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Thread: I found this eBid app on Google Play, not good.

  1. #11
    Forum Saint burgyeb's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    Took a look at McDonalds and their Arch has at least 5 different trademarks; and one of the arches is connected to a slogan (service mark). McDonald's has been busy branding and developing its trademark conglomeration for about 50 years now. They even have a trademark on Ronald Mc the clown. The actively and aggressively police their trademark rights. Can you blame them.

    But they can not stop someone from using their name "as a trade name under S.20 (1)(a) of the Trade-marks Act" Read that in an article & do not understand it one bit. Because the article also stated "Mac or Mc can not be used for any food service." Maybe money does talk.

  2. #12
    Forum Saint burgyeb's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    Quote Originally Posted by astral276 View Post
    The link I gave above states (points of interest in bold):

    Subject to any earlier rights which may be established, registration of a trade mark gives the owner a right to exclusive use of the mark in respect of the goods or services registered. The owner can sue for infringement of his registration if someone else uses the same or a similar mark on the same or similar goods or services.

    So 'prior​ rights' could be a factor, and (as per my comment) using the same protected name on an unrelated venture could see that protection inapplicable.
    It is getting a bit clearer now. The Trademark (the name) once registered & protected, is protected in relationship to goods, services, etc. connected to that business. This is spelled out in the Trademark registration application. I posted before I saw your post. The logo containing eBid's name can and should be Trademark protected. Any slogan they plan to use should be be protected as well.

  3. #13
    Forum Saint burgyeb's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    Quote Originally Posted by Gill View Post
    The eBid trademark is registered but the eBid name isn't???

    Quote Originally Posted by astral276 View Post
    Can you register the name (i.e. the actual word eBid) for protection? Even where 'protection' exists you have to have the financial resources to enforce that protection.
    I found a very interesting site that showed the difference between a trademark and a servicemark. They also had tutorials on starting the application online. It was information pertaining to the State of Georgia, but each state or nation would have similar sites.

    Trademark includes word(s), name, symbol, device, or a combination of these, and is tied to the sale or production of goods and products: eBid's Logo that includes their name/ "eBid online auctions" saw those words when I hoovered over "ebid" in the purple logo.

    Servicemark is same as trademark, but is tied to the services of a company: - not sure if "eBid online auctions" is considered part of the logo itself (trademark) or is their potential servicemark. Or if there is an actual "slogan" used or in the pipeline.

  4. #14
    Forum Master Posbear's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    It is an interesting topic. I can't add to your discussion about copyright etc, as I don't know enough.

    My main concern was that somebody might go to Google Play looking for the app for our eBid and come across that one.
    What would they think about our eBid if they saw that app?
    Graham


    Life is not about waiting for the storm to pass, it is about learning to dance in the rain.

  5. #15
    Forum Saint astral276's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    Yet you can have the likes of KENWOOD Corporation and KENWOOD Limited; two separate companies that trade under the same name with almost identical logos. Just in different markets - electronics/kitchen appliances.


  6. #16
    Forum Diehard Brunwulf's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    I also can't add much to the conversation but from my limited knowledge on the subject, ebid would only be able to protect their logo and not the text "ebid".

    But unfortunately the ebid logo is constructed from a paid text font which as far as i know you don't get the rights to protect a logo using text made from the font, they would be best constructing letters from scratch.

    About that ebid bidding application, i personally dont think anyone will associate that with ebid.net, I think it's more likely the bad reviews on the official application will do more harm, which reminds me , i can not for the life of me understand why any ebid sellers would not give 5 out of 5 stars to the ebid app, even if its buggy , it just damages their business.

    As soon as ebid get there api out i'm sure we will see better developers making applications that work with ebid and the rubbish applications will disappear off the radar.
    Last edited by Brunwulf; 26th May 2014 at 11:41 AM.
    More wine please ...

  7. #17
    Forum Saint astral276's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    Quote Originally Posted by Poscar View Post
    I can't add to your discussion about copyright etc, as I don't know enough.
    I've never let that stop me.


  8. #18
    Forum Master TonyBridger's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    I see comments on this thread are from members both sides of the pond and wonder if the trademarks law is the same in both countries. Don't you need to apply for trademark protection in every country in the world separately.


    I remember reading the Decker Corporation has protected their UGG name in most countries but were refused it in Australia as it is a genetic word for Sheepskin Boots there
    My posts only state my own opinions, unless I've stolen them from someone else

  9. #19
    Forum Saint burgyeb's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    Trademark/servicemark laws can vary from nation to nation, also state to state (USA). That is why a consultation with a trademark attorney is needed as a first step. There are many businesses that do business internationally and also seek to protect their name/service. My last post alluded to this issue.

  10. #20
    Forum Saint burgyeb's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    Quote Originally Posted by Brunwulf View Post
    I also can't add much to the conversation but from my limited knowledge on the subject, ebid would only be able to protect their logo and not the text "ebid".

    But unfortunately the ebid logo is constructed from a paid text font which as far as i know you don't get the rights to protect a logo using text made from the font, they would be best constructing letters from scratch.

    About that ebid bidding application, i personally dont think anyone will associate that with ebid.net, I think it's more likely the bad reviews on the official application will do more harm, which reminds me , i can not for the life of me understand why any ebid sellers would not give 5 out of 5 stars to the ebid app, even if its buggy , it just damages their business.

    As soon as ebid get there api out i'm sure we will see better developers making applications that work with ebid and the rubbish applications will disappear off the radar.
    Seems developing a logo from scratch, including the lettering, is a doable project. Used to be involved with an organization a long time ago. We had no operating budget available, but we were able to get a group of graphic design students in a local college, to compete in designing our logo and a pamphlet design. The winning designs were then developed and reproduced in a professional design shop, via donated corporate funder. So we had no out of pocket cost.

    Trademark application was made on the developed logo. Cost were minimal, as we did not hire a trademark attorney, but we did seek consultation and help. eBid could possibly approach local, etc. colleges, trade schools, other groups to do similar project; develop it themselves; or set up a competition right here on the site.

    As far as the eBid app reviews, that is a catch 22 situation. If the reviewers gave blanketed 5/5 reviews, other users could be drawn into using the app, without accurate information on the pros and cons of its use. There would be less pressure on eBid to make the needed improvements. Also, how long will the "As soon as........" take? It has taken a long time to get the app. See this as a necessary (although difficult) process for eBid to make it through. I believe they can do it.........will take time, effort, and patience.

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