From another board:

Jessica of Wonderoos is facing legal action from Fruit of the Loom (the maker of Underoos). They're threatening to sue her for damages for the irreparable harm she's caused them and the public by using the name "Wonderoos" for her diapers Now she's scrambling to either find a new name for her company or a way to mount an effective legal defense. Her business is based in CA, btw.


Sounds like it might be time for a boycott to me. FOTL's feedback form is here, if you feel like giving them a piece of your mind: http://www.fruit.com/contact_us.cfm?cat_id=84&nav_level=1&nav_selected=contactus

but I am always mistaking those darn "cloth Wonderoos" for those superhear "underoos" all the time:confused:

Come on !!!!!

:mad:

I sent them a letter:thumbsup:

:eek:

I can't believe that. They are different names and everything. She's not putting bat man on the dipes so what does it matter?

Sounds like they are trying to put her out of buisness. Unfortunatly they've got enough money to follow through as far as they need to.

I've already started boycotting since I can't find any underwear, undershirts that are made in the USA anymore. I just make my own now.


irreparable harm she's caused them and the public What? from selling cloth diapers?

:mad:

So they own any words that end with oo? Is that it? Someone call Australia and tell them to stop making kangaroos. Good grief.

Jessica posts here, doesn't she?

Katie

Originally posted by ^i^Katie^i^
Someone call Australia and tell them to stop making kangaroos. Good grief.

Actually, that'd be the job of the shoe company that made "Kangaroos" back in the 80's :p

Underoos:
http://www.brandchannel.com/features_profile.asp?pr_id=32


Wonderoos:
http://www.wonderoos.com/


No doubt!!!

They have a Registered trademark on Underoos not "Wonderoos"

I wouldn't be scared into compliance, I know it's scary especially being so small, but someone out there, the local news station etc... needs to put a spot light on this to show how ridiculous this is.

Fruit of the Loom is basically saying their customers are so stupid they can't tell the difference between the names or the look of the product.

What the heck kind of irrepairable harm could a diaper wahm possible cause to an underwear manufacturer. It's not even as if they sell diapers and you could confuse the two names.
gosh I feel bad for her!

edited for keyboard induced typos and grammtical errors :rolleyes:

See! It CAN happen!

That's why I get on the copyright/legal soapbox now and then. Sure, it probably WON'T happen, but this is proof that a big dog can go after a little one - without hurting the big one a bit!

Arg. How awful for her! It's not even the same. Maybe that have a copyright on that name too? Sometimes companies file for the copyright of names that are close to theirs. It pays to find out from the beginning.

I am so sorry she has to go throught this. What a PITA! :mad:

Let us know if we can help!

It's not like wonderoos are in the stores hanging right next to the underoos! How ridiculous!:confused:

Originally posted by ^i^Katie^i^
Someone call Australia and tell them to stop making kangaroos.

:lol:
I cranked out an email to them and I'll copy this post and link and pass it on. Corporate greed makes me ill.

That is very sad. Money is the root of all evil :mad: And what they are doing is EVIL

I hope she can get some attention from the media or another source so that they will sit down and shut up! It's not like she's even any kind of competition for them whatsoever, it's not even the same product!

Disgusting...I wish that a WAHM who had the money and the nerve to go up against a !@#$!~@#$ company like this could do it and shut them up legally as well as literally. :rolleyes:

I get that she's scared though - don't want to say that's what she "should" do...just wish someone with a bankroll would help her stand up to those ridulous men in fruit costumes.

I sent a letter too. Simply absurd. :mad:

good grief!

off to type a letter...

eta: I just sent this...

I heard that your company is following legal action against a work-at-home-mom, owner of "Wonderoos". I don't know this lady in question personally, but if this is true and the reason is because her company's name "wonderoo" RHYMES with your "underoos", I will be boycotting FOTL and spreading the word. It is really sad to see what I had considered a respectable, large corporation playing the bully with a work-at-home business.

Looking forward to a response and an explanation.

Ana Hourahine

Things like this make me wish I had gone to law school. Can you imagine a WAHM lawyer? lol! Defend someone in exchange for free cloth dipes. :D That would actually be kind of neat to have like a WAHM version of HSLDA where you paid a fee every year in exchange for legal representation if something like this should occur.

I wrote to them

Here is what I wrote

I am a little confused as to why Fruit of the loom is threatening legal action against Wonderoos. I guess I am confused because FOL makes underwear and uses the term underoos in regards to some childrens sets but last time I checked FOL did not make diapers (Which is what Wonderoos sells) I am really confused as to what kind of damage a small WAHM business could do to a Large coorporate business such as FOL. I guess it is just pretty sad that a lage business could go to this level to put a small business out of business, and I will take my underwear shopping elsewhere if this can not be resolved.

Hmph. Wonder if they will go after hemparoos next.. because you know.. they make SO many pairs of hemp underpants! :joker:

Off to write a letter!! :)

no.. FOTL does not own a trademark on the name "wonderoos" (you cant copyright a name ;) ).... as of right now their isnt any official trademark filed for the name. They are just saying they are "confusingly similar" :rolleyes:

I feel so awful for Jessica. She posted this over at MDC:

ok a few things I can clear up and others I can't comment on...
they are suing for trademark infringement and are seeking damages for unfair competition and "irreparable harm" I've cause them and "the public" they also seek damages for the advertising they feel will be necessarry to "dispell the public confusion over the two products and the companies that manufactur them"
the bottom line is that many cases like this come up and when they are fought the compnay being sued generally wins the right to keep their name. Of course that costs about $50,000 to go to court.

I will change the name because I can't fight them, I don't have that kind of money. I am still the only person working for Wonderoos LLC so I am definetely a wahm and a small business and I just can't justify going bankrupt over it. I have been assured by my attorneys that I did nothing wrong and that in fact when the wonderoos name was researched prior to us using and trademarking it, the search came up empty, meaning no one ever used that name as a trademark or registered it as a trademark. Those searches are expensive and very thorough and done by attorneys.

I am hurt and angry that I will have to change both my company and product name. I do not harm any underwear manufacturers and actually do them a service if it is true that cloth diapered babies actually potty train earlier therefore require underwear at an earlier age.
What my lawyer says is that corporations that size have the same heart as cigarette companies...they just don't care.
It is likely as well that FOTL has some stake in with a disposable diaper manufacturer and my press release does make it sound like we are really moving up in the world so it presents a conflict of interest for them i'm sure.

Please feel free to email me with any questions. I'm sure you can all understand my frustration and heartache over this. Even if I choose a new name it will be expensive for me considering the need for everything from a new domain name to a new logo, business cards, business checks, LLC paperwork for the name change etc. This will cost me money that I don't have no matter what and so it makes me sad. As a mama this comes just before Christmas and wasn't how I'd hoped to be spending my holidays.

I appreciate your support so very much and I will update as often as I can.
Thank you from the bottom of my heart for your letters, emails and kind posts they mean so much to me at this time.
Jess

:(

tthats so pathetic of them. Off to write a letter also

You know...I've been waiting around for the disposable diaper companies to start getting on our case about cloth...OR start making cloth diapers themselves. They already use lines like "feels more like cloth".

I'm thinking that wahms are going to have to start REALLY being careful about patterns, trademarks, etc. These people will play dirty, and they know we don't have the money to fight them off.

:shake: The is horrible! I am boycotting FTL(which is a big deal because it is the only underwear we all like here) and writing a letter.:mad:

Wrote my letter.

B%star&s. I usually don't cuss but IMO this is a good time to.

I wrote:
"I am writing to inform you that because of what your company is doing to a small business Work-At-Home-Mother (Wonderoos Diapers) I will not be purchasing your products anymore. It is absurd and mean of your company to pursue this nonsense that the public will confuse "Underoos" with Wonderoos. You are bullying, plain and simple.
My money and I will go elsewhere. I am not alone. Fruit of the Loom, you should be ashamed of this kind of "business" practice."


Put that in your panties and twist it, fruit boys.:mad:

Katie-You are so clever. The kangaroo comment made me laugh hard

This is so sad!!! I wish there was some way we could help her beside writing the company and telling them they are being idiots.

I'm usually not interested in defending a big corporation in a situation like this, and I don't think the WAHM in question did anything wrong. But I think there are a few critical facts about trademarks and trademark infringement that aren't being acknoweldged here.

When you own a trademarked name, you are not only protected from other products being named with your trademark, but other names that are similar enough to it so that people might be confused either that the products are the same or that the same manufacturer makes both products. Hardly anybody tries to market a product with the exact trademarked name, but I'm sure you see in the store everyday similar named products. Here are some examples of companies that have sued and won for trademark infringement even though the product names were different:

Bacardi (makers of Rum) sued manufacturer of Bacarbi lighters
Tylenol (Johnson & Johnson I think) sued Kroger for making Actenol
Exxon Corp sued owners of local motel named Texon
Squirt sued 7 up for making Quirst
Ernest & Julia Gallo sued Joseph Gallo cheese (their brother, btw)

You have a better argument that a similar name isn't confusing to the public if your product isn't the same type of product (i.e. Texon is a motel whereas Exxon is gasoline), but I think in the present case, cloth diapers and underwear for kids do make it likely that people will think that Wonderoos are made by the same company that makes the wildly popular Underoos. And the problem is that if you don't like Wonderoos, you might think that Underoos will also be bad, and you might tell your friends that, too. That's the kind of "irreparable harm" that FOTL is worried about. And suppose one day that there's a big scandal that relates to Wonderoos-- one of the retailers starts cheating customers or the product gets swallowed by a championship showdog and he dies, then all that bad press might get attributed to you somehow. So companies are right to defend against other products being made that sound similar to their product name. I suspect that if another WAHM opened up shop and made children's clothing called "Mara's Pants" or mama pads called "Kirsten's Cloth Pads" that we'd all flame her up one side and down the other. Again, I don't believe there was any attempt here by the Wonderoos WAHM to deliberately capitalize on FOTL's catchy underwear name. But diapers are pretty similar to underwear, and I think that FOTL is justified in arguing that their trademark is being infringed. From my knowledge of trademark law in this area, I suspect that the Wonderoos WAHM would probably lose.

The other justification that FOTL has in vigorously defending its trademark is that you can lose your trademark if you know about potential or actual violations and then fail to do nothing about them. So, for example, if FOTL knew about Wonderoos but didn't threaten to sue or actually sue the WAHM, their trademark would be vulnerable and the next time they chose to defend it (e.g. some upstart undie company starts marketing Underooz), they are in a much worse legal position to defend themselves.

I don't think this is an example of a big bad corporation picking on a WAHM. There are real issues at stake, both as they related to Wonderoos and as they relate to Underoos. The corporation would be reckless if they didn't pursue it, and they have valid arguments that their trademark is being infringed.

I am sorry for what the WAHM is going through-- but I just don't think it's fair to the corporation to label them as evil for protecting their intellectual property.

Karla

Ugh

I wrote them too:

I heard that your company has instigated legal action against a work-at-home-mom, Jessica owner of "Wonderoos". She is accused of making a product with a name that is being confused with your product "underoos"
Do you even know what product she sells? Cloth diapers. Not underwear. I fail to see where the confusion is? Unless you are in a partnership with a diapering company-your allegations are absurd. I will be boycotting FOTL and spreading the word unless this is dropped. I am sure you have already received hundreds of emails regarding this. This shows you what a large community the work at home mothers is and how large of a customer base they have. This is being told to EVERYONE and your image is being very tarnished.
I used to think highly of your company and bought your products for my children. But it is really sad to see a company that you think is respectable going after a work-at-home mom business. How pathetic to have to go after the "little guy"

I am very disappointed.

Yuck. I can't iamgine being "confused" by a diaper maker called Wonderoos and underwear known as Underoos. But hey, maybe I am just not easily confused. Or something. :p

I am off to write a letter too. :thumbsup:

Originally posted by MissNairne



Put that in your panties and twist it, fruit boys.:mad: :lol:

Get news companies in on this and make a HUGE stink out of this. I bet some celebrity cloth diaper users would be interested in boycotting.:D

Originally posted by Shoshoni
Get news companies in on this and make a HUGE stink out of this. I bet some celebrity cloth diaper users would be interested in boycotting.:D

I was thinking the same thing. I know MSN has a weird news page. I think this fits the bill.
Also a show like Dateline might like a story like this. They always like the lil guy against the big guy stuff.

It's true her best option is just to give up though. I think that is so sad. Unless a big media outlet picked up the story there really is nothing else she can do.

I think anybody with any common sense would not associate a WAHM business with a big brand name, but obviously FOTL seriously underestimates people.

I sent a letter!

Originally posted by lifetapestry
I am sorry for what the WAHM is going through-- but I just don't think it's fair to the corporation to label them as evil for protecting their intellectual property.

Karla :ditto:

I emailed them. Post it on the other board I go to, sent an email to my ap mom group. I hope i get the word out.

I just posted about this on a couple other boards. I really feel awful for this momma.

And I do see how some people who are unfamilar with cloth diapers will be confused. After all, they both do cover their hineys & catch pee/poop! :rolleyes:

It makes me sick when companies go after the wahm. And from what the detectives (;))at MDC have found is that FOTL does not have a trademark on "Wonderoos."

If she doesn't have the money, I'm wondering maybe we can donate money to help her cause. So many moms out there who want to help and every little bit can help.

I emailed Dateline

dateline@nbc.com

S~

Originally posted by playpenlady
I emailed Dateline

dateline@nbc.com

S~

a bunch of women at MDC have been emailing 20/20 also.

I could see how the name could be somewhat confusing, but FOTL doesn' t even make underwear for babies, duh! The products are not at all similar IMO and this is just a load of crap. When you think baby products, FOTL doesn't even come to mind!

Diapers are in now way similar to underwear, sorry! Since when does underwear have snaps on it!?!

I really wish she could fight this somehow. It's BS that she has to go through all this after building her business from the ground up! I'm sure legally she does have a leg to stand on, but it's the cost that's so upsetting. ****, this sucks!

hi mamas thanks so much for the support it is soooooo appreciated.

FWIW there actually is a case of Dreyers ice cream suing Breyers ice cream and Breyers won the right to keep their name so sometimes the little guy does win and Breyers is huge now too.

In that case they were also selling the same product and in my case, we are not.
They are also seeking huge amounts in damages and there is just no way I've caused enough "confusion" to seriosly harm them.

My attorneys actually believe I would win my case because I can prove that my product name related directly to my product.

But the estimated cost is over $50,000.00 and I just dont' have it.
So unfortunately I am searching for a new name for my diapers and for my company.
I really appreciate your thoughts and supoprt though, I know we will never buy their products again because of this.
Jess

Originally posted by Wonderoos
hi mamas thanks so much for the support it is soooooo appreciated.

FWIW there actually is a case of Dreyers ice cream suing Breyers ice cream and Breyers won the right to keep their name so sometimes the little guy does win and Breyers is huge now too.

In that case they were also selling the same product and in my case, we are not.
They are also seeking huge amounts in damages and there is just no way I've caused enough "confusion" to seriosly harm them.

My attorneys actually believe I would win my case because I can prove that my product name related directly to my product.

But the estimated cost is over $50,000.00 and I just dont' have it.
So unfortunately I am searching for a new name for my diapers and for my company.
I really appreciate your thoughts and supoprt though, I know we will never buy their products again because of this.
Jess

((HUGS)) Jess. I'm sorry you are going through this right now.

here's my letter:

Regarding the "Wonderoos -vs- Underoos" legal action: Prior to this incident I had no preference for Haynes or Fruit of the Loom. From now on I will be sure to choose Haynes everytime. I hope to find out this was all a mistake and FTL will reverse all legal actions and apologize to the owner of Wonderoos. Otherwise I will share this story every time I deem appropriate.

I don't think this is an example of a big bad corporation picking on a WAHM. There are real issues at stake, both as they related to Wonderoos and as they relate to Underoos. The corporation would be reckless if they didn't pursue it, and they have valid arguments that their trademark is being infringed.

I am sorry for what the WAHM is going through-- but I just don't think it's fair to the corporation to label them as evil for protecting their intellectual property.

Karla [/B]

I'd think you would have a valid point if Jessica were making children's underwear. But, there is a clear and real difference between a cloth diaper and a pair of underwear with cartoon characters on it.

I enjoy reading your view on the topic, but really......this is exactly what it appears to be. A large corporation going after a small business not because it is legally right, but because they can. You cannot honestly think that Wonderoos has somehow caused FOTL to lose business or tarnished their name. They know that a small company cannot possibly challenge them without going bankrupt. With the money and means that FOTL has they would bury Jessica and Wonderoos LLC and THAT IS WRONG, no matter how you look at it.

Did any of you guys that emailed FOTL get responses? Just curious what their reactions are.

Jess, could you possibly put a link to FOTL for those who got the wrong sight? (I have seen that done with a company called graco linking to the baby product sight)

sorry you even have to go through this crap :mad:

Originally posted by MissNairne
I wrote:


Put that in your panties and twist it, fruit boys.:mad:

:joker: :joker: :joker: :joker: :joker:

there are links at MDC in the activism board and at diapertalk at diaperpin but I'm not allowed to link to them or to "encourage" letter writiing etc. However I am freely allowed to encourage mams to express themselves I just cant' give the link LOL sorry attorneys orders
I wish this was all a nightmare though because trying to think of a new name is difficult

Originally posted by Wonderoos
there are links at MDC in the activism board and at diapertalk at diaperpin but I'm not allowed to link to them or to "encourage" letter writiing etc. However I am freely allowed to encourage mams to express themselves I just cant' give the link LOL sorry attorneys orders
I wish this was all a nightmare though because trying to think of a new name is difficult

I think what she meant is can you put a link on your site for people that are looking for Underoos and get your site by mistake...one of those "if you are looking for FOTL underoos, click here" with a link....to pacify FOTL anyway

oh ok I get it, I don't think so , they actually want me to change the name completely.

Originally posted by twiceblessed
Things like this make me wish I had gone to law school. Can you imagine a WAHM lawyer? lol!

:thumbsup:

"I am unspeakably saddened to hear that your company is going after a Mommy who provides for her family by sewing cloth diapers from her home. How she has detracted from your business is beyond me, but I assure you, your action against her has lost you many a customer. I will not be purchasing Fruit of the Loom products any more, and I will be sure to enlighten other moms regarding your unethical treatment of female owned business. Your dancing grapes are trampling on *people* this time.

Panties in a wad,

S.B."

ok forgive this corny middle of the night rambling.. but how about
www.notfruitoftheloom.com
or
www.notunderwear.com


I cant believe those a**holes. I will be writing a letter too.

wow. this is still under my skin.

wonderoos--isn't this based on the word wonderful?

underoos--isn't this based on the word underwear?

what about k-mart, wal-mart, etc? corporations now want to own the rights to suffixes? a bit much, no? :rolleyes:

I am so sorry Jessica.

I agree with what Karla is saying and I do see where someone could get 'confused'.
However, for FOTL to say you have 'damaged' them?
:rolleyes:

Again, I am very sorry.

Hope

jess:

have they actually sued you? have you considered asking for a meeting with them to talk it over and explain what you do? maybe they'll want to buy you out and start producing mainstream cloth diapers :)

but seriously, if your lawyers believe that their case is weak, the correct way to address it would be with a summary judgment motion, saying there are no factual issues for trial. they would only need limited depositions--one would be enough to prove they have suffered no damages, and most of the other issues are legal ones. so what's up with the 50K pricetag?

I'm so sorry they are doing that to you, makes me ill. That seems so high for fees. :( i'm still boycotting their products anyways.

Originally posted by kormsby
I'd think you would have a valid point if Jessica were making children's underwear. But, there is a clear and real difference between a cloth diaper and a pair of underwear with cartoon characters on it.

I enjoy reading your view on the topic, but really......this is exactly what it appears to be. A large corporation going after a small business not because it is legally right, but because they can. You cannot honestly think that Wonderoos has somehow caused FOTL to lose business or tarnished their name. They know that a small company cannot possibly challenge them without going bankrupt. With the money and means that FOTL has they would bury Jessica and Wonderoos LLC and THAT IS WRONG, no matter how you look at it.

The issue is not whether there is a difference between a cloth diaper and a apir of underwear. In trademark law, the issue is called "source confusion", which means that the alleged confusion for consumers is that they will think that wonderoos are made by fruit of the loom, not that that someone will accidentally buy wonderoos and think that they are underwear. This is exactly why Jospeh Gallo lost the right to produce "Joseph Gallo" cheese, because Julio and Ernest successfully argued that consumers might believe that they made the cheese, and if they didn't like the cheese, then their wine business might suffer.

So, no, I can't agree that FOTL is "wrong" to enforce their rights to their intellectual property. I think that your bold conclusion is very simplistic and without adequate consideration of what's on the other side of this. You are free to believe whatever you desire, but the caselaw on this subject suggests to me that it is not at all clear that Jessica would win if she went to court. She could very well lose even if she had the same resources to fight as FOTL.

Karla

No, you can't copyright a name, but you can trademark it which gives you almost the same protection as copyright.

When I was in marketing, we often had to come up with names and have been to federal court numerouse times over trademark infringement.

It is especially touchy when you are in a similiar industry.

Both Jessica and FOTL cover small bottoms with cloth material which is why they would be considered in the same industry.

You can also trademark a tag line.

One company, not in our industry used the phrase "We're on that" which would have been perfect for us. But we couldn't use anything remotely like that, not "We do that", "We're like that", "We're on it", etc.

Also we sued two companies for using a similar name. We owned every form of Closing the Communications Loop, so no one else could even get close.

Did Jessica harm them? Of course not!!!!!!!! It's stupid. Like we hashed and rehashed on this board, it may not be RIGHT. Rather it simply IS. It is what it is. Just because we don't like it does not mean it doesn't happen. Just because we don't like it, doesn't mean that it still isn't legal. Legal doesn't make it right, but it does make it possible for companies to sue you, whether you agree with the law or not.

I think they are stupid and wrong to sue her. I think it is wrong that she would have to pay lawyers herself to defend herself.

FWIW, one job of every marketing team (and companies like FOTL have huge departments) is to surf the web everyday to see if there is anyone using a trademark name, tag line or slogan. Heck, I still do it for my old company out of habit and I haven't worked there for a year, it is so ingrained in me.

So, they can and do search for things such as this. Right or wrong (and WRONG IMO!!), they can and do sue - whether you make 50 diapers a year or millions of gallons of ice cream a year. They DON'T CARE. They will NEVER CARE. It's all about the benjamins.''

And in the end, only the WAHMs will be hurt, 'cause they have teams of lawyers on retainer.

It sucks.

I wrote a letter.... All this makes me want to do is go buy a ton of Wonderoos!!!!

Did Jessica harm them? Of course not!!!!!!!! It's stupid. Like we hashed and rehashed on this board, it may not be RIGHT. Rather it simply IS. It is what it is. Just because we don't like it does not mean it doesn't happen. Just because we don't like it, doesn't mean that it still isn't legal. Legal doesn't make it right, but it does make it possible for companies to sue you, whether you agree with the law or not.

This whole thing sounds like an instance of the legal department at FOTL justifying their own existence.

It's ridiculous and sad.

Originally posted by twiceblessed
Things like this make me wish I had gone to law school. Can you imagine a WAHM lawyer? lol! Defend someone in exchange for free cloth dipes. :D That would actually be kind of neat to have like a WAHM version of HSLDA where you paid a fee every year in exchange for legal representation if something like this should occur.

I've heard a few people mention this. I think it would be the greatest idea.

So, no, I can't agree that FOTL is "wrong" to enforce their rights to their intellectual property.

I'm with you Lifetapestry. While I feel for the WAHM involved, I totally understand that even big business has to protect their interest.

I think the point that many are conveniently overlooking is that if a company doesn't fight to protect their trademark in every single instance where infringment is even suspected, they could lose it forever. Trademark is not like copyright in that very important sense--you don't lose your copyright unless you surrender it or unless you die and 70 years pass. Trademarks are very vulnerable. Companies have to defend them, in every case no matter how mall or seemingly trivial, or they could lose their trademark. ANd as we all know, Trademark is very very profitable.

FOTL might not even expect to win. IT doesn't actually matter if they win or not, they have to try. THey have to protect their trademark. I don't see what's wrong with that, ethically, legally, or any other way. It's not their fault that trademark law sucks.

Originally posted by anise
I'm with you Lifetapestry. While I feel for the WAHM involved, I totally understand that even big business has to protect their interest.

I think the point that many are conveniently overlooking is that if a company doesn't fight to protect their trademark in every single instance where infringment is even suspected, they could lose it forever. Trademark is not like copyright in that very important sense--you don't lose your copyright unless you surrender it or unless you die and 70 years pass. Trademarks are very vulnerable. Companies have to defend them, in every case no matter how mall or seemingly trivial, or they could lose their trademark. ANd as we all know, Trademark is very very profitable.

FOTL might not even expect to win. IT doesn't actually matter if they win or not, they have to try. THey have to protect their trademark. I don't see what's wrong with that, ethically, legally, or any other way. It's not their fault that trademark law sucks.

Perhaps AT THE MOST they should be asking Jess to simply change her product/company name. But did you know they are actually seeking damages for "irreperable harm" to them and the public!! That is the kicker and a bunch of BS. They aren't just trying to protect their name they are actually trying to seek monetary damages. Come on....you can't possible condone that!

Originally posted by kormsby
Perhaps AT THE MOST they should be asking Jess to simply change her product/company name. But did you know they are actually seeking damages for "irreperable harm" to them and the public!! That is the kicker and a bunch of BS. They aren't just trying to protect their name they are actually trying to seek monetary damages. Come on....you can't possible condone that!

I'm not a lawyer, and I don't know what is considered adequately defending one's trademark. If they can legally defend it simply by requesting a name change, then I agree, they should do that. I don't know what all is necessary. Still, it sucks for the WAHM involved. There's not two ways about that.

I just wrote--told them I am boycotting and will be telling friends about this as well.

Sending a note on that link you provided. Thanks.

I mentioned that our family of 8 buys a awful lot of fruit of the loom....but will be switching our dollars to either JC Penny or Hanes in light of their actions.

Michelle

Maybe she should have thought more thoroughly about the name of her product. I mean with a name like wonderoos i would think of the underwear product not diapers. That is a well known name. I think this company is just defending the name of their product.

It would take alot more than this for me to boycott a company. IMO the person who is at wrong is the one who named their product the same as a well known product. WAH business or not i don't beleive she had the right to do this.


But then this is just MO.


Sue

Underoos never even crossed my mind when I think of wonderoos. I still think it's absurd

Yay to those who wrote in!!! Check this update! (http://www.amitymama.com/vb/showthread.php?s=&threadid=206580)

Originally posted by Suefrog36
Maybe she should have thought more thoroughly about the name of her product. I mean with a name like wonderoos i would think of the underwear product not diapers. That is a well known name. I think this company is just defending the name of their product.

It would take alot more than this for me to boycott a company. IMO the person who is at wrong is the one who named their product the same as a well known product. WAH business or not i don't beleive she had the right to do this.


But then this is just MO.


Sue

Obviously, it is JUST YOUR opinion :rolleyes:

sue,
I did not name my product the same name as theirs and thankfully they have dropped the suit and they agree that not only does the name wonderoos belong to me, but so does the trademark. They also mentioned that the name wonderoos fits my product perfectly based on it's design. I'd see your point if i called the diapers underoos, but I didn't.
Glad the opinion of most moms is now shared by FOTL.

thanks to everyone who supported me and Wonderoos!
Jess

Woo hoo! :)
I don't see confusion myself!

Did y'all know of Warren Buffet's involvement?
http://www.berkshirehathaway.com/news/apr3002.html
More subsidiary companies:
http://www.berkshirehathaway.com/subs/sublinks.html

Unbelievable!!!!!!
I hope she fights and wins, I meant there are sooo many companies that have similar names/products. WTBD!!!
Good Luck
Jodi

wow, this is an OLD post, LOL.

Unbelievable!!!!!!
I hope she fights and wins, I meant there are sooo many companies that have similar names/products. WTBD!!!
Good Luck
Jodi

They settled out of court, mainly in part to the large number of emails/letters that FOTL recieved :).

She can keep the name for roos, but has to change her company name. So, her company is now wonderworks. Oh, and all the new roos have a wonderworks tag instead of a Wondroos tag.

PP thanks for the links.

Michelle

Makes me want to go buy some Wonderoos...

off to write my letter