Lawsuit Against Wilson For Falsely Claiming Fed Uses Current 90

Discussion in 'Pros' Racquets and Gear' started by asifallasleep, Oct 2, 2013.

  1. asifallasleep

    asifallasleep Professional

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    I started a thread some time ago about the racquet misrepresentation by the manufacturers and just came across a lawsuit against Wilson for selling the current Pro Staff 90 as Fed's current racquet when he uses an older model with a paint job. (As do all the pro's). What might the ramifications be if they win the law suit for all the other manufacturers!!!

    http://www.courthousenews.com/2013/03/12/55626.htm
     
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  2. El Diablo

    El Diablo Hall of Fame

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    A few ramifications: manufacturers cease SOME of their claims (some, as some players surely do use standard racquets), manufacturers pressure pro players to use racquets that are sold as retail, manufacturers try to do a better job disguising prostock racquets, players likely see less endorsement money available, customers continue to buy tennis racquets, prostock possibly made more available to the retail customer.
     
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  3. bluetrain4

    bluetrain4 Legend

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    I can't see it getting much traction.

    If it lawsuit survives all the preliminary wrangling and motions, I'd expect Wilson to simply settle and have the class members sign a non-disclosure agreement. So the details really won't come out. A court will not have technically found that Wilson engaged in what it is accused of engaging in - intentional deception/fraudulent behavior.

    A couple of things:

    Even if it went to trial and Wilson is found to have done what they are accused of doing, I can't see damages being that much. A voucher for racquets, a small amount of money for each "injured" person.

    I can't see a huge multi-million dollar judgment to "send a message". The damage of purchasing the "wrong" racquet just doesn't have a lot of resonance.

    The after effect, more so if there was actually a legal judgment against Wilson as opposed to a settlement, I would imagine would be Wilson changing their promotional strategy from "as used by Roger Federer" to "as endorsed by Roger Federer".

    I'd actually like it to go to trial and have each side really debating the merits of what a particular racquet "model" is. Sounds ridiculous, but the law often splits hairs over what may seem to be obvious.

    I think there could be favorable outcome for the plaintiffs (they get something) but not really a "win" in the form of a legal judgment forever forbidding manufacturers to do what they do in terms of production and marketing.
     
    Last edited: Oct 2, 2013
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  4. Lautrec

    Lautrec New User

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    Has there ever been a case of a racquet sponsor paintjobbing another manufacturers racquet for a player, if perhaps only temporary? That would be interesting.
     
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  5. Rabbit

    Rabbit G.O.A.T.

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    Absolutely. Several years ago, Marat Safin signed with Dunlop and played with his old Head frames painted to look like Dunlops. Currently, Pat Rafter endorses the Dunlop 500 and still plays with a Prince Response (double bridge) painted to look like a Dunlop. Rod Laver painted Dunlop wood racquets gold because he was under contract to Chemold. Borg played with a Bancroft paint job in the US while actually using a Donnay frame.

    it happens all the time

    edit: thanks vs ----aussie pat, one or the other!
     
    Last edited: Oct 2, 2013
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  6. vsbabolat

    vsbabolat Legend

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    ^^^
    HEAD sued Dunlop for that. I think you mean Patrick Rafter not Cash.
    In the latest HEAD Catalog they now have a interesting disclaimer to cover themselves from all this fraud:

    "HEAD Pro Players may play with different racquerts from the models shown"

    I think this little message forum is finally having a effect on racquet companies. Now if we can just get them to stop these stupid paint jobs.
     
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  7. Egoista

    Egoista Professional

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    about time. Was wondering when this would happen. Nothing will come out of it though. Unless a miracle happens
     
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  8. hrstrat57

    hrstrat57 Hall of Fame

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    Wasn't Mark Philippoussis playing a Prestige mid painted like a Dunlop Revolation 90 in the 90's for a bit as well?

    It is a long running scam for sure....perhaps equally the fault of the pros taking the dough as it is the companies? Who is the real perp here?
     
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  9. hrstrat57

    hrstrat57 Hall of Fame

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    For sure TT is a player, no doubt this forum has had a big impact on internet selling of used frames as well as we talk up the iconic graphite sticks.....
     
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  10. Rabbit

    Rabbit G.O.A.T.

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    Yeah and didn't Dunlop get around that by saying that he was playing with Dunlop string and the stencil could refer to that?
     
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  11. LafayetteHitter

    LafayetteHitter Hall of Fame

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    I just want to see the evidence videos of the 2.5's hitting balls on court complaining how they aren't hitting the ball like Federer! Hahahaha
     
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  12. BreakPoint

    BreakPoint Bionic Poster

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    #12
  13. PKfan1

    PKfan1 Semi-Pro

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    How is the tennis any different from any other sports equipment. Every single sport have the top athletes endorsing equipment that they do not use. Nascar is probably the biggest one; how much does a Toyota Camry you get at a dealership actually have in common with it's nascar counterpart? Absolutely nothing.
    NHL players use pro stock sticks, and I don't think Lebron is wearing the same shoes you pick up at foot locker. People are just idiots. All the top athletes in every sport use custom equipment.
     
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  14. vsbabolat

    vsbabolat Legend

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    That was Dunlop's claim. But that would not have held up in court. Safin's frame were then painted black with no Dunlop stencil. It never went to trial because Dunlop then dropped Safin and he re-signed with HEAD.
     
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  15. Overdrive

    Overdrive Legend

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    It's time to invest in some reading glasses.
     
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  16. Overdrive

    Overdrive Legend

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    Wait, isn't this basically Pandora's Box? Anyone can buy the racquet Federer endorses and 'sue' Wilson for it (unless if they add a disclaimer like Head is doing).
     
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  17. BreakPoint

    BreakPoint Bionic Poster

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    Yes, the original thread was started by "g desilva" on 3/14/13 as this lawsuit was made public back on 3/12/13.
     
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  18. mach2joe

    mach2joe New User

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    Fed's Vapor 9 has the carbon fiber plates instead of the plastic ones on the retail version. Who is going to go after Nike? :)
     
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  19. RF20Lennon

    RF20Lennon Legend

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    Probably getting sued by the 14 year old kid who shows up on a local high school court wearing RF shirts, shorts, socks, wristbands and even a bandana while carrying a 15 racket bag and not being able to hit a decent forehand down the line.

    Its ridiculous how many people are like this. According to these experts RF labelled logo merchandise + $200 racket is what makes you win 17 GS.
     
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  20. Fedinkum

    Fedinkum Hall of Fame

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    This is a waste of tax payer money and government resources. There are more important courses that can be used as test case for fraud and false advertising. The Law profession introduced a legal system for their own benefits and profit, not to seek fair justices.

    These are the opportunists whose suck money out of everyone through premium costs associated with insurance against legal claims that are embedded to our daily services or products. I despise lawyers in general.
     
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  21. Vcore89

    Vcore89 Hall of Fame

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    Same can be said of Lleyton with Yonex as it is with Roger.
     
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  22. Say Chi Sin Lo

    Say Chi Sin Lo Legend

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    Now that we're suing manufacturers for paintjobs, can we also sue them for BS marketing "technologies" that are either nonexistent, incorporated but in insignificant amounts, or flatout don't work?
     
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  23. onehandbh

    onehandbh Hall of Fame

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    Btw, if you look up the person filing the
    lawsuit you'll see that they play NTRP 3.5
    League.

    Probably ****ed off that buying the
    BLX 90 hasn't raised her NTRP 7.0
     
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  24. cork_screw

    cork_screw Hall of Fame

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    This same thing happened with Tiger Woods (lawsuit against Nike and the balls he used).
     
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  25. vandre

    vandre Hall of Fame

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    and this, tw mods, is why I need a like button!

    well played, sir! :)
     
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  26. Vcore89

    Vcore89 Hall of Fame

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    ...raising to NTRP 7.0 is out of the question but let's just say the plaintiff must be at least a 5.5 to be eligible, yeah?:)
     
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  27. TennisAddiction

    TennisAddiction Rookie

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    If I recall correctly, someone sued Nike when Tiger Woods first started to use the Nike Tour Accuracy ball and they were forced to admit that he used an altered ball that was made for him specifically which then led to Nike making a Tour Accuracy TW edition back in the early 2000s?
     
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  28. Say Chi Sin Lo

    Say Chi Sin Lo Legend

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    Trial didn't go well so the plaintiff took out her 90, and framed balls at the judges.
     
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  29. vsbabolat

    vsbabolat Legend

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    That is correct
     
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  30. BreakPoint

    BreakPoint Bionic Poster

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    Now more to the point that relates to us:

    If the racquet companies stopped doing paintjobs, what the heck would we have to talk about on this forum????? :shock:
     
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  31. Vcore89

    Vcore89 Hall of Fame

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    Perhaps it would still sell a ton of more of the same? I mean the 1963 Ferrari 250 GTO and the 1973 Lamborgini Countach is still somewhat relevant, yeah?

    On-topic, Wilson should have marketed Fed strictly with the ROK (albeit PJed) exclusively to carve an enduring line such as the venerable Pro-Staff, Fed's name is big enough.
     
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  32. Vcore89

    Vcore89 Hall of Fame

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    Perhaps it would still sell a ton of more of the same? I mean the 1963 Ferrari 250 GTO and the 1973 Lamborgini Countach is still somewhat relevant, yeah?

    On-topic, Wilson should have marketed Fed strictly with the ROK (albeit PJed) exclusively to carve an enduring line such as the venerable Pro-Staff, Fed's name is big enough, even as a junior champ.
     
    #32
  33. vandre

    vandre Hall of Fame

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    again, I need a like button! pure gold man!!!! :)
     
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  34. tennis playa

    tennis playa Rookie

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    That made me giggle!:)
     
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  35. TimothyO

    TimothyO Hall of Fame

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    So if you're ever injured through the negligence of another person or a company you promise to not hire a lawyer and sue? You'll just absorb all of the associated costs even though the other party is at 100% fault?

    And you don't carry insurance for your home or automobile and if you're injured or your car is damaged by another driver you promise not to file an insurance claim against that driver's insurance company? (Insurance is an extension of the legal system that sort of puts the tort system on auto-pilot to reduce costs and improve efficiency).

    Just curious as to whether or not you have the courage of your convictions.

    As for tort reform and insurance premiums, they tried that in Texas. Insurance premiums didn't drop. Folks harmed by negligent parties were simply unable to recover their losses.
     
    #35
  36. ollinger

    ollinger Legend

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    ^^ wow!! You completely missed Fedinkum's well expressed point about there being worthwhile and worthless cases, about how class action cases rarely provide significant benefit to the plaintiffs. Your rant about insurance seems pretty irrelevant.
     
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  37. MAX PLY

    MAX PLY Hall of Fame

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    Cite for this? I think the contrary is true--the TX reform measures adopted in 2003 changed the definition for torts in an emergency room malpractice scenario and also capped non-economic damages in med mal. Med mal premiums did in fact drop (of course, there are "lies, damn lies and statistics" to "prove" anything one wishes but I don't think your assertion is categorically true).

    Besides, I think the discussion here is really about frivilous claims that may be encouraged by the current system. Being injured in an auto accident is one thing and I don't think anyone is really comparing the two scenarios, but suing because the racquet one buys is not the same one as Roger, or Rafa or any pro plays with is entirely different--even if there is a colorable claim for relief, the damages are negligible--albeit the legal fees will be high. The result is a complete waste of resources and the system's time and the companies will simply pass on the costs to the consumer.

    Nice to know that a % of my racquet purchase goes to some tort lawyer and the frivilous case delays the court from considering my auto accident.
     
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  38. TimothyO

    TimothyO Hall of Fame

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    All tort "reform" did in TX was reduce the size and number of payouts for medical malpractice. Health care costs, insurance premiums, and number of doctors in the state remained constant. In other words, if a patient was harmed by the medical profession the amount of money he or she could recover was capped. No "saving" from this reduction in number/amount of payouts flowed down to costs or premiums. This has been extremely well documented (see below).

    Remember too that tort "reform" is not reform of the legal system. It's simply preventing one side (consumers) from suing corporations. This is obvious because tort 'reform' never addresses the issue of SLAPPs which are used by large corporations against individuals. Let me know if you ever find a tort "reformer" who also supports the elimination of frivolous lawsuits against individuals intended solely to silence them by ruining them financially.

    As for "frivolous" claims, let the jury decide. If that's good enough when corporations sue individual citizens it should work the same way in reverse. But tort "deformers" seek only unilateral disarmament on the part of individuals while maintaining the ability of corporations to sue.

    Tort Reform = corporations have full access to the courts while individuals do not

    http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

    http://www.statesman.com/news/news/local/new-study-tort-reform-has-not-reduced-health-care-/nRpcp/

    http://www.insurancejournal.com/news/southcentral/2013/09/03/303718.htm

    http://healthcare.dmagazine.com/201...no-effect-on-physician-supply-lowering-costs/
     
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  39. TimothyO

    TimothyO Hall of Fame

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    Clearly you don't understand how insurance works. It aggregates a risk pool such that, ideally, premiums exceed payouts and the profit is re-invested for additional gain. It is directly connected to the legal system since insurance agreements contain clauses intended to make the legal system more efficient by avoiding litigation.

    For example, even if you feel a plaintiff is unjustified in a claim against you your insurance company retains the right to settle and then change your premiums or cancel your policy.
     
    #39
  40. Bdarb

    Bdarb Hall of Fame

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    There is a much higher level of discussion on this forum compared to others. If anyone is ever feeling like this place is full of kids, trolls and immature people, go check out a skiing forum like newschoolers.com. This stuff is lightyears ahead of any of the nonsense discussed over there.



    tl;dr thanks for the economics/law/civics lesson guys. really though, interesting stuff.
     
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  41. Sumo

    Sumo Semi-Pro

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    Their rarity is much of the reason people go nuts over them.
     
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  42. MAX PLY

    MAX PLY Hall of Fame

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    While I would love to continue this debate, this is not the forum to do so. Let's just agree to disagree and get back to tennis.
     
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  43. Bdarb

    Bdarb Hall of Fame

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    a gentleman and a scholar
     
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  44. seekay

    seekay Semi-Pro

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    I just noticed this around 11 seconds into Wilson Six.One 95S Tennis Racket:

    Whether or not the suit has merit, it appears that Wilson is taking steps to avoid more.
     
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  45. jussumman

    jussumman Semi-Pro

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    Now if they said "if you buy this racquet you will play like Roger" they'd be in big trouble.
     
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  46. BreakPoint

    BreakPoint Bionic Poster

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    Yeah, let me know where an investment of $199 will earn you a salary of $75 million a year. :lol: LOL
     
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  47. TimothyO

    TimothyO Hall of Fame

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    Agreed.

    We got off on that tangent when someone suggested that all lawyers are evil blood suckers.

    Back to the topic, I would note that California has a "loser pays" legal system when suing for unfair and deceptive business practices. For this woman to pursue the case and for her lawyer to advise her that it has merit is meaningful in that context. Obviously she and her lawyer feel that the case is strong enough to risk losing and being saddled with Wilson's legal bill.

    I would also note that she isn't claiming that she thought she would play like Federer by using his frame and she doesn't need to do so to prevail. The only question is whether or not Wilson's claims were deceptive. So she will likely prevail but receive nothing more than the cost of the frame. And Wilson and Federer will lose far more than the cost of a frame in the case: their reputations.
     
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  48. TimothyO

    TimothyO Hall of Fame

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    That's not the issue. They claimed that Federer uses that specific frame to play on the ATP tour. He does not. If a consumer makes a purchasing decision based on that false assertion, Wilson has engaged in unfair trade practices by generating sales through false claims.
     
    #48
  49. BreakPoint

    BreakPoint Bionic Poster

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    First of all, there is no proof that he does not. At least, I've never seen any definitive proof of it.

    Secondly, what does what Federer actually uses to play tennis with have anything at all to do with consumers? How does that affect the consumers' life in any way, good or bad?

    If P&G advertised that Federer uses Charmin toilet paper to wipe his butt, and you switched from Cottonelle to Charmin just because you thought Federer used it even though you like Cottonelle much better, can you sue P&G because you didn't like wiping your butt with Charmin as much as you did with Cottonelle? :shock:
     
    #49
  50. Roger Wawrinka

    Roger Wawrinka Professional

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    Did they officially say that He was using a new model?
     
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