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Old 01-08-2004, 09:06 AM   #1 (permalink)
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So DeWalt tells eBay to pull one of my auctions...

Yup - that dang cheapo drill

Here is the offending drill:



And here is why:

Quote:
Thank you for your email of January 8, 2004.

Your auction listing showed a drill with a yellow and black color scheme. Such color scheme violates DeWalt's yellow/black color trademark. (See, e.g., Trademark Registration No. 2,348,050 at http://www.uspto.gov.) Accordingly, we requested termination of your auction.

Feel free to contact us if you have any further questions or comments.

Adan Ayala
DeWalt Industrial Tool Co.

What kind of crap is that?

I understand they need to protect their product image, but this is pretty stupid
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Old 01-08-2004, 09:08 AM   #2 (permalink)
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Yes it is stupid


Now spray paint the handle red and re-list
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Old 01-08-2004, 09:08 AM   #3 (permalink)
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wow.
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Old 01-08-2004, 09:09 AM   #4 (permalink)
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Is it a DeWalt drill? If not, I assume you didn't make the drill. WTF do they expect you to do with it? They ought to be going after the manufacturer, not some poor smuck that ended up with one.
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Old 01-08-2004, 09:10 AM   #5 (permalink)
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That is pathetic of dewalt. Your what $25 dollar drill is cutting into their revenues. yea whatever. I would report her to her supervisors for surfing the net on company time or find out what her job description entails.
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Old 01-08-2004, 09:10 AM   #6 (permalink)
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Quote:
Originally posted by Joe_W
Yes it is stupid


Now spray paint the handle red and re-list

It is tempting....


I sent an email back to DeWalt asking for clarification .... Such as the fact that they state a "yellow and black color scheme" when this one clearly has a yellow, ORANGE, and black color scheme"...
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Old 01-08-2004, 09:11 AM   #7 (permalink)
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hahah I woulda sent one back saying "look, Im just looking to get rid of this thing I have no use for. Perhaps you should contact the manufacturer rather than a consumer. "
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Old 01-08-2004, 09:11 AM   #8 (permalink)
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That thing looks orange to me! I would never look at it and think *ohhhhh...DeWalt*
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Old 01-08-2004, 09:11 AM   #9 (permalink)
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Wierd. I assume you didn't manufacture the drill, so WTF gives? Are you importing them or just trying to sell off a POS Christmas gift?

Yeah, tool manufacturers get really touchy about product color. Milwalkee and Makita have been known to be just as aggressive.

Not sure if any suits have won in court yet.
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Old 01-08-2004, 09:12 AM   #10 (permalink)
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Just have Chem chop it a different color and then post a disclaimer.
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Old 01-08-2004, 09:12 AM   #11 (permalink)
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Quote:
Originally posted by obex26
That is pathetic of dewalt. Your what $25 dollar drill is cutting into their revenues. yea whatever. I would report her to her supervisors for surfing the net on company time or find out what her job description entails.
I'm guessing that is her job.

A while ago I put up some copies of Windows NT that I had on Ebay. They were in original shrink-wrap, with CoA's and everything. It was yanked cause MS claimed it was pirated software

I need the "surf Ebay" job
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Old 01-08-2004, 09:13 AM   #12 (permalink)
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Quote:
Originally posted by obex26
That is pathetic of dewalt. Your what $25 dollar drill is cutting into their revenues. yea whatever. I would report her to her supervisors for surfing the net on company time or find out what her job description entails.

It is actually an entire system set up within eBay to prevent fraud... "VeRO"


And it is a reasonable system, but in this case is pretty stupid.


I have noticed in searching eBay there are TONS of these same drills, but all in BLUE... guess I was not "in the know" that DeWalt would crack down like this... fawkers


I may wait a month and re-list showing the blue ones, then in text "color may vary from pictured item"
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Old 01-08-2004, 09:13 AM   #13 (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!
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Old 01-08-2004, 09:13 AM   #14 (permalink)
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Quote:
Originally posted by Dog House
Just have Chem chop it a different color and then post a disclaimer.
Thats actually a pretty fawking good idea
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Old 01-08-2004, 09:13 AM   #15 (permalink)
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It really sucks when someone irrationally interferes with your life and tries to control how you do things doesn't it


Good thing you'd never be prone to such tendencies.
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Old 01-08-2004, 09:14 AM   #16 (permalink)
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Quote:
Originally posted by Joe_W
Yes it is stupid


Now spray paint the handle red and re-list



Then you would have Caterpillar on your ass.
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Old 01-08-2004, 09:17 AM   #17 (permalink)
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Repost it and and say in the add and title that it's NOT a Dewault drill
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Old 01-08-2004, 09:19 AM   #18 (permalink)
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quote:
--------------------------------------------------------------------------------
Thank you for your email of January 8, 2004.

Your auction listing showed a drill with a yellow and black color scheme. Such color scheme violates DeWalt's yellow/black color trademark. (See, e.g., Trademark Registration No. 2,348,050 at http://www.uspto.gov.) Accordingly, we requested termination of your auction.

Feel free to contact us if you have any further questions or comments.

Adan Ayala
DeWalt Industrial Tool Co.
--------------------------------------------------------------------------------



I wonder of GOD got a cease and desist on Bees and Hornets.
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The thick girls thread works for me because, now that im old, i need the large print version.
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Old 01-08-2004, 09:27 AM   #19 (permalink)
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"ten bucks or that drill and the cost of shipping to 44224" says that instruction sheet is writtin in ENGRISH
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Old 01-08-2004, 09:28 AM   #20 (permalink)
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Just put the pic up in black and white
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Old 01-08-2004, 09:29 AM   #21 (permalink)
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HA! Ya rat fawkin' bastages!

David, you *REALLY* need to pull up the trademark registration as pointed to in Dewalt's original email. It clearly states:

Quote:
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.
Seems to me that the trigger is orange in your picture.

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Old 01-08-2004, 09:32 AM   #22 (permalink)
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Just put the pic up in black and white
Damn, beat me to it. Why not?

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Old 01-08-2004, 09:35 AM   #23 (permalink)
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try this one...
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Old 01-08-2004, 09:35 AM   #24 (permalink)
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I'd tell Dewalt to go jump off a cliff... Actually, I'd explain that it is not a Dewalt drill, but you and everyone you know is going to sell their Dewalt items on eBay so they can buy some quality Milwaukee (red handles) stuff.

I can see name, emblem, design features, and such as being trademark items, but simple color? I guess Ford should have trademarked black as a color so noone can buy a black Toyota or Chevy?

Tracy
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Old 01-08-2004, 09:36 AM   #25 (permalink)
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or this...
Pic down below... hit the button too fast.
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Last edited by billjohn; 01-08-2004 at 09:45 AM.
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