products similar to RPM's with the complete digital / electronic features, including the features licensed from M&R, the totality of which make the RPM Revolution unique in the market, would be in violation of the above mentioned rights and agreements between RPM and M&R. Those rights will be aggressively enforced against all infringing parties, and notice thereof is hereby given to any purchasers of such products.

Rick Fuqua

Real Performance Machinery
8565 Zionsville Road
Indianapolis, IN 46268

Ironic ... knowing that the financial demise of the situation for RPM was primarily due to M&R's Legal Actions ... had they just stuck with (2) metal flags -and- (1) sensor ... well we know the rest of the story :-@

Promo Print's picture
Submitted by Promo Print on Mon, 08/15/2011 - 08:28

Rick is a GREAT man ... one of the "Salt of the Earth" kinda fellas ... but ... Unfortunately he may have "bitten off more than he could chew" when he took over the Progressive Rhino project :'-(

As many of you know Progressive Machines funded the development/production of the Rhino from Poland back in Circa 2002 ... When Spiderman sold Progressive to Workhorse in June of 2005 it was decided to "pull-the-plug" on the Rhino project by The Bergmann Group (Workhorse Parent Company)

The mindset of The Bergman Group is that they only want to drill their own holes, bend their own metal, skin their own wire, etc. Bergmann is a "do it in house" kinda place -and- since the majority of the Rhino was MFG in Poland it simply didn't fit the Bergman "business model"

So ... in steps Rick Fuqua from RPM (Real Performance Machinery) to continue selling the Rhino ... after awhile it was decided to rebrand the Rhino as the RPM Revolution

To Rick Fuqua's credit, over the last several years the RPM company has done a Good Job of keeping the Progressive Rhino project held in a favorable light within our industry under his RPM - Revolution brand of the machine -but- for confidential reasons that "certainly DO NOT need to be discussed on a Public Forum" the Gents in Poland have decided to do a rebrand as Mustang Printers

Spiderman wanted to take a minute -and- Publicly say "Kudos to Rick Fuqua" for keeping the Baby Rhino alive over the years :-))

Note: the Mustang Printers WILL NOT have any of the Legal issues with regard to M&R Patents as the RPM Revolution owners faced ... that being said ... Spiderman believes that financial strain from M&R's Legal TEAM certainly contributed to this unfortunate situation we ALL are witnessing with Rick Fuqua and the RPM company :'-(

Here is some banter from Peter Walsh from NaZdar :-@

This is a little more info on the topic as asked of Spiderman from Peter Walsh of NaZdar (M&R's Largest Distributor)

Quote from: PWalsh

Quote:
Robert: I do have a question for you on this subject, that given your long standing industry experience, and your close relationship to the parties involved I'd expect you to know the answer to. Just to be clear my question is not flaming, it has nothing to do with M&R, and it has nothing to do with your feud with Rich Hoffman.

My question has everything to do with possible disputes between the common manufacturer of the RPM presses represented by Rick Fuqua, and the soon to be released Mustang Printers that are Represented Serviced by Spider Machines through your Screen Print Gear organization.

So here's the question; "Is it possible that the current RPM press is utilizing certain design features in it's operating system software that the US courts might consider the Intellectual Property of Real Performance Machinery LLC., that could factor into any legal action that Rick Fuqua would launch?"

Peter :-)

I always love the way you mislead the reader in your posts <--- Laughable on many levels ... however ... Spiderman will answer the specific Question about "Intellectual Property of Real Performance Machinery LLC."

Back in Circa 2002 even Progressive had ZERO intellectual property rights to the actual design of the Rhino (which ironically NaZdar was a dealer of said Rhino product line back in the day) ... so ... lets evaluate this situation a little further ... since the intellectual property did not / does not belong to RPM ... just because Rick Fuqua was able to negotiate RPM's "clean-bill-of-health" in regard to getting the M&R Legal threat off the back of the RPM Revolution customers ... does NOT magically give RPM some right to ANY of the actual IP (intellectual property)

Note: just because RPM was able to negotiate -and- facilitate the payment of the M&R extortion $$$ does NOT mean that RPM owns ANY of the IP (intellectual property) ... Right?

SPIN ... SPIN ... SPIN

Read more: http://www.screenprintersopen.com/pm/#msg9853#ixzz1VC6S0cZ2

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