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A WAHM takes on corporate America

11K views 208 replies 103 participants last post by  Viola 
#1 ·
[Mods, this is lifted from another board, as I'm not sure this WAHM spends much time over here, but it's certainly relevant to CDers everywhere - I hope it can stay. I won't link to Diaperpin, but that's where it came from.]

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.
Any ideas?
 
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#31 ·
That makes me so
. I can't stand it when big corporations go after small businesses. As Jessica said, she could totally win the lawsuit, but doesn't have $50,000 to throw away fighting it. I so wish I was a lawyer for cases like this. It's not like FOTL even makes diapers or anything. I will never be buying any of their products again! Do they even still make Underoos?
 
#34 ·
Quote:

Originally Posted by ChristyH
I've already emailed them
Don't know if it will help much but I just told them that they could cram their Fruit up their Loom
:
:
:
:
:

I'm going to get fired for 1) laughing so hard and 2) surfing the net at work.


Nada
 
#37 ·
I sent FTL a piece of my mind also.

"I have recently heard of a pending legal action FTL has against a small cloth diaper manufacturer and am shocked by FTL's allegations. I am a consumer of both FTL underwear for my son and Wonderoos cloth diapers for my daughter. I never associated the name Wonderoos with the FTL trademarked name Underoos. Didn't even cross my mind. I am saddened that your big company would even attack a small mom-run business. I will no longer be buying your products."

I am so sickened by this. I hope that Jessica doesn't have to change a thing.
 
#39 ·
For what it's worth......Fruit of the Loom *does* own the copyright for the name Wonderoos - any of you that had Wonder Woman Underoos as a kid owned some. They still own that name.
And Jessica *did* draw attention to her growin business by submitting a press release, which is what probably got the attention of Fruit of the Loom in the first place.
http://www.prweb.com/releases/Nov%20/0/prweb177107.htm
 
#41 ·
Quote:

Originally Posted by ChristyH
I've already emailed them
Don't know if it will help much but I just told them that they could cram their Fruit up their Loom


Times like this I'm glad I'm not at work :LOL

Jessica if you are reading this, we are all behind you


Sadly we don't have any fotl stuff in the house so I can't even burn the clothes in protest
 
#42 ·
Couldn't they have notified Jessica first, to let them know they owned the copyright to that name? I am sure she didn't know. They could have given her a month to change her name, and it could have been handled quietly and with class. I just cannot believe ANYONE bought one of her diapers thinking it was a FotL product.
 
#43 ·
Quote:

Originally Posted by mehndi mama
For what it's worth......Fruit of the Loom *does* own the copyright for the name Wonderoos - any of you that had Wonder Woman Underoos as a kid owned some. They still own that name.
I believe that it would be a trademark they own, not a copyright...and are you sure? Did they really put out a product called Wonderoos? A google search for wonderoos and FOTL doesn't turn up any connection.
 
#45 ·
Quote:

Originally Posted by loving-my-babies
can they sue me if I tell them I will convince everyone I know to stop buying their products?
Absolutely not.
 
#46 ·
Yes, I guess you're right - it's the trademark they own. Same difference, really.
I got my info from another CD WAHM who used to work for the ad agency that handles Fruit of the Loom. I guess I'll have to ask her if she's SURE. But I can't imagine FOTL would have a leg to stand on if they didn't own the trademark/copyright, and she wouldn't have to worry about getting sued.
Also, as far as I could tell, she *was* contacted privately and quietly. Yes, a week does seem like an awfully short time to change everything, but as far as I understand, that's pretty standard for copyright/trademark infringement. It's not like these big corps make a distinction between large company & WAHM.....they just see that their name is being used and want it to stop, and getting a lawyer to do it for them is the most efficient way of doing so.
 
#47 ·
Quote:

Originally Posted by wakeUpMama
I believe that it would be a trademark they own, not a copyright...and are you sure? Did they really put out a product called Wonderoos? A google search for wonderoos and FOTL doesn't turn up any connection.

I couldn't come up with anything either. They did make Underoos with Wonder woman but I don't believe they put the two together.
 
#48 ·
Quote:

Originally Posted by mehndi mama
For what it's worth......Fruit of the Loom *does* own the copyright for the name Wonderoos - any of you that had Wonder Woman Underoos as a kid owned some. They still own that name.
And Jessica *did* draw attention to her growin business by submitting a press release, which is what probably got the attention of Fruit of the Loom in the first place.
http://www.prweb.com/releases/Nov%20/0/prweb177107.htm
This doesn't sound like a small time business from the press release. I imagine if FOTL has seen this, they obviously believe that there is more threat than not.
 
#49 ·
Quote:

Originally Posted by mehndi mama
For what it's worth......Fruit of the Loom *does* own the copyright for the name Wonderoos - any of you that had Wonder Woman Underoos as a kid owned some. They still own that name.
And Jessica *did* draw attention to her growin business by submitting a press release, which is what probably got the attention of Fruit of the Loom in the first place.
http://www.prweb.com/releases/Nov%20/0/prweb177107.htm
actually you cant copyright a name...

http://www.copyright.gov/help/faq/faq-protect.html

Quote:
How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.
you have to trademark it and there are currently no official trademarks for the name Wonderoo according to the site
http://www.uspto.gov/

I also havent seen Jessica say that FOTL was claiming a trademark issue .. just that the two names were "confusingly similar".

Oh and congrats to Jess for the press release
 
#51 ·
Quote:

Originally Posted by wildthing
This doesn't sound like a small time business from the press release. I imagine if FOTL has seen this, they obviously believe that there is more threat than not.
I don't know what qualifies as a small business, but even 4,000 orders per month (congrats on the jump Jess!!!
) is nothing compared to the monthly sales of FOTL. I just can't see any way they would consider Wonderoos CLOTH DIAPERS a threat to their business. :LOL
 
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