I was looking up some computer parts on ebay and came across a dodgy looking store that uses the old style ozbargain logo in its listings. Not sure if you guys are aware of this.
link to store: http://stores.ebay.com.au/See-All-Bargains
I was looking up some computer parts on ebay and came across a dodgy looking store that uses the old style ozbargain logo in its listings. Not sure if you guys are aware of this.
link to store: http://stores.ebay.com.au/See-All-Bargains
Bake em away, toys
The jig's up.
Store had been open since 07….
But it has only called itself "oz_bargain_shop" since March this year, according to ID history.
User ID | Effective Date | End Date |
---|---|---|
oz_bargain_shop | 21-Mar-15 | Present |
oz_king_sales | 28-Apr-13 | 21-Mar-15 |
What should we do captain?
Set phasers, from stun, to cringing agony
Didn't see that ! What should we do captain ?????????
I have contacted the seller saying that calling their store "oz_bargain_shop" can be quite confusing (as we get a lot of support emails from their customers as we are often mistaken as them). Also using our old logo is unacceptable. I'll see what they would say.
@scotty: Go get them scotty!
how confusing can a buyer be when oz_bargain_shop's ebay store is called/trading as "see all bargains"?
edit
who would buy from see all bargains with a fb of only 94.9%? 8 neg in 6 months is beyond crap service.
as we get a lot of support emails from their customers as we are often mistaken as them)
If they refuse to change it, you could play along and respond to the customers inquiries.
Customer: Where's my product, it hasn't arrived yet?
You: My apologies, we sending you the item again and it has just left the warehouse in Antarctica. Our hard working penguins are on the way to deliver your order. There was an problem with the initial delivery, our reports show that your item, along with our beloved penguins, were eaten by the sharks on the way to your address.
@scotty:
Misleading and Deceptive
Passing Off
Possible breaches of copyright and/or trademarks (dunno, did you register?)
send infringement email
file lawsuit
send infringement email
wait for a deal on lawyers and then file lawsuit
haha they should have kept flora_la_la
Not legal advice although this is a pretty serious case of passing off and trade mark infringement (assuming scotty bothered to register OzBargain as a word and design mark with IP Australia? You did, right scotty??)
OzBargain trademarked? Yes.
Sending a lawyer? I always thought it's a dick move so it would be the very last resort (after contacting the seller & eBay).
Interestingly we are actually currently handling a trademark related issue from a litigation lawyer representing a big multinational, who claimed that we have infringed their trademark by allowing people uploading images / coupons containing their logo & product names.
rotten Subway..
not as big of a dick move as someone trying to freeload off goodwill that you developed with your own time and investment. the confusing and deceptive similarity is already proven by virtue of the fact that you have received emails from people looking for answers to sales and support queries, and the fact that they are using the old Ozbargain logo (which itself is not that different from the current logo, with the orange box around the Oz).
anyway these are all things that your own lawyer will tell you if you ask. :)
EDIT - the simplest answer to your trademark issue with subway is that all reproductions of the Subway logo on OzBargain formed part of a 'descriptive use' and that no viewer of the Subway logo on the OzBargain site would have been confused that the bargains/deals/offers being posted and discussed were being posted by Subway themselves. But again, I'm sure your lawyers are already all over that issue. :)
No, not Subway. Hopefully it would get resolved in the next few days.
free advertising and promotion is a problem for them?
I guess if they don't want exposure to the 1,740,739 unique visitors that have visited OzBargain…….
"infringed their trademark by allowing people uploading images / coupons containing their logo & product names"
Egads! - the poor dears may have had to sell something…
Scotty, order some baseball bats on sale, it's standover time.
If you buy baseball bats (with cashback) does the cashback get cancelled if you return them slightly used? lol
wasn't only instance…
That was 2001 though, site has only been around since 2006
It may be Broden's store?
There's an ozbargainmart too
http://www.ebay.com.au/usr/ozbargainmart
They have actually been around for a while and aren't deliberately trying to deceive so no complaints from me.
Just bought from them yesterday. Cheapest local supplier of what I wanted.
Ozbargainshop still using the ozbargain logo.
Let's get 'em boys.