ABU has engaged a lawsuit of Tykables over their space themed Diaper

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Honestly, Todd goofed. I do that a lot, too, assume the Neurotypical talking to me, understands the way I meant something. I think Todd expects Casey to know he didn't mean to take any business away from ABU, just because Casey's Neurotypical, and NTs are better at that than we are. I totally get how, and why, Todd flubbed, but he's a business owner, and the word, "Space," is trademarked, so, this is one of those times where passing for NT would've been helpful. He's playing a game with an NT, and NTs set the rules, most of the time. Play by the rules, or make your own game, but, maybe, your game shouldn't be business?

This same thing happened before, he meant, "Stay and play, in a non sexual way, and not overnight," but he said, "Stay and play," and NTs thought he meant, "Stay and play, in a sexual way. Open all night."
 
ArchieRoni said:
Trademark! Copyright law isn't involved here at all. They're totally separate things, they're not interchangeable. The whole "you have to enforce" thing is only for trademark too, by the way.
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Yeah, sorry, I was speaking very generally/casually and shouldn't have used them interchangeably. Admittedly my dabbling in collegiate level law classes are more polisci/constitutional law than that sort of thing anyway.
 
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After taking the time to read all the details, this doesn't sound much different than a trademark infringement case in any other industry. While it does seem that this particular instance is a bit of a gray area and there's some room for interpretation, the basics are still the same: Company A owns the trademark to market a product under a specific name, company B releases a competing product using a similar name, then company A must defend their exclusive right to use the name in order to maintain it. Unless I'm missing something, this is 100% over the name used in marketing...Tykables just needs to change Space to something else (star, cosmic, galactic, interstellar, etc.) and there's no more conflict here. I wouldn't be surprised if this is the result of an oversight, and while it shouldn't have happened I'll be more concerned if the case actually makes it to court rather than being settled.
 
Ok I’ve thought about this a lot more than I needed too (since I don’t have a hand in either business apart from being an ABU customer) but suing people for something as frivolous as wanting to own a name/word/colour is a waste of life in my opinion and the more frivolous and ridiculous cases are the more at risk the rest of us are of answering cases on similarly daft things.

I know I like ABU products and will buy them, I know I am tempted by Tykables products and try them but would only buy on their merits not because I was mislead by the name.

I am sure their are plenty of peeps that have the opposite like to me, plenty that like them equally and plenty that like neither and that’s fine too.
 
Tykables should just change their name to ASTRO, it sounds cooler. I still think its petty on ABU's behalf... its not like they are loosing sales due to confusion or due to the similar naming...
 
Dang... Who cares? I mean really?

I get tired of all the drama in such things. Let the courts decide and then may they have to pay the court costs so you and I don't have to!
 
TeddyBearCowboy said:
Dang... Who cares? I mean really?

I get tired of all the drama in such things. Let the courts decide and then may they have to pay the court costs so you and I don't have to!
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I understand the sentiment but can’t help but be concerned a court case like this will either cost both companies a lot of wasted money which they will need to recover with more expensive diapers (in which case we pay) or Tykables gets broken by their blunder which costs the community choice.
 
Could you imagine if this went to court and hit the main stream media and newspapers? ABDL would start to get some publicity, I mean how else are they going to explain what the 2 companies are and what they do?
 
ComfyNappies171 said:
Could you imagine if this went to court and hit the main stream media and newspapers? ABDL would start to get some publicity, I mean how else are they going to explain what the 2 companies are and what they do?
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Thousands of cases go to court every week. Other than the odd law journal media wont pick this up, it's a very standard case.
 
Crappy deal for Tykables, having already manufactured and packaged their diapers with "Space Cadet" on the bag. We might be seeing some good deals on them in the near future though, much like they had before they were known as "Tykables". I remember ordering a case of "Snuggies" overnights for half price, I think.
 
ABU does have to defend their trademark, but I hope that ABU and Tykables settle quickly so that there are not large expenses that will be passed on to the customers.
 
A good company (and ABU is more than just a good company), would not be passing on such expenses to customers, it's just a bad business practice and it could be a very alienating thing to their current customers and potential new customers.

I mean it's one thing in cases like shipping (or other operating expenses getting higher), but things like this case against Tykables should not be included in such a category; any punishments should all be on Tykables for infringing by using the name "Space" (as much as a lot of us might feel like it's silly)
 
Trademarks protect commerce. If ABU loses a sale to every person that confuses their product with Tykables product, that
adds up. It's also like using your competitors advertising to help your own sales. If the trademark is registered than they can claim damages all the way back to the first occurrence.
 
BabyTyrant said:
A good company (and ABU is more than just a good company), would not be passing on such expenses to customers
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All expenses are ultimately passed on to the customers.
 
I hope not because it's Tykables that's in the wrong and people may refuse to buy if they start charging more because of court fees.

Idk about you guys, but ABUniverse diapers are already expensive enough, especially after adding shipping fees; which i understand was a necessity.

But if the price goes any higher due to court fees I would not support that by continuing to buy from them.
 
PCPilot said:
All expenses are ultimately passed on to the customers.
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unless of course it drives them out of business...
 
Perhaps I am alone in my view but my abdl side is about innocence and fun.

The world the way we wish it was, not the way it is in reality.

I have product from one of these companies and appreciate their stuff.

But this sort of 'wet blanket' legal conflicts takes away from the products they provide.

Very well may just go back to only using diapers from the mainstream market.

Who has a lawsuit against someone else is the last thing I want to think about when I put on a diaper.
 
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MailCat581 said:
My personal opinion is that ABU is doing wrong by engaging Tykables in this matter. Tykables did not infringe on ABU's product because Tykables named their product "Space Cadets"; whereas ABU's is just "Space diapers". I don't see any copyright infringement at all here. But what I do see (and it doesn't take a lawyer or a judge to figure this one out) that this is a type of case that will further tarnish how the public sees ABDL (not that our community already has a bad reputation anyway because of the misconception that it involves kids but it doesn't).
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Not copyright, trademark. ABU has one with the word, "Space," as it pertains to diapers. When the "Space," Cadet characters were just on Tykables' clothes, fine, but, when they put something called, "Space," Cadets on diapers. Todd flubbed. What kind of Cadet? Trademarks have to be defended, or they'll be lost. It's not like Casey's being mean.
 
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