Children's clock firm asked to rebrand by Rolex lawyers

[Ironworker]

Sets a precedent for other watch/clock makers, that’s what they’re protecting

[serenerabbit]

Originally Posted by RogerOP

You're a rabbit and you're talking about watches?

Yes Roger, rabbit.

I'm pretty as a peach and I'm finer than frog hair split four ways, bless your heart.

[Mystro]

Originally Posted by samuel019

Come on Rolex. Really?

Come after a group like this when there are hundreds maybe even thousands of other companies making replica watches. Plus all the modified Rolex's for sale.

Compare this to that...

There is my hill to die on if Rolex really wants to clean up blatant trade mark infringements. Start with that one company that blatantly rips off the Rolex design look instead of creating their own designs. I think they call themself…..”Tudor”?

[garyk]

Originally Posted by Mystro

There is my hill to die on if Rolex really wants to clean up blatant trade mark infringements. Start with that one company that blatantly rips off the Rolex design look instead of creating their own designs. I think they call themself…..”Tudor”?

[fuzzy_panda]

Before I got into rolex watches I never knew what the Oyster Perpetual meant. My only association with the brand over the years is just the crown badge, and the two-tone datejust look. Took me a long time to even learn what Oyster Perpetual is haha. I don't think the average consumer will be confused.

Now if they added the crown, then that might be a different story

[Willyjo]

I’m buying one for my kids. Cool clock

Huge and foolish reach by Rolex


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[JoeJoeBobo]

Originally Posted by Willyjo

I’m buying one for my kids. Cool clock

Huge and foolish reach by Rolex


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Well that’s 2 sold because of lawsuit and this thread. Free publicity seems to be working here.

[A-Wax]

Originally Posted by Tools

Trademark Branding needs to be guarded vigorously.

Letting one company get away with Brand infringement leaves a company open to others doing the same.

Laws do not allow for cuteness or children to be exempted from infringement if it can be proven.

Exactly this; if they let this go and someone else more malicious infringes, they can claim the "pass" given to the first company as a defence.

[WantBlue15202]

If anything we should take offense to this statement:

Lawyers for Rolex, which according to Statista, has the largest market share of the Swiss luxury watch market, argued that the "average, reasonably well informed consumer" would likely call the Rolex line of watches to mind when looking at the Oyster & Pop logo.


Would a "reasonably well informed consumer" associate these cheap plastic colorful wall clocks built for kids with a Rolex Oyster Perpetual - a famed steel piece of jewelry you wear on your wrist? I doubt they'll settle, I'm sure the defendant company will spend tons of money in court and have to rebrand the product if not go bankrupt.. Sadly, no one actually cares about this enough to affect Rolex's image at all. Ebay had the security team that was sending that lady pigs heads and threats and all kinds of stuff, that news didn't affect them in the slightest.

The one thing to note - they were probably given the opportunity to rebrand prior to this going to court, and they didn't. Usually companies start with cease and desist to avoid publicity. So they in a way asked for this fight... good luck to them!

[outdoors_guy]

Just bought an oyster and pop for my kids due to this article.

My wife (not a watch person, but probably more informed than most consumers on watched by misfortune of marriage ti me) did not remotely associate Oyster and Pop with Rolex. I don’t know how many normal consumers associate “oyster” with Rolex. Maybe on this forum “oyster” reminds people of Rolex but its hardly representative.

[mountainjogger]

Originally Posted by Tools

Trademark Branding needs to be guarded vigorously.

Letting one company get away with Brand infringement leaves a company open to others doing the same.

Laws do not allow for cuteness or children to be exempted from infringement if it can be proven.

Agree Larry. If the sisters are on the up and up I feel bad for them. However, if Rolex starts letting cases slide, it will be used to dilute their claim on other cases.

[GradyPhilpott]

Originally Posted by Tools

Trademark Branding needs to be guarded vigorously.

Letting one company get away with Brand infringement leaves a company open to others doing the same.

Laws do not allow for cuteness or children to be exempted from infringement if it can be proven.

The Oyster case is what put Rolex on the map, so to speak, so it follows that Rolex would guard that trademark viciously if necessary.

[Watchsprings]

I heard Rolex was most upset that the “Oyster & Pop” clocks are sold directly to people not on a waitlist and to most consumers with no spend history!

[ArtNouveau]

Search for “Specialized versus Cafe Roubaix” for a similar story. Specialized Bicycles, “the elephant in the room,” went after a tiny one man bike shop in Canada who named his store after a French city Roubaix known for its annual cycling classic. They have a road bike called the Roubaix and the Canadian trademark for it.
The publicity over it was easily 90% against Specialized for being a bully, the shop owner David versus Goliath. Very quickly the Specialized founder/CEO backed down claiming it wasn’t his idea to skewer the small business owner. For me personally this was just the final straw for the company’s heavy handed practices, I wouldn’t own a Specialized bike if it was given to me.
I think Rolex should back off, perhaps making an agreement that the name can never be used on an actual watch.

[sevykor]

Typical David vs. Goliath story where the better “lawyered-up” company takes advantage of the circumstances to crush a unjustly perceived threat. Reminds me of the Nissan.com lawsuit between Nissan Computers and the auto manufacturer of the same name. Karma is the millions of imported legitimate trade mark infringements that do actual damage to the brand.


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[sevykor]

Originally Posted by ArtNouveau

Search for “Specialized versus Cafe Roubaix” for a similar story. Specialized Bicycles, “the elephant in the room,” went after a tiny one man bike shop in Canada who named his store after a French city Roubaix known for its annual cycling classic. They have a road bike called the Roubaix and the Canadian trademark for it.
The publicity over it was easily 90% against Specialized for being a bully, the shop owner David versus Goliath. Very quickly the Specialized founder/CEO backed down claiming it wasn’t his idea to skewer the small business owner. For me personally this was just the final straw for the company’s heavy handed practices, I wouldn’t own a Specialized bike if it was given to me.
I think Rolex should back off, perhaps making an agreement that the name can never be used on an actual watch.

We must have been typing at the same time with the same point. There’s something to be said about great minds…


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[noshame]

I'm sorry, but I don't believe the use of Oyster AND the sideways stylized Crown image used in their logo that I found on their official website are both coincidental. In fact, if you turn that "crown" right side up, and remove the tail off the letter "P", you really do get the Rolex crown with the little oval on the bottom of it. I have no proof, this is just the way I interpret it.

[CFR]

Originally Posted by noshame

I'm sorry, but I don't believe the use of Oyster AND the sideways stylized Crown image used in their logo that I found on their official website are both coincidental. In fact, if you turn that "crown" right side up, and remove the tail off the letter "P", you really do get the Rolex crown with the little oval on the bottom of it. I have no proof, this is just the way I interpret it.

Ouch! Good call. And both logos happen to have 5 points/circles. That kinda tipped the scales for me.

[2loaded]

Ridiculous on the part of RLX

[Number3]

Originally Posted by noshame

I'm sorry, but I don't believe the use of Oyster AND the sideways stylized Crown image used in their logo that I found on their official website are both coincidental. In fact, if you turn that "crown" right side up, and remove the tail off the letter "P", you really do get the Rolex crown with the little oval on the bottom of it. I have no proof, this is just the way I interpret it.

Yeah, interesting catch - I didn’t spot that. They’ve sold at least three clocks from this thread alone. As JoeJoeBobo said - there’s no such thing as bad publicity. Can’t help but wonder if this was the intention…?

[HogwldFLTR]

In breaking news, Oyster Bay, LI, NY to rename to Panerai, LI, NY to avoid litigation.

[Harry-57]

Transport For London are renaming the Oyster Card. Better safe than sorry.

[Shadow Play]

Originally Posted by noshame

I'm sorry, but I don't believe the use of Oyster AND the sideways stylized Crown image used in their logo that I found on their official website are both coincidental. In fact, if you turn that "crown" right side up, and remove the tail off the letter "P", you really do get the Rolex crown with the little oval on the bottom of it. I have no proof, this is just the way I interpret it.

They have explained Oyster Bend was the name of a street where they grew up. Out of all the streets where they grew up it was the word Oyster they decided on. The article did not advise what made them so keen to use the word Oyster in relation to their clock business. I will leave others to decide if that’s just a coincidence.

[Shadow Play]

Originally Posted by Harry-57

Transport For London are renaming the Oyster Card. Better safe than sorry.

Well pointed out. There is a reason why Rolex have not gone after Transport for London but did go after the clock company.

I’ve heard it said Transport for London does not concern itself with time keeping……..

[Jack T]

A lot of uninformed opinions about this matter. Trademark and copyright infringement is very serious business, companies have a take no prisoner approach to even the most warm and fuzzy mom and pop business.
Now that's it public, expect Rolex to stand form.

[CharlesN]

Originally Posted by Shadow Play

I’ve heard it said Transport for London does not concern itself with time keeping……..

You are correct ..... TFL Busses are often late !!!

[CharlesN]

I bought a clock.

Now I have to wonder which Oyster I prefer.

But, My wife decided for me ...

We are giving the clock to a friends son who is just 2 now ...

I thought it would be a good influence knowing the Oyster name for when he gets a bit older.

[Harry-57]

Originally Posted by Shadow Play

I’ve heard it said Transport for London does not concern itself with time keeping……..

Yeah. That's good.

[Jack T]

Originally Posted by HogwldFLTR

In breaking news, Oyster Bay, LI, NY to rename to Panerai, LI, NY to avoid litigation.

At Grand Central, they should take it up a notch.

Announcing the newly refurbished DateJust Bar

[Krash]

Originally Posted by Tools

Trademark Branding needs to be guarded vigorously.

Letting one company get away with Brand infringement leaves a company open to others doing the same.

Laws do not allow for cuteness or children to be exempted from infringement if it can be proven.

Exactly.

Also, this isn't going to hurt Rolex in anyway in terms of demand for their watches. They're still going to sell every watch they make.