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A sleazy British company is making a fake Rolex clock that threatens Rolexes revenues ($13,000,000,000 in 2021).

17321 Views 214 Replies 67 Participants Last post by  Watchman Dan, 
MarkinKC
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S
I don’t see the Rolex name or crown logo on this wall clock, so the complaint should be tossed out. The clock looks nothing like any Rolex.
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Seabee1
seadial said:
I don’t see the Rolex name or crown logo on this wall clock, so the complaint should be tossed out. The clock looks nothing like any Rolex.
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here's the winning answer, from a seasoned, Intellectual Properties barrister with years of experience in these matters. well done sir, well done
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Seabee1 said:
here's the winning answer, from a seasoned, Intellectual Properties barrister with years of experience in these matters. well done sir, well done
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Sarcasm is the lowest form of wit.
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Panerol Forte
Archer said:
Some people use the word "bias" without really understanding what it means...
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You are certainly right Archer, you did well correcting @Al.Macrest, even though he used the adjective "biased", not the word "bias", but nevertheless, you should send a letter to those ignorants at Oxford that seem to also not understand the meaning of "biased" (they are not the only ones, but I'll let you expose the others). Keep on the good work Archer, you have my full support (y)
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biased adjective - Definition, pictures, pronunciation and usage notes | Oxford Advanced Learner's Dictionary at OxfordLearnersDictionaries.com

Definition of biased adjective in Oxford Advanced Learner's Dictionary. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more.
www.oxfordlearnersdictionaries.com www.oxfordlearnersdictionaries.com
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Seabee1
seadial said:
Sarcasm is the lowest form of wit.
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so no humor would make a person...wit less 😆 congratulations once again
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T
Offer to license at a nominal cost and specific use and shut the story down
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Panerol Forte said:
You are certainly right Archer, you did well correcting @Al.Macrest, even though he used the adjective "biased", not the word "bias", but nevertheless, you should send a letter to those ignorants at Oxford that seem to also not understand the meaning of "biased" (they are not the only ones, but I'll let you expose the others). Keep on the good work Archer, you have my full support (y)
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biased adjective - Definition, pictures, pronunciation and usage notes | Oxford Advanced Learner's Dictionary at OxfordLearnersDictionaries.com

Definition of biased adjective in Oxford Advanced Learner's Dictionary. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more.
www.oxfordlearnersdictionaries.com www.oxfordlearnersdictionaries.com
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Thanks, but I'm not expecting a "Mea Culpa" anytime soon. When I have to fight a battle over the English language, I'm done.
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Al.Macrest said:
Thanks, but I'm not expecting a "Mea Culpa" anytime soon. When I have to fight a battle over the English language, I'm done.
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If you accuse people of bias, you are saying that their views have no foundation or reason. You are certainly entitled to that view, however disliking the business practices of Rolex doesn’t fall into the area of being unfounded.

Of course you could just say “I'm done” and leave the conversation if it bothers you...
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Panerol Forte
Al.Macrest said:
Thanks, but I'm not expecting a "Mea Culpa" anytime soon. When I have to fight a battle over the English language, I'm done.
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You don't have to fight a battle you already won, it's simply that some people never quit arguing and are willing reinterpret the dictionaries in a desperate hope to mark a winning point. It never ceases to amaze me to what extent people are willing to go to get the illusion that they got the last word, even if it's the wrong one 😂

Edit: see what I mean? look above 😉
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Panerol Forte said:
You don't have to fight a battle you already won, it's simply that some people never quit arguing and are willing reinterpret the dictionaries in a desperate hope to mark a winning point. It never ceases to amaze me to what extent people are willing to go to get the illusion that they got the last word, even if it's the wrong one 😂

Edit: see what I mean? look above 😉
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So you believe that Rolex business practices are all fair and good?
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Archer said:
So you believe that Rolex business practices are all fair and good?
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It doesn't even matter. How is it germane to this thread? The incident is an independent event. When folks say something to the effect of, "You see? This is exactly what I expect from Rolex, and proves my point about them," what is exhibited is confirmation bias. Look it up. BTW, being biased doesn't require lack of foundation, it only requires that a person be prejudicial. Therefore your argument is flawed. Asking if Rolex practices are all fair and good is an exhibition of confirmation bias, as if some opinion you hold about them has anything to do with this one independent event. The brain wants to believe it all fits a pattern, therefore Rolex is in the wrong here by this way of thinking.
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Al.Macrest said:
It doesn't even matter. How is it germane to this thread? The incident is an independent event. When folks say something to the effect of, "You see? This is exactly what I expect from Rolex, and proves my point about them," what is exhibited is confirmation bias. Look it up. BTW, being biased doesn't require lack of foundation, it only requires that a person be prejudicial. Therefore your argument is flawed. Asking if Rolex practices are all fair and good is an exhibition of confirmation bias, as if some opinion you hold about them has anything to do with this one independent event. The brain wants to believe it all fits a pattern, therefore Rolex is in the wrong here by this way of thinking.
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You have made an accusation of bias in people’s reactions to this. It’s only bias if if the criticism is unfair, that’s the point. If you don’t believe there are patterns in the way businesses act, that’s surprising...
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Gebbeth
Archer said:
This doesn't prove Rolex's point at all. Rolex has stated, through their lawyers, that people will buy these thinking that they are made by Rolex. People are certainly not doing that here.
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Confusion is not the only thing a trademark infringer can do. The trademark owner must also defend against trademark "dilution" which is the element being raised here.

Trademark "dilution" is the likelihood that the use of the mark will diminish the strength or value of the trademark by reducing the mark's distinctiveness or destroying the mark's image by connecting it to something negative or devaluing. No likelihood of confusion needs to be shown.

This can happen in one instance, or over a long period of time. For example, if "oyster" is used by O&P, and then by Tonka, and then by Mattel, and then by a pizza shop, and then by [add infringer A, B and C], then the word "oyster" becomes diminished as a brand. It's not so much confusion as the fact that it's been used so many times in so many different applications, perhaps some in a negative way, that it doesn't have any value anymore.

Or it could be one bad use, like using the word "oyster" for a drug helps that helps with constipation (with a clock symbol to boot)...just a joke example by me, but I hope you see the point.

So the word "oyster" becoming somewhat of a joke because of this issue, people buying the clock just because of the word "oyster" in conjunction with the negativity brought out by this issue, is evidence that the word "oyster" is actually being devalued.

So again, the trademark owner is under a constant duty to protect their trademark or run the risk of losing their trademark or the value of their trademark.
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J
On the wait list (or whatever) for a Rolex.

In this case, they're being total a-holes. The poor company here based part of their company name on the city the founders are from. I'm pretty sure the city was around before Rolex came up with "oyster" which as we know is also a type of living organism. Or will Rolex sue the Oxford English dictionary or whoever first wrote down this word as well?

Ridiculous in the extreme.
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Seabee1 said:
so no humor would make a person...wit less 😆 congratulations once again
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Your misreading of the saying is laughable, look it up.
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M111
Rolex is really being a bunch of oysters over this... "bearded" ones!

But in all seriousness, the clock in question might just help children appreciate analog clocks, and, yes, watches. Since most these days think such timepieces are stupid, with their cellphones, it might be wise if the watch companies were supportive of anything that might keep them from dying completely in the not so distant future. In some strange way, the oyster name might also actually prove to be a sort of 'subliminal' advertising for Rolex in the future to the children who see the clock today.
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Maggie15 said:
Sometimes it feels like people on this forum don’t like Rolex.

Or more likely they’re all just mad that they can’t get on the AD list….😂🍿
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What’s an AD List?
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Panerol Forte
JackDash said:
What’s an AD List?
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It's a piece of paper with names on it.

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Panerol Forte
Archer said:
So you believe that Rolex business practices are all fair and good?
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Archer, from my perspective, and based on the arguments that I read in this thread, since Rolex is using legal means that any business would use to protect their brand, I consider their business practices fair and good. If on the other hand they did send goons with baseball bats to smash the clocks hanging in every child room, then I would have questioned their business practices.
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K
I think oysters should club together and sue Rolex for appropriating their name without their consent.
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