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Wearing Clouds


Mark84

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Anyone know what’s going on over at Wearing Clouds? Checked out the website today and it had a notification saying “Store will be closed until further notice.” I hope they didn’t get shut down. Best place to get samples from multiple diaper companies, in my opinion.

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3 hours ago, diaperedboilerman said:

Were they one of the companies named in that law suite back in Feb? .............(edit)  Nope I just checked, they are not thankfully. I don't know. :( 

 

Anyone who wants to read the law suit filed papers, they are here! https://www.dropbox.com/s/sptnmgn5mhnbxec/1-main.pdf?dl=0

 

Never knew about this. So Aww So Cute sued a bunch of companies for selling their diapers without permission? 

This does make me worry about Wearing Clouds a bit. I hope everything’s okay and they aren’t getting shut down. They’re pretty active on social media and advertise what diapers they have, so I would THINK they had permission or that it’s not necessary since Wearing Clouds isn’t trying to advertise them as “Wearing Clouds Diapers.” But then, I know basically nothing about copyright laws. 

I feel like they’ve closed temporarily (and unexpectedly) before due to the owner having some health issues. Either way, I hope everything is okay.

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Something IS going to happen because the companies that are being sued are NOT in China.   It matters not how they got the materials as a far as the Trademark and Copyright issues in the suit is concerned, but fact is they knowingly sold products that used Aw So Cute's trademarks and copyright.    

Not seeing how Wearing Clouds has much exposure here.   All they did is buy packages of diapers from the various companies (perhaps some being sued) and busted open bags to sell by the ones or twos.

I suspect they have other issues.

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1 hour ago, dyperbole said:

The operator of WearingClouds posted on Reddit that he will likely open back up in a few days.  No information on why he closed, though.

 

 

Glad to hear, though, as I said I hope everything is okay and that he gets better soon.

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3 hours ago, diaperedboilerman said:

yeah the only details we know are what is listed on that document. Will be interesting to see what happens. I know one thing, it makes me not want to buy any products from any of them. There is seriously something wrong with this country in the last 20 some years that is only getting worse. :( 

Wait if i'm reading this correctly they aren't being sued for making diapers but the print on them?  It's one ABDL diaper supplier vs another, well many others. According to the document www.awwsocute.com is sueing by claiming quote "a combination of bears, binkies, safety pins, and milk bottles" on a diaper is all under copyright by them.   They also claim Rearz bought and resold them as well. This smells fishy to me

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Ahhh! the joys of white, cloth diapers

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It seems like every ABDL company is suing out there. Why can't they leave each other alone? This is going to ruin the market and there won't be any ABDL diapers. 

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Yes, the problem is three fold in the complaint.   The first is using Aw So Cute's trademarks (the names, the print design, etc...).   The second is copyright infringement for the design.   The final (directed at Rearz) is the interference with their business with the producer.

I can almost certainly guess that there were cease and desist letters flying a lot earlier which is what makes the infringement "knowing" even if the Chinese producer was the one who went to the individual defendants.

 

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I love Wearing Clouds.  I'm halfway between a M and a L so getting a sample of each brand is REALLY helpful to me.  But honestly?  I don't know why anyone would sue them.  If anything, they're encouraging the ABDL diaper market.  People get to try out different types, find their favorites, and then buy in bulk from the creator.  It seems to me like free advertising. 

*rolls eyes* 

I don't know why companies make such a big deal about all this junk.

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20 hours ago, Babyqtboy said:

Aww so cute diapers suck anyway lol 

I’ve never tried them and I never will. They look like they suck, haha!

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15 hours ago, PullUpDiaperLover said:

Never saw how Wearing clouds could make it. Only selling small diapers when 90% of the market is large. Add to that the big boys are just too big now.

Not sure you're thinking of Wearing Clouds, here. They have many sizes. I’ve ordered both mediums and larges from them. Also, they’re most likely buying cases of diapers, which is the most cost-effective way to buy them and then selling them for almost $4 a piece. They’re most likely making at least a little profit.

By the way, the store is back up now and they’ve also stocked both of the new Cuddlz designs! 

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20 hours ago, Mark84 said:

Not sure you're thinking of Wearing Clouds, here. They have many sizes. I’ve ordered both mediums and larges from them. Also, they’re most likely buying cases of diapers, which is the most cost-effective way to buy them and then selling them for almost $4 a piece. They’re most likely making at least a little profit.

By the way, the store is back up now and they’ve also stocked both of the new Cuddlz designs! 

I don't see any of the new Cuddlz designs anymore.  They still have the old Teddy Bear one, but not the new Bright Dayz or Nursery patterns.  They used to have those two - must have sold out.  

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On 5/4/2018 at 8:31 PM, dyperbole said:

I don't see any of the new Cuddlz designs anymore.  They still have the old Teddy Bear one, but not the new Bright Dayz or Nursery patterns.  They used to have those two - must have sold out.  

Whoops! My bad, I meant Crinklz. I’ve been mixing those two up lately.

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On 4/30/2018 at 4:39 AM, Spokane Girl said:

It seems like every ABDL company is suing out there. Why can't they leave each other alone? This is going to ruin the market and there won't be any ABDL diapers. 

I think we should try and move away from the use of AB/DL anyway.  Our actual medical definition is autonepiophilia or Paraphilic infantilism or psychosexual infantilism or even adult baby syndrome.  AB/DL just caught on through internet culture and any medical professionals I have encountered don't  think of it like we do.  The only people who associate a certain lifestyle or behavior with the acronym AB/DL are people like us.  I think if you are going to be succesfull in the adult diaper business you would be shooting yourself in the foot to only cater to our very minor branch of the customer bubble.  Point being, if you don't use the AB/DL acronym you will avoid silly legal hardships and keep your customer potential wider.  I betcha Grandma would actually consider those cute pink diapers if she didn't feel like a kinkster buying them.

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There are many different reasons we wear diapers. "Paraphillic" or "Psychosexual" Infantilism and "Autonepiophilia " describe only AB's, not DL's. The term "AB/DL" is widely known and it's meaning understood to be inclusive of all adults who wear diapers by choice. AB/DL leaves no one out and there's no really reason for wanting to get away from using the term outside of the Psychological community B) Whether a company selling adult diaper wishes to use the AB/DL term or not is hardly going to keep them from having potential legal issues such as design copyright infringement.  There aren't really that many primary public sellers of adult diapers compared to most other products, and a quick scan of their product line will easily find any printed diapers even without an AB/DL reference.

Design copyright infringement claims lose merit quickly the further away from the original design the contested designs are. These objects being printed on baby and adult oriented clothing has been going on for decades before the design was registered which places them in the public realm as a category individually and in groups, thus it would take a nearly exact copy to merit an infringement claim. I don't see things going very far in Court, maybe not even past a preliminary hearing to determine the merits of the case and the scope of defendants being allowed. If the Courts determines that this case is wholly without merit, that opens the door for the defendants to counter-sue to recover their costs of defending themselves against it. Those costs would be huge and hardly defensible :rolleyes:  

As an AB/DL myself I cannot support a company which seems to be trying to do something like this which I feel is detrimental to us as a whole, and I urge everyone else to deeply consider the matter for themselves. I do want to see everyone's product names and exact designs protected, but the rest has nothing new or exclusive in it ;)

Bettypooh

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It was my understanding that this WAS an exact copy, using the same manufacturer to produce them.   Further, that's just the copyright claim.  The infrigning commanies also used the "AWW SO CUTE" mark (perhaps slightly varied) and that doesn't require a near literal copy, just an intent to confuse the consumer about the branding of the project.   "AWW SO CUTE" and the graphic rendition of such seem sufficiently fanciful that it will stand up as a valid trademark.   This is not the same as the case of REARZ attempting to register "ABDL" (a generic term).

Some of the claims involve search engine manipulation by putting AWW SO CUTE on their pages.    This is less obvious.   You can say "Our briefs are cheaper than Aww so cute" perhaps, but confusing customers that you are selling AWW SO CUTE's product when you are not is infringement.

I don't know why you think the industry is harmed when one company ILLEGALLY EXPLOITS another.   Companies should compete on a fair and legal playing ground and if you allow the rogues to undercut the legitimate guys, the legitimate guys are just going to give up.

 

 

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One company trying to copyright a well-known generic and publicly used for 30 years term (although I think that one can argue that the AB and DL sides of they equation are tearing away from each other) followed closely by another infringing on the intellectual poperty of another in quick succession goves the impression of chaos and instability. That can harm an industry

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If you're talking about REARZ on ABDL, it was TRADEMARK not COPYRIGHT and they didn't have a snowball's chance of attaining registration for that mark or prosecuting an infringement claim.    I had filed a letter of opposition on the trademark, but I thinks someone (their attorney) whacked them and told them they couldn't legally win that battle and they withdrew it a few days later with a spurious face-saving cover letter on their site.

This is different from someone outright stealing someone's copyright and using valid marks in an attempt to divert sales from the owner to themselves.

The only gray area on the Aww So Cute lawsuit it appears is the arguing that the search engine manipulation using their trademark is infringing.   There hasn't been a consistent federal decision yet as to whether such is "use" of the mark or not.   If it were visible to the user, that would be one thing, but hidden in meta tags for the intent to manipulate Google searches, that's unclear.

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