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Re: hedge_fun post# 602

Saturday, 03/26/2011 12:50:54 PM

Saturday, March 26, 2011 12:50:54 PM

Post# of 2281
Interesting thoughts and most likely Walmarts insurance company does want the Certs and Walmart would likely want VSPC to provide proof of insurance that shows VSPC has enough insurance coverage and liabitily coverage to cover not only VSPC but Walmart as well... that can get expensive. Carl would have less money for PR's and insurance companies don't take shares as payment...LOL

As to the other subject of Proving that China Gate or the entity they represent(ed) not being interest in marketing or selling the grass and finding proof they would, here are some thoughts.

How would you know what to look for, remember from what we know GKG is a name Carl or Chang thought of and the name has been trademarked by VSPC or VGE not China Gate or their Client. China Gate or the Entity they represent likely does not call the grass GKG becasue if they did they would no let Carl register a Trademark for GKG because that is truly the only thing he owns is the trademark.

But Check this out:

Notice in this paragraph below that Carl wrote the S-1 statements to make the reader think that China Gate or the Entity they represent calls the grass GKG themselves, I do not this is accidental.

For example:

We are subject to the risk that the seedlings we license infringe or will infringe upon patents, copyrights, trademarks or other intellectual property rights held by third parties. We acquired rights to grow GKG from a seller which we believe held such rights. If that party does not hold such rights, we may be subject to legal proceedings and claims relating to the intellectual property of others. If any such claim arises in the future, litigation or other dispute resolution proceedings may be necessary to retain our ability to offer our current and future products, which could result in substantial costs and diversion of our management resources and attention even if we prevail in contesting such claims. If we are found to have violated the intellectual property rights of others, we may be enjoined from using such intellectual property rights, incur additional costs to license or develop alternative products and be forced to pay fines and damages, any of which could materially and adversely affect our business and results of operations, or terminate our grass business entirely.

There at tons of examples in the S-1 if you look for them where you are made to think this, almost as if it was by design in case you tried to look for the grass being sold under a different name and they didn't want you doing that, Maybe a reason for the CT order as well

Also what I don't get is that the say they have a relationship with China Gate but not a direct relationship with the entity they represent, but that entity is aware of VSPC and is okay with the deal


Yet VSPC says this:

We are subject to the risk that the seedlings we license infringe or will infringe upon patents, copyrights, trademarks or other intellectual property rights held by third parties

Now if the Entity is okay with the deal and this entity owns all the rights etc, then why are they subject to this risk????????

Sounds like they are saying that they do not actually know if that Entity actually owns the rights to the grass that VSPC is calling GKG or they are simplay aware that they the Entity don't own the rights or that the entity may be letting a third party beside VGE use the grass license?.

When you think about it that way it makes sense why they registered IPA as IPA BVI and assigned the license there as it is harder to sue or get info on companies registered in the British Virgin Islands.

So in closing to look for and prove that China Gate or the Entity they are marketing or selling this grass elsewhere you would need to know the name they are doing it under because it is not likely GKG.

Keep in mind that risk statement:

We are subject to the risk that the seedlings we license infringe or will infringe upon patents, copyrights, trademarks or other intellectual property rights held by third parties


Might also be there because Carl may in fact know that other third parties are out there selling the grass or grass products from seedling bases of less than 20,000 seedlings and they may be making let's say logs or brickettes from a farm of 20,000 seedlings.. who knows maybe that is where he got the idea..... Remember Carl is not into selling his ideas just others, you know like Caltech license etc, etc and he doesn't seem very good at that either.

You know when you think about the whole situation in these terms it reminds you of something..........you know ....like another.......situation........damn what does it remind me of ........it's on the tip of my ..... ohhh1 that it...... the legal case with Patrick you know where one guy is accusing the other guy of cutting him out of the business or they are both accusing each other or something like that....

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