Hello All,
Noticed this website who have really good deals on LED TVs.
http://www.ozbargainstore.com.au/index.htm
I assume they are unrelated to this site. What does everyone think? Is it a legit site? If so what about the deals they seem especially good with free delivery?
Boab88
To be blunt: here's me, then here's a 10ft pole, and then there's that business over there.
Why, you ask?
Please note that we do not offer sales support. If you need more information about a product, please do some research on google.
For all order enquirees please contact us at [email protected]
For warranty support, please contact your Australian warranty claim office for your brand of product.
So no support at all, and only an email for contact. Take your chances if you wish, but I would highly recommend just sticking to the beaten path in this.
Lmao, that's hilarious.
Funny -I guess they don't make representations anywhere that those people are the owners or employees… But I wonder if it is copyright infringement.
Your assumption is correct that they are MOST DEFINITELY NOT related to OzBargain (this website). A bit of digging shows that:
On their order page with all the SSL badges at the footer — the page itself is actually NOT behind HTTPS, nor is the form posting to an HTTPS URL.
Only Direct Deposit and Cash are available payment methods. Cash is okay with "Local Pickup", and their contact page lists address as "77 St Georges Terrace, Perth WA 6000", which is the 32-storey skyscapper Allendale Square in Perth CBD. Hmm.
"The Team" image on their About Us page is taken from The Eco Floor Store page, featuring celebrity interior designer Jillian Harris.
WHOIS of the domain gives us the ABN, which according to ABR it's (1) not currently registered for GST, and (2) situated in NSW rather than WA (3) is not trading as "OzBargainStore".
Avoid them :)
@scotty - Great work! How did you find the original photo from Eco Floor Store?
That photo search thing is pretty cool, I entered a comp, and lost it, and wanted to confirm if the winner stole thier image off google. Will find out tomorrow :)
Ha-ha Knew it was too good to be true! Oh well, Hopefully this stops someone else assuming they are related to this excellent site and trusting them!
Is this your TM Scotty? Very narrow services -I don't think you could assert your TM rights here unless you could prove your mark was famous!!!
Trade Mark : 1427121
Word: OzBargain
Image:
Lodgement Date: 26-MAY-2011
Registered From: 26-MAY-2011
Date of Acceptance: 02-NOV-2011
Acceptance Advertised: 10-NOV-2011
Registration Advertised: 23-FEB-2012
Entered on Register: 20-FEB-2012
Renewal Due: 26-MAY-2021
Class/es: 41
Status: Registered/Protected
Kind: n/a
Type of Mark: Word
<MOD: Private information removed>
Goods & Services
Class: 41 Provision of education services via an online forum; provision of entertainment services via an online forum
Sorry have to remove the private information but yes it's quite a narrow class with that trademark (class 41). Was applying for another class (35) as well but got knocked back :P Should probably got a trademark attorney to do it but I'm too cheap for that.
Type of Mark: Word
It's not just a word, it's a lifestyle…!
The TM register is a public register, so there are no privacy issues that attach to it. However, please accept my apologies if my posting of the details cause annoyance.
There is a difference between referring to a publicly available information, and copying and pasting that information to a website :) So normally we do not recommend people pasting private/personal information (phone number, address, etc) even if they can be easily found with a bit of digging.
I don't think you could assert your TM rights here unless you could prove your mark was famous!!!
Are you suggesting it's not??? How could you even suggest it?!
Yes i am sure an argument could be made that it is already a famous mark but it is nowhere near the likes of coca cola etc.
Famous marks have the power to extend the halo of the mark to cover the same mark applied to unrelated goods or services, such that where another person uses the same mark on unrelated goods or services it still may be found by a court to be trade mark infringement of the original famous mark.
Obviously the review officer at IP Australia have never heard of OzBargain :) I originally also applied another class, but got rejected. Here's basically what he said:
Other traders should be able to use OZBARGAIN in connection with goods or services similar to yours.
Because he reckons "oz" and "bargain" is too closely related to the nature of that class. What the!? At the end they requested to have that class dropped, or supply more evidence, which is too time costly for me.
Typical initial (& weak) rejection "descriptive/not capable of distinguishing/other traders should not be prevented from using those words to describe similar goods or services etc" from IP Australia -and one that is easily overcome by argument.
Give it ago again in the future (should you ever be thinking of turning OzB more commercial or selling up) and get a TM dude to lend a hand. It should not cost more that 2K and it will last for 10 years.
Thanks for the suggestion. I don't have much idea about IP laws nor have much time on my hand so yeah getting someone to lend a hand might be a good idea.
Their ordering page doesn't actually require you to fill any details in. I "bought" 5 $1000 TVs and got their bank details. I won't post them here, but they're on their website.
The account name is "B Ivey OzBargain" though..,
what a dodgy site…
Yes it would be nice if it could be removed. Somehow I feel this is on some sort of slippery slope toward harming/devaluing the good hard work that has gone into the OZBargain brand.
Is the domain name similar enough to be considered cyber-squatting?
Any actions available under the Competition and Consumer Act 2010?
http://en.wikipedia.org/wiki/Misleading_or_deceptive_conduct
Tort for Passing Off under common law?
Should actually send them an email asking for "Jared" or "Patricia", who's names are on the name badges in that stolen photo. See what they reply with!
"Umm…sorry, there isn't anyone with those names working here". Then we've caught them red handed!
"A wise man gets more use from his enemies than a fool from his friends. "
That sounds ominous…
Website no longer seems to be available. At least not from my phone. That's what they get for trying to ride on the coattails of the real Ozb's success!
DDoS, Ozbargain style..
The timing seems to be a bit too convenient, maybe the website owner is actually lurking around here somewhere.
Down for me too. Thank god
The TV I was interested in was this one: Samsung PS51E550 Full HD 51'' 3D Plasma TV for $736 delivered it seems too good a deal. Anyone comment on the TV model?