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So ABU is taking Tykables to court

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Apparently ABUniverse owns the right to use the word "Space" in relation to Diapers, anr as Tykables is going to make diapers they are calling "Space Cadet" Abuniverse is unhappy and has tried to talk them into changing the name; but Tykables doesn't want to.

https://amp.reddit.com/r/ABDL/comments/7vkexj/abu_has_engaged_tykables_in_a_lawsuit_regarding/?__twitter_impression=true

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Who gave them that copyright?  So any time someone uses space print, they have to call it something else now?  Wow

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I agree.  I'm a little disappointed in Tykables (given it's my favorite diaper!) for being so unprofessional about it, but the whole thing is so stupid. "People will get confused." Dude I can spot an ABU diaper at 40 paces.  No one in this community is going to get confused.

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41 minutes ago, Sophie ♥ said:

I agree.  I'm a little disappointed in Tykables (given it's my favorite diaper!) for being so unprofessional about it, but the whole thing is so stupid. "People will get confused." Dude I can spot an ABU diaper at 40 paces.  No one in this community is going to get confused.

Completely agreed, ABUniverse diapers are very unique, impossible to mistake (for me and you anyways)

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If all that ABUniverse owns the right to use "Space" in relation to Diapers, I don't see how Tykables using "Space Cadet" is an issue. How ABU got such a generic copyright on the word "space" in terms of diapers I find kind of surprising. I would think that it would need to be more specific, but that's just me.

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I have some mixed feelings about this, though the more I think about it the more I side with ABU.

On the one hand, having a trademark for the word "space" as it pertains to an adult diaper brand seems ridiculous. That's a pretty strong feeling at first, too. After all, it seems pretty laughable that someone would/could trademark a word in their diaper branding.

On the other hand, though, ABU doesn't have a trademark on the concept of space, or on all space-themed diapers. As people on that Reddit thread have pointed out (Casey Storm himself, iirc), Tykables could have named their new diaper "cub cadets," kept the design the exact same, and it would have been 100% okay. I'm sure that there are plenty of cutsey names that you could come up with that are space-themed but that don't have the word "space" in them. Also, as Casey mentioned, they're in a spot where their choices are to either: i) enforce their trademark, or ii) relinquish their trademark (because that's how trademarks work, enforce it or lose it). Lastly, it's important to note that when you look at the Huggies and Pampers diaper lines, you don't see a lot of any repeat words. So this seems to be an industry standard, and I don't think that ABU is out of line. Also, nobody contested the trademark. ABU has a trademark fair and square, even if you don't think that they should have gotten it in the first place, this is still a fact that we have to face.

Also, I don't have a whole lot of sympathy for the legal actions that Tykables brings upon itself. I've tried and somewhat enjoyed the Tykables diapers (I got a lil too fat for them, so I started using the extras in my stash to diaper a big plush of mine =p), but they seem to always be taking on a lot of heat. There was the change from Snuggies to Tykables way-back-when, then there was a fair amount of drama when Tykables opened up their brick-and-mortar store in the Chicago area. So they have a history of taking some heat. This, in tandem with the fact that ABU sent them a perfectly polite and friendly email to which they did not respond, gives me little sympathy for whatever happens to Tykabels in court (assuming that what happens is bad for Tykables).

So, at first glance, this seems totally ridiculous but honestly, I side with ABU in this matter. I hope, though, that they're able to reach a compromise before any serious action is taken.

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Why is it so “ridiculous”? “Space” has nothing to do with adult diapers besides the fact that ABU has a trademark linking the two. It’s not like they’re trademarking “ABDL”. And it doesn’t matter if they look different or you can tell. It will, in general, cause confusion. It’s not unreasonable at all that ABU would have a problem with this. 

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^^ I don't know if you're responding directly to me or not (thought you might be since you put ridiculous in quotes and I think I'm the only one to use that word so far), but I don't think it's all that ridiculous. Sorry, my post is kinda stream-of-conscious-y xD. I think we're on the same page.

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@WakkoWannaBe Sorry, I didn’t mean to make it sound like it was specifically at you. Your word just best summarized the vibe I was getting from many of the reactions. For those that have a negative reaction to it, I wonder why, specifically, and wonder if they just have a problem with trademarks in general. 

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@erevu, no you're golden, sorry for making you clarify! If I had to guess, the idea of trademarking the word "space" kinda seems silly. Maybe folks are thinking that ABU has the rights to the word "space" used in any/all contexts =p?

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That’s what I think. It’s nuanced but a huge difference. 

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3 hours ago, WakkoWannaBe said:

I have some mixed feelings about this, though the more I think about it the more I side with ABU.

On the one hand, having a trademark for the word "space" as it pertains to an adult diaper brand seems ridiculous. That's a pretty strong feeling at first, too. After all, it seems pretty laughable that someone would/could trademark a word in their diaper branding.

On the other hand, though, ABU doesn't have a trademark on the concept of space, or on all space-themed diapers. As people on that Reddit thread have pointed out (Casey Storm himself, iirc), Tykables could have named their new diaper "cub cadets," kept the design the exact same, and it would have been 100% okay. I'm sure that there are plenty of cutsey names that you could come up with that are space-themed but that don't have the word "space" in them. Also, as Casey mentioned, they're in a spot where their choices are to either: i) enforce their trademark, or ii) relinquish their trademark (because that's how trademarks work, enforce it or lose it). Lastly, it's important to note that when you look at the Huggies and Pampers diaper lines, you don't see a lot of any repeat words. So this seems to be an industry standard, and I don't think that ABU is out of line. Also, nobody contested the trademark. ABU has a trademark fair and square, even if you don't think that they should have gotten it in the first place, this is still a fact that we have to face.

Also, I don't have a whole lot of sympathy for the legal actions that Tykables brings upon itself. I've tried and somewhat enjoyed the Tykables diapers (I got a lil too fat for them, so I started using the extras in my stash to diaper a big plush of mine =p), but they seem to always be taking on a lot of heat. There was the change from Snuggies to Tykables way-back-when, then there was a fair amount of drama when Tykables opened up their brick-and-mortar store in the Chicago area. So they have a history of taking some heat. This, in tandem with the fact that ABU sent them a perfectly polite and friendly email to which they did not respond, gives me little sympathy for whatever happens to Tykabels in court (assuming that what happens is bad for Tykables).

So, at first glance, this seems totally ridiculous but honestly, I side with ABU in this matter. I hope, though, that they're able to reach a compromise before any serious action is taken.

Useing the name of cub cadets would run afowl of the manufacture of cub cadets lawn and garden tractors, its my belief the parent company MTD would have taken that a bit offensive. 

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All I can say is that I hope the two companies can come to some mutual agreement and this incident doesn't interrupt the wonderful ABDL type diapers we've been enjoying over the last few years.  It truly is a great time to be an ABDL.....

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Nobody can use the word Pampers, Luvs, Or Huggies for Ian infant diaper line.  What the hell do you think Proctor and Gamble and Kimberly Clark did?  Even Depends is a trademark. 

ABU was first to produce a space themed adult diaper and they were fucking smart enough to cover their asses so no one else could infringe on it. That is ABU's argument here.

In the business world it's called copywriting, patenting, and trademarketing. 

And here's another thought. The guy who runs tykables has been all over sites like this and has seen read what interest we as a community have in certain diapers.  Why didn't he come up with his own concept?  Cuz he probably saw the sales ABU and the feedback from those who use the product and figured " what the hell".To me he's too stupid to come up with his own concept so he'll borrow from those who were.

What about the hook and loop fasteners on his current diapers. Bambino was the first. 

To me he's just living vicariously through the hard work of others.

He will never get my business. 

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I'm siding with ABU here. Tykables has already skirted legal trouble before with how close it plays the names of it's products off of other brands (they were Snuggies before Kimberly-Clark told them to stop or face their lawyers), and this is very much in that mindset of "it's not EXACTLY the same as your brand so it's okay". My first reaction is "why Space Cadet? why couldn't you do something with 'astro' or 'galaxy' or some other word or prefix that belies the concept of space? You could have just called them 'Lil' Cadets' or something else and you would have been fine".

Tykables needs to fire the person coming up with their product names because they're not worth the legal trouble.

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7 hours ago, iluvmydiapers said:

Useing the name of cub cadets would run afowl of the manufacture of cub cadets lawn and garden tractors, its my belief the parent company MTD would have taken that a bit offensive. 

The trademark on the word "space" only pertains to the adult diaper industry. The idea is to avoid confusion between diaper products of similar names. So, you don't have to worry about the word "space" or "cub" as it pertains to other industries because anyone who confuses a "cub cadet" diaper with a "cub cadet" lawn mower is just beyond our help =p.

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ABU should not have a issue with Tykables in my opinion because the ABU space has rockets, planets , with disappearing aliens on it and the Tykables space cadet has rockets ,stars ,animal astronauts, and planets which makes it different from the ABU Space diaper. I am a little disappointed in Abu because how can you copyright  the word space that has been in the dictionary for years and it's not fair to tykables when they are trying their hardest to come  out with a new product just to be told to change the name over the word space. Tykables did not copy ABU in any way because they designed the diaper and named it themselves. I'm going to stand by Tykables on this one don't get me wrong I love ABU products but I don't like seeing other people being pushed around just because of a silly name. Now I can see if the just downright copied and pasted then made some modifications then changed the name of that's the case I would agree with ABU because the is considered art theft but I don't think that's the case here it's ok to be inspired by someone else's art work but that doesn't mean Tykables is copying  ABU at all.  

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Let's not forget when the WWF(world wildlife foundation) sued the WWF(world wrestling federation) over the use of WWF.

It was a long fought battle but the WWF(world wrestling federation ) had or change their name and went with WWE(world wrestling entertainment).

So for ABU to sue Tyakbles over the use of the name space diaper there is a good chance of them coming out with the win.

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15 hours ago, Rift The husky said:

ABU should not have a issue with Tykables in my opinion because the ABU space has rockets, planets , with disappearing aliens on it and the Tykables space cadet has rockets ,stars ,animal astronauts, and planets which makes it different from the ABU Space diaper. I am a little disappointed in Abu because how can you copyright  the word space that has been in the dictionary for years and it's not fair to tykables when they are trying their hardest to come  out with a new product just to be told to change the name over the word space. Tykables did not copy ABU in any way because they designed the diaper and named it themselves. I'm going to stand by Tykables on this one don't get me wrong I love ABU products but I don't like seeing other people being pushed around just because of a silly name. Now I can see if the just downright copied and pasted then made some modifications then changed the name of that's the case I would agree with ABU because the is considered art theft but I don't think that's the case here it's ok to be inspired by someone else's art work but that doesn't mean Tykables is copying  ABU at all.  

It's only about the word "space" in the name of the diaper, and it has nothing to do with the art design. 

Abu onw the word "space" in combinatie to diaper. 

So if tykabels wanted to make space named short falls they can, but not "space" named diapers. (unless Abu has a trademark for that to) 

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3 hours ago, BBQ said:

It's only about the word "space" in the name of the diaper, and it has nothing to do with the art design. 

Abu onw the word "space" in combinatie to diaper. 

So if tykabels wanted to make space named short falls they can, but not "space" named diapers. (unless Abu has a trademark for that to) 

My mistake I thought it was more than just the word space

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Tykables "should" have checked patents and such beforehand anyway. They are completely at fault here. Smart business is doing proper research before naming a product.

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Maybe ABU and Tykables can resolve the issue.  If Tykables get in contact with ABU and work out a payment arrangement in order for Tykables to use their patent product name of to make modifications to it.  I am also  thinking that Tykables should have requested permission from the owner first then they would have been ok.

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Tykables needs to back off. They need to find their own way in the ADL world.

Maybe it's just me but I honestly think this guy who runs tykables has made a laughing stock out of this community by his blatantly opening a shop in the suburbs of Chicago and openly advertising it like it'll get a new customer base. We as a community were hardly known to begin with but I feel that those who read and seen the live broadcast of his little adventure did us more harm than good, as with anyone trying to get exposure for being ABDL.

I can't imagine his business doing so well just cuz of the fact that that those who would have been willing  and wanting to go there wouldn't for fear of exposure themselves. 

To me he's just a selfish individual who has no regards for the community as a whole.

On the other hand Casey has put a lot of hard work and effort to bring a failing company back from the brink and has catered to us,as a community and he deserves just credit. ABU will always have my business and I carry a great deal of respect for Casey and the company as a whole. 

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