Window Mates - Who is the trademark owner?

Full Member
t0psales
Posts: 383
Joined: 25 Jun 08
Karma: 
30 Jul 10 10:26:40 am
Got this email this morning

Dear austgaragesales,

I see that you are selling Window Mates, do you know that this is a
registered Trade mark product here in Australia and in NZ. WE need to have
a conversation before I start legal action against you.
You can contact me
by email to arrange a time.

Full Member
paul1978
Posts: 54
Joined: 27 Oct 08
Karma: 
31 Jul 10 11:05:45 am
they are trade marked items.

however they are also readily available on the web from suppliers who probably do not have resellers rights.

Maybe you just need authorization to sell there product or maybe they do not want you to sell it at all.

Site Admin
fudjj
Posts: 5906
Joined: 27 Jul 07
Karma: 
1 Aug 10 04:00:24 am
Got this email this morning

Dear austgaragesales,

I see that you are selling Window Mates, do you know that this is a
registered Trade mark product here in Australia and in NZ. WE need to have
a conversation before I start legal action against you.
You can contact me
by email to arrange a time.


That's an interesting one AGS, the usual line of action is to have your listing pulled straight away without any correspondence.

Did they have the listing yanked at all?


Mark (fudjj)

Community Manager
SaleHoo.com

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Full Member
t0psales
Posts: 383
Joined: 25 Jun 08
Karma: 
1 Aug 10 12:36:48 pm
Not at all, I did speak to my wholesaler and he suggested to pull it but I waited. I replied to him

Dear megabargins,

so you are telling me that I cannot sell something that my wholesaler
has listed..
start legal action, also apple and fisher price need
to also.
BTW, I am a bankrupt and no, I have not sold any of
them.
I have done a trademark search and you are not the owner of
the trademarks window mate and window mates.

NOW FOR HIS RESPONSE TO THAT

Hi Austgaragesales,

Thanks for the email, you are
correct about the "Trade Mark" it seems that I have let the Australian
Trade Mark lapse, and only now hold the NZ one.
I am also the manufacture
of this product here in Australia and it just upsets me that after nearly
40 years of Australian manufacture Chinese copies are now taking over the
market. I am sorry for being upset with you, My artwork, designs,
demonstrations, signage has been copied now in most countries. it is
interesting to note that on your current box there are 2 designs, the one
on the front is the original unit and the one at the top by the Window
Mates name,this was the new model I designed for the UK market 3 years ago
under the brand name of "Window Wizard"
After seeing a new copy coming
into the country I have now decided to stop manufacturing and exporting
this product from Australia.
I wish you all the best selling the Window
Mates, you should sell a few, we sold many thousands online

So a win for me.

Site Admin
fudjj
Posts: 5906
Joined: 27 Jul 07
Karma: 
1 Aug 10 09:55:27 pm
WOW

That has to be so hard for the poor guy, just sitting there watching his hard work and creativity get washed down the drain by knock-offs. I can't help but feel for him, I know I wouldn't be so resigned to it if it was happening to me, but there is a strong sense of the white flag being raised there in his response.

I know that quite a few have the attitude of selling cheap knock-offs is absolutely fine because they feel the rightful brand owner holder is screwing them on price, but that response should actually be a wake up call for those with that attitude, and I'm speaking of those that intentially sell knock-offs here.

It's not always a multi-million dollar corporation on the other end of that license, it can be joe average that has given up everything to follow their dream, and are being killed in the crush of everyone trying to take advantage of their hard work.

Leaves me with a sick feeling I have to admit, I really feel for the guy, but there has to be so many in the same boat with fakes taking over the world at the moment.

Still, the silver lining is that you're clear lol, has to be some good news in a story like that.


Mark (fudjj)

Community Manager
SaleHoo.com

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Full Member
t0psales
Posts: 383
Joined: 25 Jun 08
Karma: 
3 Aug 10 03:20:34 pm
actualy fudge, I don't think it was all his idea, maybe the design but remember those fish tank cleaners, two magnets and a piece of felt on each one..

I made contact with him again asking him what price he would sell them to me for if I list them in the USA

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