Trademark Infringement

[Mike H.]

Ok..so some ARE using exact representation with characters used and all...Those i can and will agree should be put to rest and indeed are copyright infringement...My argument was based on the bottles shown at the beginning of this thread and used as the example.

Take away the duplicate/Copy character and art work and its enough to not be ruled infringement. This what ive been going on about..The Name Captain Krunch (as spelled) is not copyrighted.. The colors and even the pic of the cereal (as long as its not a copy of an original print) are not infringement either.

Some went to far and i agree should be put to rest but others not so much.. Its marketing strategy representing what may interest vapors alike, otherwise we dont know what were buying.. Similarity is not infringement within guidelines which some have not crossed.

Ill just wait for an outcome of a court ruling or the people who cant afford to fight it give up or, fight to see what happens.

 

[Mike H.]

@CurlyxCracker ...you like the fruity pebbles flavor which you say is in your top 3...Do you have a pic of the bottle it comes in as sold?..Is it like the cereal with the coloring and spelling of the cereal product?..Does it have a pic showing what the actual cereal looks like on it?

 

[CurlyxCracker]

@CurlyxCracker ...you like the fruity pebbles flavor which you say is in your top 3...Do you have a pic of the bottle it comes in as sold?..Is it like the cereal with the coloring and spelling of the cereal product?..Does it have a pic showing what the actual cereal looks like on it?

Nope original name and nothing on the bottle to make it look like a knock off.
I normally DIY won this in a cloud competition, actually their entire line, but I really do love this juice, it's very tasty!

 

[CurlyxCracker]

Ok..so some ARE using exact representation with characters used and all...Those i can and will agree should be put to rest and indeed are copyright infringement...My argument was based on the bottles shown at the beginning of this thread and used as the example.

Take away the duplicate/Copy character and art work and its enough to not be ruled infringement. This what ive been going on about..The Name Captain Krunch (as spelled) is not copyrighted.. The colors and even the pic of the cereal (as long as its not a copy of an original print) are not infringement either.

Some went to far and i agree should be put to rest but others not so much.. Its marketing strategy representing what may interest vapors alike, otherwise we dont know what were buying.. Similarity is not infringement within guidelines which some have not crossed.

Ill just wait for an outcome of a court ruling or the people who cant afford to fight it give up or, fight to see what happens.

It's up to the judge really at that point. It's a subtle difference in the name, but general Mills would have to prove it would be confused as cap'n crunch by a consumer. If it was spelt like that with the cereal as the background image, the judge could rule in favor of general Mills.
Simply changing fruit to froot in fruit loops with fruit loops in the background would be an easier case for general Mills to win.

 

[Mike H.]

It's up to the judge really at that point. It's a subtle difference in the name, but general Mills would have to prove it would be confused as cap'n crunch by a consumer. If it was spelt like that with the cereal as the background image, the judge could rule in favor of general Mills.
Simply changing fruit to froot in fruit loops with fruit loops in the background would be an easier case for general Mills to win.

As long as its not a trade marked named (and spelling has everything to do with it) and its not a copyrighted or trademarked character or pic of an actual product i dont see it as and the courts cant legally rule it as infringement.

Dont forget loop holes in any law that lose or even win alot of cases for companies and defendants alike.

 

[Mattp169]

As long as its not a trade marked named (and spelling has everything to do with it) and its not a copyrighted or trademarked character or pic of an actual product i dont see it as and the courts cant legally rule it as infringement.

Dont forget loop holes in any law that lose or even win alot of cases for companies and defendants alike.

You are all missing the bigger point

The truth doesnt matter
Its the impression this leave son the people in power and on the people who influence the people in power.

Regardless of trademark infringement, this makes the vaping community look bad, we don't need that in a time were they want to regulate the hell out of us and make it harder to vape.

 

[Mike H.]

I dont see the average consumer who happen to be adults confusing an e liquid as actual cereal we consume and digest as a solid food.

E Juice is not being marketed between kids cartoons or shows nor is it actually being advertised on television...Big tobacco are the only companies i know of that advertise anything e cig related on television...Kids dont stay up till 11 or 12 oclock at night and watch tv shows with mom and dad?...I blame the parents if their kid gets into drugs or smokes or does stupid shit.

Maybe parents should learn to be more responsible for kids instead of putting blame on everybody else when they do something they shouldnt...My kid shot a man with a gun...Im blaming smith and wesson..My kid smokes..im blaming marlboro...My kid got some 13yr old pregnant...Im blaming cable for showing sex scenes on television..What a crock of shit.

Everybody but the parents get the blame anymore it seems and thats part of the screwed up world we live in now.

If someones kid drinks a bottle of ejuice because THE PARENT left it out for that to happen then i say fuck you to them..its THE PARENTS fault not the company who made it..." but your honor, it had colors on the bottle and made my kid want it"...FUCK OFF.

Ok..rant done

 

[CurlyxCracker]

I dont see the average consumer who happen to be adults confusing an e liquid as actual cereal we consume and digest as a solid food.

E Juice is not being marketed between kids cartoons or shows nor is it actually being advertised on television...Big tobacco are the only companies i know of that advertise anything e cig related on television...Kids dont stay up till 11 or 12 oclock at night and watch tv shows with mom and dad?...I blame the parents if their kid gets into drugs or smokes or does stupid shit.

Maybe parents should learn to be more responsible for kids instead of putting blame on everybody else when they do something they shouldnt...My kid shot a man with a gun...Im blaming smith and wesson..My kid smokes..im blaming marlboro...My kid got some 13yr old pregnant...Im blaming cable for showing sex scenes on television..What a crock of shit.

Everybody but the parents get the blame anymore it seems and thats part of the screwed up world we live in now.

If someones kid drinks a bottle of ejuice because THE PARENT left it out for that to happen then i say fuck you to them..its THE PARENTS fault not the company who made it..." but your honor, it had colors on the bottle and made my kid want it"...FUCK OFF.

Ok..rant done

You don't have any children do you?
Kids will find a way they're deceptive little creators.

 

[Mike H.]

I raised 4 nieces but none of my own..no.

 

[CurlyxCracker]

I raised 4 nieces but none of my own..no.

I gave an example of their trickery in a previous post in this thread. My boys are the most reckless people I know.

 

[Mike H.]

Well today you cant be as strict as our parents could be and thats the problem..In my day i got my ass whooped with a belt if i did something i shouldnt have been doing and becuase i didnt like getting my ass whooped i didnt do it under their house and rules...Was i abused..hell no..just was taught who was the boss.

Today if you so much as grab a kid by the arm youre a child abuser in the eyes of others..So i cant give my honest opinion on what i think without offending someone so ,i wont.

 

[OBDave]

I dont see the average consumer who happen to be adults confusing an e liquid as actual cereal we consume and digest as a solid food.

E Juice is not being marketed between kids cartoons or shows nor is it actually being advertised on television...Big tobacco are the only companies i know of that advertise anything e cig related on television...Kids dont stay up till 11 or 12 oclock at night and watch tv shows with mom and dad?...I blame the parents if their kid gets into drugs or smokes or does stupid shit.

Maybe parents should learn to be more responsible for kids instead of putting blame on everybody else when they do something they shouldnt...My kid shot a man with a gun...Im blaming smith and wesson..My kid smokes..im blaming marlboro...My kid got some 13yr old pregnant...Im blaming cable for showing sex scenes on television..What a crock of shit.

Everybody but the parents get the blame anymore it seems and thats part of the screwed up world we live in now.

If someones kid drinks a bottle of ejuice because THE PARENT left it out for that to happen then i say fuck you to them..its THE PARENTS fault not the company who made it..." but your honor, it had colors on the bottle and made my kid want it"...FUCK OFF.

Ok..rant done

If we lived in a libertarian's ideal world, this would be how we'd react. But we don't. We live in a world where liberals want to dictate half of our morals and values to us (i.e. everyone gets a living wage even if they don't do anything to earn it), and conservatives want to dictate the rest (i.e. you can only put the things in your body we tell you are okay) - no one in either ruling party is content to let people live and die by their own choices. And both sides are lightning on the draw of the "But the children!" card.

I'm being intentionally brief and over-broad in this, but hopefully my point comes through...

 

[CurlyxCracker]

Well today you cant be as strict as our parents could be and thats the problem..In my day i got my ass whooped with a belt if i did something i shouldnt have been doing and becuase i didnt like getting my ass whooped i didnt do it under their house and rules...Was i abused..hell no..just was taught who was the boss.

Today if you so much as grab a kid by the arm youre a child abuser in the eyes of others..So i cant give my honest opinion on what i think without offending someone so ,i wont.

My parents did the same to me.
Some kids need it. But I myself will never strike my children. That is my decision not what the law says. Kids are people too. And if you can't give an ass whooping to an adult who needs it you can't do it to a child. I'm also against medicating children into a dope.
It's my responsibility to lead by example, and teach them right from wrong. And force isn't always correct, in most cases there's a better answer.

 

[OBDave]

My parents did the same to me.
Some kids need it. But I myself will never strike my children. That is my decision not what the law says. Kids are people too. And if you can't give an ass whooping to an adult who needs it you can't do it to a child. I'm also against medicating children into a dope.
It's my responsibility to lead by example, and teach them right from wrong. And force isn't always correct, in most cases there's a better answer.

If you're doing it right, your kids will be more upset with feeling like they've disappointed you than being threatened with (or receiving) a beating.