Re: Links of London ad urges customers to shun fakes

by Trolldog Sun Sep 04, 2011 4:48 am

This is what the US Code states:

The ownership by a person of a valid registration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register shall be a complete bar to an action against that person, with respect to that mark, that is brought by another person under the common law or a statute of a State and that seeks to prevent dilution of the distinctiveness of a mark, label, or form of advertisement.
(4)
The following shall not be actionable under this section:
(A)
Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.

Thoughts????

by speedy Mon Sep 05, 2011 3:33 pm

The more I read about the dissatisfaction of collectors with most things Trollbead, the more tempted I am by artisan beads. I have bought some beautiful beads, both from etsy and Macrow with no agonising or bad feeling, why has Tb made things so complicated and emotionally fraught.?

by DblJJ Mon Sep 05, 2011 3:38 pm

Looks like the new direction management is taking. Taking the family out and putting the profit in. I am not sure they understand who their true customers are. It also seems to me that the new management is attacking the 'low hanging fruit" first to score success points for their plan.(special bead makers like TD who are small and will most likely not fight back) IMHO

by speedy Mon Sep 05, 2011 3:42 pm

perhaps it is 'who their true customers WERE'?

by Molamola Mon Sep 05, 2011 3:46 pm

Trolldog wrote:This is what the US Code states:

The ownership by a person of a valid registration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register shall be a complete bar to an action against that person, with respect to that mark, that is brought by another person under the common law or a statute of a State and that seeks to prevent dilution of the distinctiveness of a mark, label, or form of advertisement.
(4)
The following shall not be actionable under this section:
(A)
Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.

Thoughts????

Commence law must be an absolute nightmare to traverse nowadays given the advent of Internet trading. For example, the US has fair use statues but other countries do NOT. The UK does not and maybe Denmark doesn't either?

by maddybrown1 Thu Jan 05, 2012 9:56 pm

Are the names of current sellers of fake Trollbeads listed anywhere? This would be helpful to be as a new buyer.
Thanks!

by stacecase Thu Jan 05, 2012 11:03 pm

Trolldog, I would LOVE to see your beads, is there somewhere online that I can see them? Flickr? Etsy? Or do you have a gallery on this forum?

Thanks!

by tchristianson Fri Jan 06, 2012 1:18 am

I am really getting tired of troll beads. The christmas beads were of inferior quality (poor color that did not match pictures, small size). In the last couple of months, all the beads that I have purchased have been artisan. With the constant price increases, crappy quality and repititious designs (Chinese zodiac...really...)' they can keep them.

by trolladdict Fri Jan 06, 2012 3:05 am

Tchristianson, I agree with you. I recently bought an artisan bead that I cannot tell it is not a trollbead. It is the same size and shape. With all the brands out there, there is a lot to choose from. I haven't bought any of them yet but probably will.

by soxfan Fri Jan 06, 2012 3:12 am

tchristianson wrote:I am really getting tired of troll beads. The christmas beads were of inferior quality (poor color that did not match pictures, small size). In the last couple of months, all the beads that I have purchased have been artisan. With the constant price increases, crappy quality and repititious designs (Chinese zodiac...really...)' they can keep them.

by Treeinwind Fri Jan 06, 2012 5:45 am

Trolldog, that is just unfair. I would love to see your beads too. There is room on my bracelet for artisan and Troll, even if Troll and Ebay don't seem to think so!

by purpletibet Tue Jan 17, 2012 6:59 am

Trolldog, I would love to see your beads as well!! I didn't know you made your own gemstones, would LOVE to see those!

I am a little burnt out on TB, especially the way they are running their business and treating the small retailers that work their butts off trying to sell TB....its just not selling:( Internet dealers are taking away from store dealers I think.

There are a lot of artisan beads that I would love to have and am hoping to buy soon!

by LindaJo Tue Jan 17, 2012 2:35 pm

Trolldog's beads are here!

http://www.beadthrilled.com/f72-bead-buddies

by Engel Tue Jan 17, 2012 3:15 pm

Trolldog wrote:You know what, I don't blame them at all. This is the operative statement:
"In June this year, the company destroyed a number of fake bracelets being retailed as Links of London products, and just recently the company successfully sued 62 websites found to be selling counterfeit Links jewellery."

So why doesn't Trollbeads do the same thing? We all know there is a particular seller on ebay that blatantly sells fake beads claiming to be Authentic Trollbeads. Trollbeads chooses to ignore them and allow them to continue to sell the fake beads, while they accuse me of Trademark Infringement when I have NEVER claimed that a BeadBuddies Bead is a Trollbeads bead. Yet they can send a sworn statement to Ebay and pull my auctions for BeadBuddies and I can no longer sell them on Ebay. I would just like to find one person who bought a BeadBuddies bead from me and thought it was an authentic Trollbeads bead. I have never claimed this, so how can they morally and ethically...and legally, I might add, claim this falsehood? Seems Trollbeads would rather allow the huge counterfeiters to continue to make a profit selling actual counterfeit beads, and target a small town hobbyist bead maker who has NEVER claimed to sell authentic Trollbeads...why? Trollbeads does not have a patent on the beads designs. They have a copyright on their visual materials only (in the US). They have a Trademark for the word Trollbeads in the US. Legally in the US I am allowed to even compare my beads to Trollbeads, and this is not against the law. With all of the other huge dealers, for instance Macrows, and D4E selling artisian gemstones and glass beads, why would they outright lie to get me banned from selling BeadBuddies on Ebay? I'd love to hear comments on this. This is especially irritating to me when they first accused me of copyright infringement, stating all kinds of international copyrights they held...but when I wrote them back and stated exactly what was copyrighted, they then wrote me back and gave me instructions on how to list my beads on Ebay and be compliant. I am baffled and a bit tiffed at this action, and just cannot understand why I have been targeted when there are all sorts of auctions stating "fits, for, etc." trollbeads. I have copied them all, and even purchased beads from these auctions just to have proof. Counterfeiting is a problem. Being a Trademark Bully is also a problem. How much harm could I possibly be doing to their company when there are HUGE trollbeads dealers selling artisian stones and glass beads???????

I had no idea this happened to you troll dog, it is just unfair, really. they don't pay attention to people that are obviously selling fakes and using the name trollbeads, and for what I read, they conducted the peoples bead on previous years in a less than satisfactory way, not even checking for pictures that were obviously stock pictures for other brands of beads!

where is justice in that? i think they are picking all the wrong fights. and i agree with what links of london is doing!

if we pay for an item from a brand, we are also paying for the name, and it isn't cheap. so to see someone wearing fakes that cost a third of what we spent... it isn't a good feeling.

there are outstanding beads from not so well known beads brands, and artisans, but they are selling honestly like you troll dog, not claiming it to be something it isn't.

by Engel Tue Jan 17, 2012 3:46 pm

[quote="Trolldog"]

snowy wrote:
Are dealers in other countries allowed to sell TBs on Ebay? They may not have the rules the US does.

as far as i know, in germany they are allowed

by rainyday Tue Jan 17, 2012 6:00 pm

Very interesting move by L of L. Great way to educate buyers.

by GRUMPY Tue Jan 17, 2012 6:15 pm

I must say that if we buy artisan beads, that they enhance the trollbeads make beads. We dont buy artisan beads because they are cheaper necessarily but more because they offer us something TB doesnot.. Trolldog beads were a typical example, unfortutanately TB just cant see this..

the word ENHANCE says a lot though..;-) I love my artisan gems..

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