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Old 01-08-2004, 09:46 AM   #26 (permalink)
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here it is...
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Old 01-08-2004, 09:47 AM   #27 (permalink)
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Isn't that one above the old Black and Decker colors??
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Old 01-08-2004, 10:05 AM   #28 (permalink)
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Quote:
Originally posted by Roxywheels
Ohh...and I want that person's job that browses the internet looking for copyright infringement on places like Ebay!
You can have E-bay. I got the porn industry covered.


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Old 01-08-2004, 10:20 AM   #29 (permalink)
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Ohh...and I want that person's job that browses the internet looking for copyright infringement on places like Ebay!
thats part of my job.

it sucks...trust me...i always buy too much shit on ebay cuz of it.
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Old 01-08-2004, 10:21 AM   #30 (permalink)
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yep, i can see their point - looks just like a dewalt
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Old 01-08-2004, 10:27 AM   #31 (permalink)
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Friend of mine got popped for selling MLK pencils!!!! She actually sells about $50-$100 in assorted pencils a week on ebay and in her assortemnt of bulk pencils she had some MLK pencils so she loisted them. About 3 days into the auction she gets a letter from ebay telling her that they removed the listing for those pencils because someone from the MLK foundation/estate had contacted them about a copywrite infringement over a fawking $2 for 10 pencils listing!
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Old 01-08-2004, 10:35 AM   #32 (permalink)
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why'd you buy this chinese pos in the first place?
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Old 01-08-2004, 10:37 AM   #33 (permalink)
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I had the same fun but from Milwaukee Tools I had a cordless Dewalt sawzall and used the term "sawzall" they didn't pull my auction they had their lawyers send me a nasty letter saying re-word it or your goin to court!
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Old 01-08-2004, 10:40 AM   #34 (permalink)
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Got several replies back from that hoser at DeWalt... they are sticking to their guns.

Not like I am gonna be able to do anything about it, guess this one gets sold at an actual garage sale int he spring

I did fire back an email pointing out the trademark language - let's see what they say to that (re: black trigger vs. orange trigger)
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Old 01-08-2004, 10:41 AM   #35 (permalink)
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Quote:
Originally posted by jht3
why'd you buy this chinese pos in the first place?
Search ChitChat and you can find out for yourself
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Old 01-08-2004, 10:43 AM   #36 (permalink)
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Quote:
Originally posted by DRM
Got several replies back from that hoser at DeWalt... they are sticking to their guns.

Not like I am gonna be able to do anything about it, guess this one gets sold at an actual garage sale int he spring

I did fire back an email pointing out the trademark language - let's see what they say to that (re: black trigger vs. orange trigger)
They know that they can (most likely) bully you in terms of time and legal threats. They know full well that it wouldn't stand up in court but they also know you will never go that far
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Old 01-08-2004, 10:45 AM   #37 (permalink)
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They know that they can (most likely) bully you in terms of time and legal threats. They know full well that it wouldn't stand up in court but they also know you will never go that far

You know... this is one of those time I wish I were independantly LOADED... because I just cranky and arguementative enough I WOULD fight them in cour over something this stupid if I had the resources
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Old 01-08-2004, 10:50 AM   #38 (permalink)
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Quote:
Originally posted by DRM
Got several replies back from that hoser at DeWalt... they are sticking to their guns.

Not like I am gonna be able to do anything about it, guess this one gets sold at an actual garage sale int he spring

I did fire back an email pointing out the trademark language - let's see what they say to that (re: black trigger vs. orange trigger)
E-mail them back and tell them to fawk off and read their own damn trademark. You are not in ANY violation. Can't they read.

Trademark:

Goods and Services IC 007. US 013 019 021 023 031 034 035. G & S: power tools, namely, drills. FIRST USE: 19910831. FIRST USE IN COMMERCE: 19910831
Mark Drawing Code (2) DESIGN ONLY
Design Search Code 140507 290608 290611
Serial Number 75446165
Filing Date March 6, 1998
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition November 10, 1998
Registration Number 2348050
Registration Date May 9, 2000
Owner (REGISTRANT) Black & Decker Corporation, The CORPORATION MARYLAND 701 E. Joppa Road Towson MARYLAND 21286
Attorney of Record KEITH A VOGT
Description of Mark The mark consists of a two color scheme using yellow and black wherein the color yellow is applied to the housing and handle and the color black is applied to the trigger. The dotted outline of the goods is intended to show the position of the mark and is not part of the mark. The drawing is lined for the color yellow and the color black is represented in solid coloring.
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE
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Old 01-08-2004, 10:54 AM   #39 (permalink)
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I *did* email them Matt, waiting for a reply...


But what am I gonna do?
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Old 01-08-2004, 10:59 AM   #40 (permalink)
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because I just cranky and arguementative enough
What do you mean enough I thought you were the poster boy for "cranky and arguementative".
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Old 01-08-2004, 11:03 AM   #41 (permalink)
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I *did* email them Matt, waiting for a reply...


But what am I gonna do?
Is there anyway you can sue them in small claims court for something. You can file for a few dollars, and it would at least cost them more than that. I mean if that guy can sue the cable company for making tv "adictive" and making his wife fat, you should be able to sue dewalt for something..

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Old 01-08-2004, 11:08 AM   #42 (permalink)
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I *did* email them Matt, waiting for a reply...


But what am I gonna do?

I'd be more than happy to fire off some e-mails to them if you'd like.
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Old 01-08-2004, 11:09 AM   #43 (permalink)
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Is there anyway you can sue them in small claims court for something. You can file for a few dollars, and it would at least cost them more than that. I mean if that guy can sue the cable company for making tv "adictive" and making his wife fat, you should be able to sue dewalt for something..
thats exactly why the country is as fawked up as it is...suein people over stupid shit
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Old 01-08-2004, 11:12 AM   #44 (permalink)
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I had the same fun but from Milwaukee Tools I had a cordless Dewalt sawzall and used the term "sawzall" they didn't pull my auction they had their lawyers send me a nasty letter saying re-word it or your goin to court!
That's a different story...... the term "Sawzall" is a trademarked term of Milwaukee for their line of reciprocating saws. It's like "Xerox", "Kleenex", etc. They *WILL* lose trademark protection if they fail to pursue infringements. Kimberly-Clarke, the owners of the "Kleenex" trademarks, spends a ton of time and money ensuring that the competitors aren't using the term.

I'd like to see this dragged into court, though. The Dewalt trademark description is deliberately vague and far too wide-ranging in my opinion.

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Old 01-08-2004, 11:14 AM   #45 (permalink)
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I think I am just gonna sign it and raffle it off here on PBB
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Old 01-08-2004, 11:15 AM   #46 (permalink)
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I'd like to see this dragged into court, though. The Dewalt trademark description is deliberately vague and far too wide-ranging in my opinion.

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What do you mean. The color 'Yellow' is perfectly clear to me No shades there to interpret...yeah, right
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Old 01-08-2004, 11:18 AM   #47 (permalink)
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I think I am just gonna sign it and raffle it off here on PBB

Maybe I'll win then I could have two POS DeWalt colored drills.
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Old 01-08-2004, 11:21 AM   #48 (permalink)
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David, just make the drill photo greyscale...
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Old 01-08-2004, 11:29 AM   #49 (permalink)
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I say fight DeWalt on it! I would! see if some lawyer on here will give you alittle advice. and heres the other thing like you said your not the manufactuer and so im thinking buy selling the drill as used (not a distributer either) would mean that you were brakeing no laws. I say sew them in small claims if you have to they would have to spend way more time and money on that than you would.
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Old 01-08-2004, 11:42 AM   #50 (permalink)
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Quote:
Originally posted by CronusTRD


thats part of my job.

it sucks...trust me...i always buy too much shit on ebay cuz of it.
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