A WAHM takes on corporate America - Page 3 - Mothering Forums

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#61 of 209 Old 11-17-2004, 04:02 PM
 
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Originally Posted by RufusBeans
Last time I heard about underoo was when I was five. Over twenty years ago shesh do they even make them anymore????
I just bought ds a pair of spongebob underoos about 6 mos ago
I wera Hanes her way too
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#62 of 209 Old 11-17-2004, 04:04 PM
 
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I sent them a peice of my mind as well!
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#63 of 209 Old 11-17-2004, 04:06 PM
 
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Good letter, bobica

-Alice, SAHM to dd (2001) and ds (2004) each of whom was a homebirth.jpg, who each self-weaned at 4.5 years bfolderchild.gif, who both fambedsingle2.gif'd, who were bothcd.gif, and both: novaxnocirc.gif.   Also, gd.gif, and goorganic.jpg!

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#64 of 209 Old 11-17-2004, 04:10 PM
 
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I wrote 'em too. Its really too much. I sure hope she finds some way to fight them.
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#65 of 209 Old 11-17-2004, 04:11 PM
 
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Quote:
Originally Posted by mehndi mama
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.
actually this isn't entirely true I wasn't contacted quietly, I was served with a lawsuit. They don't own the tm for Wonderoos only for Underoos. So I wasn't using their name only one that rhymed with it, and FWIW I never thought of their name when I chose mine, I only thought of won-for one-size and roos- for the pocket. They are not just suing me to "get it to stop" either they want damages for the unfair competition and irreparable harm I've caused them. I also don't think having a press release done is a bad thing it is pretty standard when trying to promote a business.
I really think you should get your facts straight though before defending a company that isn't in the right here. Even my attornies say that they aren't right, but I don't have the kind of money it would cost to fight them. Pure and simple.
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#66 of 209 Old 11-17-2004, 04:18 PM
 
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Thanks for that link - I just left feedback too. We dont even use FOTL products but now we NEVER will for sure. I am so ticked!

I love Wonderoos - they are the only pocket diaper we use and we dont use AIOs so they are the only PUL product we will use at all. My son is in them the majority of the time because that is what I send to day care for him. They are a great product and Jessica is super sweet.

There is just no reason for FOTL to be harrasing her like this -she isnt doing them any harm - its a completely different customer base.

This is what I wrote to them:

I just wanted to write to tell you I think it is horrendous that you are taking action against the owner of Wonderoos. She is a work at home mom who is making cloth diapers to support her family. Her business is minuscule compared to your huge corporation and she is in no way causing you "irreparable harm".

Her product is nothing like yours and the name is not even very similar. Not similar enough to cause confusion.

She is doing a service to cloth diapering parents and to our environment and you should be ashamed of yourselves for trying to destroy her name and business.
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#67 of 209 Old 11-17-2004, 04:20 PM
 
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Sent my feedback as well

Quote:
I was absolutely disgusted to hear about the legal action being taken against a small, mom-run cloth diapering business by FOTL.

Apparently FOTL is claiming "irreparable harm" has come to them by someone selling diapers.

How this can possibly be true, I'm not sure.

But - FOTL has done itself irreparable harm by launching this lawsuit.

I have a son who is 2 1/2, and soon to be potty trained. He'll never wear FOTL products because of this. Nor will my daughter, myself, or my husbad.

I realize that 4 consumers won't make a difference in your bottom line - but I feel that my family should only support companies which follow not only legal standards, but ethical ones as well.

Corporate bullying isn't ethical.

Canadian mom to Boo (Aug '02), Bug (Aug '04) and Bear (Dec '06).
Jesse (July '09)
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#68 of 209 Old 11-17-2004, 04:21 PM
 
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OK, so the deal is, they see some one who is becoming successful, and they think, hmm, I wonder if that name is close enough to our product name for us to get a piece of that money.

How disgusting.

I really don't see how they can construe it as competition. One company makes underwear and not diapers and the other company makes diapers and not underwear. Correct?

-Alice, SAHM to dd (2001) and ds (2004) each of whom was a homebirth.jpg, who each self-weaned at 4.5 years bfolderchild.gif, who both fambedsingle2.gif'd, who were bothcd.gif, and both: novaxnocirc.gif.   Also, gd.gif, and goorganic.jpg!

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#69 of 209 Old 11-17-2004, 04:23 PM
 
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OMFG! I need to check my granny panties...If they are FOTL, they will be tossed and I will never buy their products again. I dont see how Wonderoos is even clost to UNDERoos except for the oos part. Poor Jessica, Id be PISSED off!
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#70 of 209 Old 11-17-2004, 04:24 PM
 
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I left feedback as well!....This INFURIATES! me!!

(((Jessica)))...I'll be thinking of you...I have been involved in a name/trademark lawsuit , but it's not to this extent on suing for irreperable damages? Good golly it's ridiculous!

I'm behind you as with many others, and will always support your company and your products.

(((HUGS))) again.
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#71 of 209 Old 11-17-2004, 04:24 PM
 
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Jessica,
I'm SOOO sorry this is happening to you! they are such ass-hats
I'm totally boycotting, dammit!
And I wrote them a scathing email too.
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#72 of 209 Old 11-17-2004, 04:24 PM
 
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Quote:
Originally Posted by mehndi mama
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
I don't post much here, but have to chime in. I think the ladies here are great, especially being so kind in their support for a fellow WAHM.

As for the comment above.....Good for Jessica for taking the initiative and having a press release done. Drawing attention public attention not only to her products but to cloth diapering and natural parenting in general! Way to go!!

Does this somehow make her responsible for getting sued by some monster corporation? I don't think so. I think this is just what it appears to be. Corporate America at its worst, bringing suit against a smaller company because THEY CAN, not because they have a legal leg to stand on or because Wonderoos is somehow "competing" with their name or products. Come on....lets not make this any worse than it is, by eluding to the fact that Jess somehow brought this all on herself! I think we all know this is NOT the case!
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#73 of 209 Old 11-17-2004, 04:25 PM
 
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Oh Crap...My granny panties ARE fruit of the loom. BUH BYE!
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#74 of 209 Old 11-17-2004, 04:27 PM
 
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Trademarks are kind of funny, they don't have to be registered (ie in the database) to be legal, most aren't registered (the difference between the TM and the R with the circle) but are still legally theirs. I have NO idea if FOTL has a TM for 'Wonderoo' I have no idea what Jess actually got served with, but if they have used the name 'Wonderoo' and put a TM by it before Jess started her business with the name and the tm then yes they are legally right and would win, however it is a huge expensive legal battle that they can afford and she can't, so even if they DIDN'T have the TM (and proof) they would bankrupt her and solve their problem way before they made a dent in their own profits. sad but it is how business works more often than not.

So just because you didn't find a registered tradmark for "Wonderoo" doesn't mean they don't own it, if you put the TM by a name you own the trademark the only thing that gets you is a name with a TM by it. however proving it legally is something else, but only something you have to do if legally challenged.
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#75 of 209 Old 11-17-2004, 04:28 PM
 
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Originally Posted by lindsayloo2020
Oh Crap...My granny panties ARE fruit of the loom. BUH BYE!
You are cracking me up! Victorias Secret makes low rise full butt underwear that are perfect for pregnancy and post pardum - fit right under the belly.

So throw that crap out! Or burn it!
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#76 of 209 Old 11-17-2004, 04:30 PM
 
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Originally Posted by Trishas Tribe
Yeah, I just might stop buying underwear for myself because I found a really great One size diaper...LOL

Are they smoking crack? How does her business harm them in any way? She sells cloth diapers for petes sake.

I think she should rename her diapers...:"Fruit of the Womb" cloth diapers...just to piss em off.

I hate big corporate bullies. Too bad if they want to use it for a future product. It's already taken. This just makes me mad!!
:LOL - You are too funny and SO right!
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#77 of 209 Old 11-17-2004, 04:30 PM
 
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LOL...I know I LOVE VS. My reg undies, thongs are VS. I have a few pairs of VS with butts, I need to get some more. When my son is done nursing, Im gonna throw this crap out and put on my VS butt underwear! LOL I hope they arent dirty! LOL
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#78 of 209 Old 11-17-2004, 04:30 PM
 
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From what I remember when I researched trademarks, if the names are simmilar and you sell the same product is where one would get into infringement.

Like if a store in one town sold lumber and called their store 'good wood' and another store who also sold lumber called their store 'good woods' or something to that effect.

Does FOTL sell diapers?

Even if so, I think the whole concept of the 'roo' part is obviously from kangaroo and that is what pocket dipes and their stuffers are seen as because of the pocket. And Wonder is nothing like Under except for rhyme.

I didn't read all 4 pages but do hope that Jessica (is that her name?) isn't pushed around or stressed out.

I will be writing FOTL too.
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#79 of 209 Old 11-17-2004, 04:34 PM
 
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Too bad we can't start a company and call it "Fruit of the Loom Stinks." I guess that would be too similar to their trademarked name...
No but you could start a webpage like www. fruitoftheloomsucks .com or other such similar address.

Correct me if I'm wrong but don't they have to prove damage to be awarded damages?!?!?!? Are they kidding? Last I checked they don't make diapers. I can't imagine how they made this amazing leap of logic!!!

I hope you find someone to work pro bono for you Mamaroo! They shouldn't be allowed to win by default!!!!
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#80 of 209 Old 11-17-2004, 04:34 PM
 
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Awwww Jessica

I just want you to know that we're all behind you no matter what.
It was your diapers that brought me over from the 'dark side' and they will always be my faves
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#81 of 209 Old 11-17-2004, 04:43 PM
 
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Quote:
Originally Posted by morebabies
Even if so, I think the whole concept of the 'roo' part is obviously from kangaroo and that is what pocket dipes and their stuffers are seen as because of the pocket.
I never even thought of that.I had the Wonder Woman sets as a child and I thought we called them wonderoos.So I always thought the diaper was named that because they were the "superheros" of the pocket diaper world.Wow I am losing brain cells by the minute I guess :
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#82 of 209 Old 11-17-2004, 04:43 PM
 
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Here is mine:

Quote:
I just learned that Fruit of the Loom is suing a small business for having a similar name to one of your trademarks. I am talking about Wanderoos, LLC. I, for one do not have children in diapers any more and was until this point a faithful customer of Fruit of the Loom for both of my kids, my husband and myself. However, as a small business owner I was completely taken aback. Attacking a small business that does not even have enough money to pay for a law suit?!?! And for what? For immaginary "irreparable harm"?!?! Guess what, the "irreparable harm" you are doing right now to yourselves.
I will not be your customer (and MANY other people I know, trust me I talk a lot!)

I would suggest to drop the lawsuit, appologize to Jessica and retain the customers you still have. Remember - most of your customers are MOTHERS who are buying for a whole family.
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#83 of 209 Old 11-17-2004, 04:48 PM
 
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Here's what I wrote:

Is it true that Fruit of the Loom is threatening legal action against the maker of Wonderoos one-size diapers? If so, do you realize that this woman makes DIAPERS - not underwear. I can't see how you have suffered irreparable damage in the eyes of the general public - probably 99.99% of whom have never heard of Wonderoos diapers much less confused them with your silly character underwear "Underoos". I am thoroughly disgusted that FOTL has chosen to take this tactic and my family will be boycotting your company if this allegation is true.

Jessica - .
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#84 of 209 Old 11-17-2004, 04:49 PM
 
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WOW...this is completely INSANE!!!! FotL will not be getting any of my business... Too bad...kids are only in diapers for 2-3 years...then they'd be in FotL for the rest of their lives... They just lost my family's business.

~Brandon Michael (11/23/03), Jocelyn Lily Nữ (2/4/07, adopted 5/28/07 from Vietnam), Amelia Rylie (1/14/09), & Ryland Josef William (9/7/05-9/7/05 @ 41 wks). 
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#85 of 209 Old 11-17-2004, 04:51 PM
 
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While they don't sell the same item exactly I believe they are both considered undergarments and therefore in the same catagory?
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#86 of 209 Old 11-17-2004, 04:52 PM
 
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Sorry this is happening Jessica! I don't think Mehndi Mom was saying that the press release CAUSED the lawsuit! I think she was just saying that maybe that caught their attention. Press releases are totally what you do when you want to promote your biz and great for bringing in investors, etc. But I think the point just was, that maybe they felt threatened somehow by that and her getting more press? And maybe that's why they decided to NOW come out and get her to change her name.

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#87 of 209 Old 11-17-2004, 04:55 PM
 
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OK Here's what I wrote to them:

To Whom it may concern. My family and I will no longer be purchasing ANY of your products. I am appauled by your legal action against a work at home mom making diapers. You don't make diapers. I can't fathom how you could begin to claim harm and damages from a mom selling items that are in no way competioion for ANY of your products.
How about the irreparable harm and damage you are doing to her reputation and income.
I refuse to do business with a company who would resort to such blatent bullying of a mom trying to provide a wonderful product for cloth diapered babies and a livelyhood for her family. I will be sure to inform others of your tactics and encourage them all to boycott your products.
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#88 of 209 Old 11-17-2004, 04:55 PM
 
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How infuriating!

here is what I sent FOTL:

"Isn't it amazing how quickly word of horrible corporate greed spreads thanks to the world wide web?

I am saddened to hear of Fruit of the Loom's attempt at legal action against a small business, specifically one owned by a work at home mom that makes cloth diapers. This work at home mom happened to come up with a clever name, that, by chance, rhymes with the name of one of your products.

Now, were you in the business of making cloth diapers, or were she in the business of making underwear, there might be more validity to your claims, but from where a bunch of us cloth diaper - loving mamas sit, we do not see how a small DIAPER business can possibly harm your large undergarment business given the fact that YOU DON'T MAKE DIAPERS.

While I would love to hear from you on this, I know that I am not part of the lawsuit in any way and I don't expect to hear anything. Know, though, that until I know that the work at home mom being targeted by your corporation has resolved this with your company, I will boycott Fruit of the Loom, and I will encourage my family and friends to do the same."

Please keep us updated as much as possible, Mamaroo. We are thinking of you.

Rachel, married to Andy, mama to Aubrey, Lauren, Sasha, and *surprise* Baby #4, due November, 2011
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#89 of 209 Old 11-17-2004, 04:58 PM
 
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Originally Posted by allformyboys
While they don't sell the same item exactly I believe they are both considered undergarments and therefore in the same catagory?
How do diapers and underwear *compete* with each other? Diapers are worn before potty learning and underwear is worn after pl. It's like saying a company that makes only baby clothes is competing with a company that makes only adult clothes, just because they're both in the "clothes" category.

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#90 of 209 Old 11-17-2004, 05:03 PM
 
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How do diapers and underwear *compete* with each other?
Not Marnie...but I was thinking that they weren't sueing her for 'competing' but that the names are confusingly similar....like someone looking for 'underoos' might find 'wonderoos' site instead.....but even then....wouldn't they just keep looking for underoos since they didn't want diapers? They wanted underwear?

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