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Rearz trademarking AB/DL

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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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On 1/2/2018 at 6:32 PM, DailyDiapers said:

Pretty much anything short of withdrawing the application won't be acceptable to me. No matter what their reasoning, the impact of trademarking ABDL in the diapers and clothing categories would have a huge impact on my ability to market products; as well as every other diaper ABDL vendor. I would have to be a complete fool to NOT dispute this application once it gets assigned to a lawyer in the trademark office.

Even if their intentions are pure, it makes a core part of this community a commodity that could be abused or sold to a less trustworthy buyer and I don't think any of us want that.

 

I agree with everything you've said and with your explanation, I would make the argument that you (the public) is trying to trademark a category, as opposed to a thing or business name.  It's an entire lifestyle, lets call it.

However, to play devil's advocate, don't you think someone was bound to try this, sooner or later?

I mean, I would take it a step further and say, are there trademarks on "pacifier" or soother and "Adult Diaper" even?  Or are they not allowed, for reasons that may protect the term, ABDL?

It's very interesting and I agree though, it would change the world we live in.

On 1/5/2018 at 1:49 AM, warpiper said:

looks like they have dropped their trademark request:

http://rearz.ca/blog/abdl-trademark-dae722/

The internet has spoken!

They probably heard a lot (of negative) about it.

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Now that word has traveled around the ABDL community of exactly what Rearz tried I figure their days as a company are numbered.

On 1/3/2018 at 6:19 PM, AwakenEvil said:

I agree. Does it piss me off they are pulling off that stunt, yes but am I going to not shop there... probably not. Same thing goes for ABU jacking up the cost of the diaper.

"Jacking up the cost" in response to increases in cost of doing business and shipping so you can keep the doors open is completely different from trying to gain legal control over a term describing the whole community and use it for commercial gain.

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3 hours ago, Darkfinn said:

Now that word has traveled around the ABDL community of exactly what Rearz tried I figure their days as a company are numbered.

"Jacking up the cost" in response to increases in cost of doing business and shipping so you can keep the doors open is completely different from trying to gain legal control over a term describing the whole community and use it for commercial gain.

I agree, it was a low move on Rearz parts but I believe somewhat in the legal system and knowing its an acronym I didn't feel like they would get the word. I didn't see a reason to stop using their products because of it. Its like the whole Chik Fila(CEO) I agree he is a douchbag but I am not going to punish the low wage worker by boycotting their chick minis in the morning. Same goes for Rearz, the owner pulls a stupid stunt and I don't think I feel obligated to simply punish the work because the owner decided to do a dipshit move. All in all, we spoke up. The owner listened and its back to square. I don't see any issues with them.

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5 minutes ago, AwakenEvil said:

Its like the whole Chik Fila(CEO) I agree he is a douchbag but I am not going to punish the low wage worker by boycotting their chick minis in the morning. 

Understand what you mean. I may not like the guy's politics but they do make some mighty fine chicken... and I support them not being open on Sundays, as at least that gives employees one guaranteed day off.

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While I disagree with Cathy's views on gay marriage, he's far from a "douchebag."   People are entitled to their opinions.   Cathy didn't discriminate or take action against gays.   His biggest fault was he let other so-called conservatives allow him to become a poster child for their discriminatory actions.

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21 hours ago, Darkfinn said:

Now that word has traveled around the ABDL community of exactly what Rearz tried I figure their days as a company are numbered.

"Jacking up the cost" in response to increases in cost of doing business and shipping so you can keep the doors open is completely different from trying to gain legal control over a term describing the whole community and use it for commercial gain.

You're going to be disappointed when you start looking up what copyrights company's own and even what actors and actresses have in their portfolio.

It's a business move (or was going to be).

They can ask, it's up to the ones in charge to say no.

Thing is, if they don't go through with this, I'm sure someone else will, who doesn't run a website and doesn't have to tell the public what they're doing.  Heck, it's probably in the works as we speak.

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29 minutes ago, FunTime said:

You're going to be disappointed when you start looking up what copyrights company's own and even what actors and actresses have in their portfolio.

Thing is, if they don't go through with this, I'm sure someone else will, who doesn't run a website and doesn't have to tell the public what they're doing.  Heck, it's probably in the works as we speak.

You got any proof to back up these claims? Care to cite a source? 

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You can't squat on a trademark and charge to use it.   That's not how it works.   Trademark rights arise from use in commerce.     Copyright has nothing whatsoever to do with this, any mention of that is a red herring.

 

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16 minutes ago, Darkfinn said:

You got any proof to back up these claims? Care to cite a source? 

Start searching, it will come up.

Kim & Kanye West have a bunch

In the food industry, there's lots of sticklers like it's actually "facial tissue" and not pass me a kleenex - that's a copyright.

There's a ton.

 

There's a famous one that I can't remember, I'll search for that.

Edit: Did a search, Paris Hilton owns "That's Hot" and Elvis owns one as well.

Remembered who's a big copyright guy ... Gene Simmons.
Here we go - https://noisey.vice.com/en_uk/article/vbmgx3/all-the-dumb-shit-gene-simmons-has-tried-to-trademark
Perfect example of if you don't do it, someone else will.

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The KCWW TRADEMARK not copyright is KLEENEX.

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Kleenex is actually a brand name, that is why it's protected.

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KLEENEX is both a brand name and a trademark

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A brand doesn't give you any particular protections on its own.    A brand is often a trademark as Angela says, and that is what gives you protection.

What people like Kleenex, Band-Aid, Jell-O, Xerox, etc...  strive for is to maintain their famous brand without it becoming generic (as we have been discussing).   The famous brand that became generic is "Aspirin."   This was originally Bayers trademark (Though how they lost it is a bit more involved historically).    Heroin, oddly enough, was another such trademark.

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I wouldn't condemn them as a whole company over their blunder of trying to trademark the term ABDL.

If you like and buy their products it would be pretty stupid (IMO) not to support them anymore just over 1 bad decision; but again everybody has a right to their own opinion and if anybody does decide to not support them, that's your right.

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There is something called "knowing the difference between right and wrong". They would be trying to place a unique claim of ownership on what is general and NOT thiers. That is a form of dishonesty related to theft; maybe "conversion" which is treating something that is not yours as if it is to ultimately get exclusive use of it for your own purposes. This robs or steals it from others who have the right to use it in a shared way. Besides that how could an honest person like any company that does that?

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REARZ realize it is a BUM idea to threaten their customers,

AB is a world accepted blood group.  Are they going to fight the world's blood-banks?

Ask any US cop, DL is your driver's license.  They ain't going to pick a fight with the cops.

Claiming the right to combining the letters B,A,L & D with a slash is balderdash !   and m'thinks they are overcharging if they are making enough money to take action against all the people who use AB & DL, or were optimistic about the chances of actually winning enough cash to cover their costs.

Now that this has blown over, if they respond without comment to an order headed:-  As an AB/DL, I wish to buy.......................the precedent will kill this for ever.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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