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Rearz trademarking AB/DL


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I think that's letting them off the hook too easily for such a greedy move. If they got the copyright of ABDL they could essentially demand no one else can use it to sell things... Every website that makes money using the term in any way would be in the lurch. This website would suddenly find it a lot harder to market itself, even my stories on my Patreon would be potentially at risk, I would certainly have to redesign my banner and a few other things.

That's just to give the right of the term to a company that did nothing to create or popularise it. Cutting every other company and person who uses the term out and causing issues for others to operate in the market.

They claim they wouldn't aggressively enforce the copyright but that's bullshit because the only reason to copyright is to stop others using it. I'm pretty sure that if they don't actively protect the copyright that they then face other problems with that whole procedure.

Beyond all the legal wrangling though is the moral and ethical side... They had no hand in creating the term "ABDL" and they did no more to popularise it than dozens of other people and organisations that have been using it since before their company even existed. It's wrong for them to try and claim sole ownership of the term regardless of the legal implications.

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I think there's something else going on behind the scenes.  You need to ask yourself who benefits from Rearz self destructing?  I think the whole thing was a set up from the word go.....and.....like always...the brigade train starts at the Reddit station....

Mark my words....someone forced Rearz into a corner and is now sitting back enjoying watching the ABDL world burn.....

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1 hour ago, Atown41 said:

Which will do absoutely nothing.   Petitions don't have any bearing on trademark actions.   You've got about 90 days to protest the issuance with the USPTO.   I sent the information on how to do this already.

 

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8 hours ago, willnotwill said:

The term is both generic and descriptive.   I think RearZ wasted their filing fee.   There's no way this is going to be issued.    You can file a protest here if you like:  https://teas.uspto.gov/ccr/lop 

The serial number is 87654755 (you'll need that for the first webform to continue).

 

 

 

RearZ's explanation is full of crapola.     First off, they are woefully (and apparently intentionally) ignorant of trademark law.    Yes, the letters ABDL can be used in conjunction with other words to make a trademark, but ABDL by itself is entirely generic and descriptive.   They're attempting to grab the mark is not a way to assure its free use in commerce no matter what bullshit they give.   

I would like to fill this out but when it gets to the evidence page... I don't know quite what they mean. Evidence that the term has been used for a long time? Evidence that it is a purely descriptive term? I know both these things are true but I have no idea how I would submit evidence on that fact.

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5 minutes ago, Elfy said:

I would like to fill this out but when it gets to the evidence page... I don't know quite what they mean. Evidence that the term has been used for a long time? Evidence that it is a purely descriptive term? I know both these things are true but I have no idea how I would submit evidence on that fact.

Screen shots of websites that sell ABDL diapers and clothing (need to show its used in COMMERCE) and maybe evidience of it being an accepted descriptive term such as a shot of the understanding infantalism page that shows it's use going back to '95.

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Also one of the issues of the DPF newsletter or a screenshot thereof. I think it was DPF that coined the term. Maybe the Wayback Machine has a page from the old DPF site were that term is used

3 hours ago, drynot said:

Meh....I'm over this already.  I'm not going to stop buying from them.  They have quality products that fit me.

Then you would be supporting theft since that apellation is ours in common. I would hate to have to carry out sanctions on them, they do have good things that I can use

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29 minutes ago, Little Christine said:

Also one of the issues of the DPF newsletter or a screenshot thereof. I think it was DPF that coined the term. Maybe the Wayback Machine has a page from the old DPF site were that term is used

Then you would be supporting theft since that apellation is ours in common. I would hate to have to carry out sanctions on them, they do have good things that I can use

kinda reminds me of how apple uses slave labor and yet people keep buying their shit...

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I cannot imagine what makes them think it will fly unless they thought the community would back them up for the reasons they explained. Elsewise that is such a gauche move than anyone not totally bereft of her tiara would avoid that like a pack of wolves. How do you NOT make that calculation? I would think it would be part of "due diligence"; considereing the consequences of such an act. It totally boggles my mind that a company in good standing with the ABDL community would even entertain that idea and before trying it, consult with the community

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Didn't Tommy & Mark use ABDL first? That would mean since they sold to all 50 states wouldn't they have first dibs to it from back in the 70's? DPF went from Diaper Pail Fraternity, to Diaper Pail Friends and they marketed ABDL Stories, and merchandise.

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On 1/2/2018 at 2:07 PM, blitz1027 said:

I’ve been seeing some stuff on tumblr that rearz is attempting to trademark the term AB/DL.  Has anyone heard this or Does anyone know if this is true?  If it is that’s some serious Bull poop in my opinion

That would be like Allstate trying to trademark the word "insurance".  You just can't do that.  

 

1 hour ago, diapersalways said:

kinda reminds me of how apple uses slave labor and yet people keep buying their shit...

I have never bought any apple electronics for that very reason.  Yes, I'm sure other companies have problems with using slave labor as well, but apple is probably one of the worst.

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23 minutes ago, Firefly 35 said:

I have never bought any apple electronics for that very reason.  Yes, I'm sure other companies have problems with using slave labor as well, but apple is probably one of the worst.

I don't want to derail the thread but I would love to be able to pick and choose who to buy from for ethical reasons but the truth is I doubt there are many companies out there that don't use sweatshops, slave labour, unethical practices, etc...

The goal of capitalism is always to exploit people for the benefit of corporations. It used to be home grown people until we got rights so they had to farm another place with looser worker, environmental and general laws. I can't imagine there are too many companies that don't actively use and abuse people. In short, it's very difficult if not almost impossible to be an ethical consumer.

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So now our diaper companys have grown so much that they are willing to sue people for just saying stuff and jack up prices out of control. No wonder why I dont buy from them  and other abdl diaper companys anymore.

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If they do this, do they not run the risk of losing the much larger incontinence market; which AC Medical cultivated? You KNOW how they feel about wearing (especially) AB and DL things and how we get treated at their sites. Also the health and beuaty products market in which they also dabble. Who, in the non-fetish world, is going to want to say they get their products form a "kink store"? Beyond that, how will that affect their infant and children's market if that gets co-mingled with adult material? It would sound a bit like Star/Tiger underwear; i.e. Scumbag City

This REEKS of having a business inferiority cnplex

As they say "Someon oughta have a little talk with the boy": Maybe DailyDi since he is in the business and does sell some of their items

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I should state that I am NOT ABDL in the strict sense of that term, I am LG, ALG or VLG. However, I DO  wish to be abile to do business with RearZ in good conscience and LG/ALG and especially VLG is at least a coisin, maybe a sister to, ABDL and certainly any formemr members of DPF have a stake in this as well so if we have any ex-officials from that club, they may wish to be part of that "talk" with RearZ

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It seems that they have been monitoring this thread. They should establish a presence here

There is still one more thing. This has a "residue" of lingering doubt, hurt feelings and skittishness. Having attempted this, what else might they do? They have to earn back the trust of the ABDL community. I do not know how that can be done, which is why, among other reasons, I do not do things like that, if such even occurred to me. The community is a group; that is, a number of separate persons with varying interests and degress of tolerance for this kind of thing running form "who cares" to "I like doing busienss with them" to the unreasonable. How does one earn back one's reputation from so many disparate entities after this sort of thing?

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Personally, I don't care about Rearz's products.  I'm an ABU fan myself.  I liked their aesthetics before they were under new management, and since the new management has come in, things have been even better. All of Rearz disposable diapers (what I'm the target audience for in this instance), have a fairly good reputation, but because of the distance and shipping cost, I've relegated them to "maybe when it's convenient" territory, like if I'm at a con that vends them or a party with someone interested in sharing or trading, etc.  

The thing that bothers me, is the lack of transparency, (they were doing this quite quietly until they got caught), and the fact that due to trademark law IF they had succeeded, it would have made it harder for other abdl vendors to operate.  Trademark law says you gotta defend your trademark, so none of this "we'll let anybody use it" thing; that's just factually incorrect.  Yeah, that trick is good business from a purely capitalist perspective, but we're such a relatively small (but profitable) niche that doing anything that can be seen as shady could seriously hurt your bottom line.  There's only so much you can do with diapers in terms of variation, cosmetics, features, and performance, so a lot of it is a company's image.

Again, ABU has worked overtime rehabilitating and building up it's image and branding itself as a "we're one of you" company.  They went to Teddycon in 2016 and gave away free samples of all of their diapers for four days.

Tykables with their brick and mortar store, and appointments to try out a crib and high chair as well as buy from them, has made efforts to "Normalize" or "Legitimize" their niche business, (how successful that is is another topic of discussion.) 

Point being, these companies are making an effort to make some kind of connection or stand out to their prospective customers.  Pampers and Huggies get licensed characters on their diapers because parents recognize those characters and there might be some kind of nostalgic connection. "Oh this looks soooo cute."  Luvs runs a campaign on "Live and Learn, then get Luvs;" aka. "The common sense diaper."  Store brands are "it's cheaper and the difference in performance is negligible."  

Most AB diaper companies run on a platform that's a combination of "We've got diapers that are different from the competition" ie: holds more, resembles a real baby diaper more, has a wetness indicator, has adjustable tabs, looks cuter, is more discreet, is less discreet; along with a "We're just like you.  We're a part of your kink community" campaign.  And considering how paranoid some ageplayers can be and how judgemental the rest of the internet is about these types of kinks, that image can be a valuable one to cultivate.  The diaper companies wouldn't be the first to use the "I'm not just the C.E.O., I'm also a member" tactic.

Rearz has appeared to break trust with those it claims to appreciate in more than just dollars and cents.  What can they do to rebuild that trust?  I'm not sure.  Off the top of my head, though.

1. Work on copywriting another term.  Rearz claimed it was to deal with creditors not liking to sell ABDL items or whatever. Too porny or whatever, but if "ABDL" was just a copywrited term, then there'd be no objection on their part.  So most importantly, I think, would be to prove their sincerity by finding a loophole to solve their stated problems WITHOUT giving them a legal chokehold over their competitors because of a technicality (as opposed to having a superior or better marketed product).  Prove they were really trying to do what they said they were trying to do instead of gaining leverage over other companies.

2. Make a superior and more varied line of products or differentiate themselves in some way to their target audience.  As far as I can tell, all Rearz diapers are the same diaper with a different print on them.  Maybe it's time to invest a little money in some other bells and whistles.  Cloth backed and/or wetness indicators and/or pullups/training pants etc. etc.

3.  Reach out to the community and do damage control.  Go to cons, sponsor some stuff, give away free samples.  

4.  Keep their head down, grit their teeth and hope it passes eventually.  They fucked up.  Sad to say though, that there are other vendors who have fucked up worse and people tend to have short memories, especially if they're getting something they like and they aren't being constantly reminded of the fuckuppery.  There are some people that will likely never buy from them again on principle.  There are some that will never stop buying from them, too, because whether it's a failed business coup or just a well meaning but misunderstood fuck up, they don't particularly care since it never came to fruition (and some who might not have cared even if it did).  Unless it's a massive and sustainable boycott, (which would be hard to do...they called off their application...showing they're "listening" even if they didn't ask, and that counts for something to some people) they can just take a hit in the wallet, keep chugging along and build their funds back up as time washes away their mistakes. 

Me personally?  I was in no hurry to try Rearz.  I probably won't try them, now, because wearing an article of clothing can also be a form of endorsement. Will others also do this?  Some? Maybe.  Diapers are a little like burgers.  I like McDonald's, but if I felt strongly about their business practices, I could make do with Burger King.  Some people are like that.  Others?  Probably not.  And frankly, I don't know if I'd blame them if they continued to wear their Safaris et. al.  Other companies have fucked up far worse and I doubt that buying from a company that tried to copyright ABDL is something I'd end a friendship over.

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I don't know the REARZ company, and I have only purchased some of their products from a third party. But what I understand about their rationale it appears that they are having trouble being lumped into an ADULTS ONLY type of product.  I don't know how trademark for ABDL fixes this, but I certainly sympathize with the problem, and it would be nice if their issue was resolved. I am glad they dropped the trademark request.

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Yeah, well, they probably got informed there was no way they were going to get it approved either.  Registration isn't just some place you go and claim you were there first and you get dibs.    You have to show your claims have merit and it's pretty clear ABDL is both generic and descriptive.    I've seen stuff kicked out of registration that were less blatent.

Despite their protestations, the application is still live.

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I just thought of something. Are there not a number of websites with "ABDL" in their name?

Now, here is my CSD: Corrupt Scummy Deal, If they market their skirts as useful for babydolls like they call the former "overnight garment" a "romper", I'll let them trademark ABLG or VLG (Very Little Girl): OK

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8 hours ago, willnotwill said:

Yeah, well, they probably got informed there was no way they were going to get it approved either.  Registration isn't just some place you go and claim you were there first and you get dibs.    You have to show your claims have merit and it's pretty clear ABDL is both generic and descriptive.    I've seen stuff kicked out of registration that were less blatent.

Despite their protestations, the application is still live.

I don't know if thay would be able to or not, but I do know that forin company's have taken  New Zealand names like mowa wich is a extinct native berd and copyrighted the name .

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You can't "copyright" a name.

You may be able to get a trademark.

Unless you're selling extinct birds, using mowa for trademark is perfectly acceptable.   It's right up there with "Apple Computer" or "Amazon" etc...    Nothing says you can't use words for trademarks as long as they are not generic or descriptive.

Trying to trademark ABDL to sell ABDL stuff is like trying to trademark "BEER" for selling alcoholic beverages.

 

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