Rearz attempting to trademark the term "ABDL"

Status
Not open for further replies.

RJDodger

Est. Contributor
Messages
270
Role
Diaper Lover, Diaperfur
So just found out about this today on /r/ABDL (the claim was filed back in October). Haven't seen it posted here yet (also not sure if this is the right section, but it directly relates to a major supplier), so thought I might as well. Rearz has filed for copyright claims to "ABDL" in the US:

http://tsdr.uspto.gov/#caseNumber=87654755&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

I've heard they've filed in Canada as well, though I don't have a link. Its highly unlikely that they win this, but if they did, they could either send cease and desist notices or demand licensing payment from ABU, Wearing Clouds, or pretty much any company that uses the term ABDL anywhere. Think like when The Fine Bros attempted to trademark reaction videos.

They just put out a statement as to why, in which they claim its to protect internet commerce ("We have ads and accounts permanently blocked on Facebook, eBay, Kijiji, Google ads with payment processors and more simply from using the term.") They also claim that The ABDL Shop already has the rights to ABDL (They don't) and deflecting the blame for the reaction on their competitors (supposedly they singled out The ABDL Shop, but edited and removed it from the statement)

http://rearz.ca/blog/abdl-trademark/

EDIT: So the part they edited was them calling out Aww So Cute, who are making a lot of noise of this on social media. Supposedly a class action lawsuit.
 
Last edited:

diapernh

Est. Contributor
Messages
735
Role
Adult Baby
Not buying that... it will be a very uphill fight... as the term abdl has been around since I got into the scene in 1996 and was in use long before that.


Sent from my iPad using Tapatalk
 

RJDodger

Est. Contributor
Messages
270
Role
Diaper Lover, Diaperfur
Not buying that... it will be a very uphill fight... as the term abdl has been around since I got into the scene in 1996 and was in use long before that.


Sent from my iPad using Tapatalk
Er, not buying that they're attempting to trademark ABDL? Because I just posted the trademark filing and the official statement by the company that that's exactly what they're doing. Doubt it'll happen, but the intent is still there.
 

ArchtopK

Est. Contributor
Messages
460
Role
Adult Baby, Diaper Lover
Trademarks are terms used on products. Simply using the term on a product could grant trademark status if they use it with the TM identifier. That would be required, as you need to inform people of your intentions. Of course you can try to register the mark, and if approved that would let you use the R in a circle mark as well as grant you greater protections towards infringement. But none of this would prevent anyone from using the term for what it is known for. But it would prevent anyone else from selling a similar product with that name. Frankly, i don't see the plus side to any of this. I would rather sell something that appealed to a wider group, just from a profit point of view. Why limit yourself to such a narrow niche. Same reason I don't understand why Northshore is openly calling Crinklz Adult Baby Diapers. Why do that? Just call them diapers with animal prints.
 

Little2Roo

Est. Contributor
Messages
837
Role
Private
Does anyone know how long this process could take? How will we know they succeeded in getting ABDL trademarked? I absolutely love Rearz Safari diapers, but might hold off buying more until we learn the outcome.

Sent from my SM-T820 using Tapatalk
 

RJDodger

Est. Contributor
Messages
270
Role
Diaper Lover, Diaperfur
Does anyone know how long this process could take? How will we know they succeeded in getting ABDL trademarked? I absolutely love Rearz Safari diapers, but might hold off buying more until we learn the outcome.

Sent from my SM-T820 using Tapatalk
A quick Google search says 6 months to a year. Since the application was filed in October, earliest we'd hear a final result by now would probably be March or April (but again, quick Google search). Like I said though, its highly unlikely they get it. Even if they were in a position to acquire the trademark, the potential blowback and loss of sales in a niche market could force them to drop their claim anyways.

I was in the same position, where I was planning on getting some Safaris before I heard about this. I gave them the benefit of the doubt for, like, 2 hours before they put out their badly written and borderline-libelous statement. I have no integrity and will probably cave anyways. But even if (when) this doesn't go through, its a matter of whether you want to support a company who would pull something like this in the first place.
 

diapernh

Est. Contributor
Messages
735
Role
Adult Baby
Er, not buying that they're attempting to trademark ABDL? Because I just posted the trademark filing and the official statement by the company that that's exactly what they're doing. Doubt it'll happen, but the intent is still there.
I meant I'm not buying that they are doing it for the betterment of the community, there is likely a ulterior motive to doing this, likely to be able to stop other manufacturers and businesses from using the term.


Sent from my iPad using Tapatalk
 

RJDodger

Est. Contributor
Messages
270
Role
Diaper Lover, Diaperfur
I meant I'm not buying that they are doing it for the betterment of the community, there is likely a ulterior motive to doing this, likely to be able to stop other manufacturers and businesses from using the term.


Sent from my iPad using Tapatalk
Ah yeah. For sure. I'm no copyright lawyer, but IIRC, if you don't protect your copyright you end up losing it, so even if they were going to allow free use of it they'd probably end up losing it and filed for no reason anyways.

Its more likely that they're attempting to squeeze licensing fees out of other companies rather than just shut them down, though.
 

Argent

Est. Contributor
Messages
2,776
Role
Diaper Lover, Incontinent
Disgusting.

So being shafted by mega corporations means they need to join them in being asshats?

I could understand using the abbreviation ABDL and then seeking the communities help if they were attacked by The ABDL Shop but not this.

Anyone know if any other diaper brands have ABDL printed on them or the packs or the advertising?

Rearz is now off my shopping list.
 

wackoreese

Est. Contributor
Messages
201
Role
Diaper Lover, Babyfur, Diaperfur, Little
Rearz was unjustifiably expensive but this is the nail in the coffin. Never bough from them and sure won't now.
 
N

NeverKnow

Guest
I haven't read everything that has been said about this, but is it possible that Rearz is just really legally incompetent? I mean, if they were lying through their teeth when they said The ABDL Shop already had the copyright, then they would know that the claim is preposterous and that it would be immediately recognized as false. More likely, they have been having problems with advertising, for reasons which are probably their own fault, and thought that they could do something legally (which they thought The ABDL Shop had already done) to get around it; but, being legally incompetent, they badly misread The ABDL Shop's copyright. I am inclined to think that their defense is too stupid to be a lie.
 

bambinod

Est. Contributor
Messages
8,305
Role
Diaper Lover
Trademarks are terms used on products. Simply using the term on a product could grant trademark status if they use it with the TM identifier. That would be required, as you need to inform people of your intentions.
Now I'm not a lawyer and I may be wrong on this, but I thought "TM" was an indicator of a registered trademark. IE a mark that has been registered with whoever it is they register with. (not sure if that's the patent office or if there's a separate org for that)

I do know that trademarks must be defended to continue to be valid. What this means is that if someone else is "using your mark without permission", you MUST take action. This can be a lawsuit, a restraining order, other court action, or sending registered letters of notice of infringement and courting a negotiated licensing settlement. Just like people that buy things for a dollar, you can license something forever (or for five years etc) for a dollar, and get the same legal effect as if you'd licensed it for $10,000.

If you fail to defend your mark for any length of time, you will either lose it, or it will become unenforceable. This unfortunately means that groups with a registered trademark are often forced to take unattractive actions against groups they really have no problem with and don't mind using their mark, simply because they don't have any licensing agreement in place and if they fail to defend their mark, they will lose it and other that they do not want to be using the mark will be able to, with no legal recourse.

In this case though, "ABDL" has a lot of what is called "prior art", meaning it's been done or used in the past in a public way. Locating and submitting Prior Art is the easiest way to get patents and trademarks invalidated.

Most trademarks also have a limited scope. "Office" is too generic of a word to trademark, even in its field, but when you add a word and call it "Microsoft Office", that is easily trademarked. (and that's why they always spam "microsoft" in front of their products) I think "ABDL" might run into this complication, it may be considered too generic by itself. "Rearz ABDL" on the other hand, would be very easy to get an enforceable trademark on. Also keep in mind that "ABDL" can be a noun ("I'm an ABDL!"!) or an adjective. ("and I'm wearing an ABDL diaper!") I don't know if trademarks can span the two usages at the same time?

Trademarks can also become watered down. I'm sure there's a legal term or two regarding this but I don't know what they are. Trademarks like Kleenex and Velcro have problems because the word becomes generic in general public use for similar products made by other companies. They start having problems defending their trademarks when the trademark starts becoming an accepted dictionary word.
 

Foxroxsox

Est. Contributor
Messages
313
Role
Adult Baby, Diaper Lover, Babyfur, Diaperfur,
I'd really like to hear Rearz's side of this before I decide if I will ever buy more of their products.

But I won't buy any more Rearz products until I've heard their side and I've been convinced they had a good reason that doesn't harm the ABDL community or any other ABDL vendor in any way.

Rearz has some explaining to do.
 

RJDodger

Est. Contributor
Messages
270
Role
Diaper Lover, Diaperfur
I'd really like to hear Rearz's side of this before I decide if I will ever buy more of their products.

But I won't buy any more Rearz products until I've heard their side and I've been convinced they had a good reason that doesn't harm the ABDL community or any other ABDL vendor in any way.

Rearz has some explaining to do.
I linked their official statement, directly from their company website, in the OP.
 

Argent

Est. Contributor
Messages
2,776
Role
Diaper Lover, Incontinent
I'd really like to hear Rearz's side of this before I decide if I will ever buy more of their products.

But I won't buy any more Rearz products until I've heard their side and I've been convinced they had a good reason that doesn't harm the ABDL community or any other ABDL vendor in any way.

Rearz has some explaining to do.

I linked their official statement, directly from their company website, in the OP.
I did read that silliness and then decided zero support for Rearz from me.
 

Foxroxsox

Est. Contributor
Messages
313
Role
Adult Baby, Diaper Lover, Babyfur, Diaperfur,
I linked their official statement, directly from their company website, in the OP.
I read it, got angry, posted...
Then i read it again, and started thinking about this kinda sideways...

So maybe this isn't a bad thing. Maybe. And here's why: They claim the term ABDL is banned from a lot of places for being offensive. And that's probably true. You can use LBGT to tag your lifestyle choice in many places, but not ABDL. By getting a trademark on the term, many of the large social media and online markets will be put in a position where they can't ban the term outright without facing face legal action.

Lets use another term to show an example.. If you had a Fried chicken restaurant called "Tasty Cock", you would have a very hard time getting any advertisement space on google. Google is going to see "Tasty Cock" and filter it hard. Your business is never going to make it onto a normal search page, and you'll see your competitors doing much better than you when potential customers search for "tasty chicken restaurants in my area" on Google, or maps, or by asking the Google assistant.

However, if you get your name trademarked, "Tasty Cock®", then you can go to google and tell them to knock it off. They are showing preferential treatment to other restaurants, and hurting your business by blocking your legally registered name. And google would have to stop filtering you out of searches. They can't arbitrarily play favorites. It's the same with Facebook, Ebay, Amazon, etc..

So that appears to be exactly what Rearz is doing. They are turning ABDL into ABDL® so that companies like Google can't filter it out when it's used as a company name or product description. And after reading their statement again, they have stated they will let anyone use the name. that's significant. It counts as an end user agreement to allow you to use the trademarked name. And by putting that out their publicly, it's a done deal. they can't go back and claim exclusive rights to the name now. We all have license to use the ABDL® trademark by their statement:
"**We are willing to allow others to have free use of the ABDL trademark, like stated above this is to help combat the banning of the term in commerce."


This may actually be a very very good thing.
 
Messages
2,230
Role
Adult Baby, Diaper Lover
Okay, so, first off, I'm an IP lawyer. So, I'm gonna take a shot at explaining and speculating about what's going on here and also correcting some misinformation or mistaken terminology that's floating around the thread in two pages so far. I wrote kinda a lot, so I've spoilered this post with some topic headings.

BACKGROUND


TRADEMARKS AND LANGUAGE


THE REARZ APPLICATION


SOME PROBLEMS


SO WHAT'S REALLY GOING ON HERE?


So, if you skipped all the spoilers, here's my conclusion. I believe Rearz when they explain their justification, but I think they're misguided. I think that them getting this trademark faces some serious uphill battles, and that if they did get it, they'd end up causing more harm and unfair competition among ABDL diaper sellers than any advantage they'd create in making the term ABDL more palatable to advertisers outside of this community.
 

toyboy

Est. Contributor
Messages
26
Role
Adult Baby, Diaper Lover, Incontinent
I love the sufari nappies but I wont be buying rearz products again.
 

edward321

Est. Contributor
Messages
225
Role
Diaper Lover, Incontinent
Rearz was unjustifiably expensive but this is the nail in the coffin. Never bough from them and sure won't now.
Actually they're cheaper than ABU
Case of ABU Simple (plain white)$105 CAD
Case if Rearz InControl+ (eqalivant to ABU Simple) $85 CAD

And Rearz printed diapers are cheaper and will be more so now that ABU won't have free shipping.

As for the copyright thing, that's the business world for ya.

It's like when Gene Simmons copyrighted "OJ" (as in orange juice for those aren't familiar with it). Family Guy made fun of it before.
 

toyboy

Est. Contributor
Messages
26
Role
Adult Baby, Diaper Lover, Incontinent
Sorry having read the post from foxroxsox I may have to give it some more thorough.
 
Status
Not open for further replies.
Top