Seven Towns Infringement on eBay - All of EU

[supercube]

http://www.reddie.co.uk/news-and-resources/ip-developments/rubiks-cube-unlocking-3d-trade-marks

reading this now. the courts decided that because you can make a stickerless cube that is not trademarked, then in theory, rubik's does not have an automatic monopoly. however stickerless cubes are in fact not accepted by the WCA. so the courts unknowingly decided that rubik's can have a monopoly on cubes used in speedcubing in the EU. anyone who lives in the EU can reopen the case for the public based on this new evidence.

 

[Please Dont Ask]

I am SO LOST!

 

[Pixel 6]

http://www.reddie.co.uk/news-and-resources/ip-developments/rubiks-cube-unlocking-3d-trade-marks

reading this now. the courts decided that because you can make a stickerless cube that is not trademarked, then in theory, rubik's does not have an automatic monopoly. however stickerless cubes are in fact not accepted by the WCA. so the courts unknowingly decided that rubik's can have a monopoly on cubes used in speedcubing in the EU. anyone who lives in the EU can reopen the case for the public based on this new evidence.

All of the listings I had that were for stickerless were removed as well.

As a side note, for cubes that I had listed in the EU that I had NEVER sold internationally, they were also removed. It seems all that was required was for it to say "3x3" and "cube".

So simply having the option up for them to be sold internationally was enough.

 

[biscuit]

All of the listings I had that were for stickerless were removed as well.

As a side note, for cubes that I had listed in the EU that I had NEVER sold internationally, they were also removed. It seems all that was required was for it to say "3x3" and "cube".

So simply having the option up for them to be sold internationally was enough.

file a complaint with amazon? Say that they don't have the right to take down the stickerless cubes

 

[Aikho]

My green HuaLong DIY got here safe and sound, so I'd guess DIY is fine and it's probably enough not buying in bulk so it looks like it's for reselling purposes.

 

[nvpendsey]

I just got an idea.One could sell something like this

Donation to (seller name)
Description : support (seller name)in appreciation for your donation (seller name) will send you get a very special gift.

 

[stoic]

I just got an idea.One could sell something like this

Donation to (seller name)
Description : support (seller name)in appreciation for your donation (seller name) will send you get a very special gift.

What if customs think that your free gift infringes Seven Towns' trademark?

 

[Username]

https://eu.rubiks.com/speed-cubing

Even Rubik's themselves have a picture of a cube with a Lubix sticker on on their own webpage, I'm confused

 

[FailCuber]

Wow that sucks.

 

[Tim Major]

https://eu.rubiks.com/speed-cubing

Even Rubik's themselves have a picture of a cube with a Lubix sticker on on their own webpage, I'm confused

Regardless of whether the patent covers all 3x3s or not, Lubix is a registered copyright since 2010 so can't Lubix just appeal to eBay and submit their own take down notice for copyright infringement, keeping documents a long the way in case Rubik's try actually taking legal action? etc

*I'm not a lawyer, have never done a law class or anything, though I am doing commercial law NEXT semester!!

 

[SpeedCubeReview]

https://eu.rubiks.com/speed-cubing

Even Rubik's themselves have a picture of a cube with a Lubix sticker on on their own webpage, I'm confused

Oh my, I have seen that image a lot but missed the sticker. That is crazy.

 

[nvpendsey]

If one can bring cubes into EU as personal property, one can go to a foreign nation (non EU of course)and bring back bags of cubes.Then these cube could be sold according to the coupon or free gift idea as suggested previously.

 

[Tony Fisher]

I just got an idea.One could sell something like this

Donation to (seller name)
Description : support (seller name)in appreciation for your donation (seller name) will send you get a very special gift.

Pretty sure they would just laugh at such attempts. Imagine the same thing happening for 1000 pirated copies of a new movie. I have had parcels stopped with low declaration values and asked to prove them before they would be delivered. They can spot a scam a mile off.

 

[darckhitet]

I don't see any Lubix logo there neither i see any kind of speed cube

 

[SpeedCubeReview]

I don't see any Lubix logo there neither i see any kind of speed cube

The center sticker is on the left side. It is definitely a Lubix logo.

 

[jms]

I have been selling speedcubes on Ebay for the last 8 months and I received a takedown notice from Ebay just yesterday. I argued my case but was politely told to take it up with Seven Towns.

I have emailed them and I'm waiting for a response. I didn't realise this was so widespread.

I guess they are clamping down.

 

[Deleted member 12389]

I have been selling speedcubes on Ebay for the last 8 months and I received a takedown notice from Ebay just yesterday. I argued my case but was politely told to take it up with Seven Towns.

I have emailed them and I'm waiting for a response. I didn't realise this was so widespread.

I guess they are clamping down.

Think ebay took the path of least resistance. I believe the patent has expired (not sure how accurate this wiki is but I think the thrust is more towards 3x3)

To quote:
"Taking advantage of an initial shortage of Cubes, many imitations and variations appeared, many of which may have violated one or more patents.
Today, the patents have expired and many Chinese companies produce copies of, and in some cases improvements upon, the Rubik and V-Cube designs. The most popular are Bao Daqing's (包大庆) DaYan (大雁, literally Great Goose) company, which produces the GuHong (孤鸿, lit. Lone Swan Goose), ZhanChi (展翅, lit. Spreading Wings) and now PanShi (磐石, lit. Solid Rock) models, and the YJ/Moyu company's Weilong, Aolong, and Hualong models. They are often preferred over the originals by expert speed cubers because of their ease of movement."

Also:
Rubik applied for more patents in 1980, including another Hungarian patent on October 28. In the United States, Rubik was granted U.S. Patent 4,378,116 on March 29, 1983, for the Cube. This patent expired in 2000.

An old thread:https://www.speedsolving.com/forum/showthread.php?16058-Rubik-s-Cube-Patent

 

[Stefan]

I believe the patent has expired

1. Totally true.
2. Totally irrelevant.

 

[CubeWizard23]

I want to make this part a bit of a productive rant, based on my observations about other products in the world.

I fully support and agree that if a cube manufacturer illegally replicates a Rubik's product, and packages it as such, with the Rubik's brand logo, they are in fact stealing money from Rubik's and hurting the cubing community in general.


Let's look at this from another perspective though. Are you all familiar with the following brands: Scotch tape, Kleenex, Aspirin, Super Glue, Chapstick, Popsicles, Q-tips, Sharpie, Bic, Velcro, Bandaids, etc...

Each of these products holds the name that people are familiar with, but are not actually the product. (Scotch tape = cellophane tape, Kleenex = tissue paper, Aspirin = acetaminophen, Super Glue = cyanoacrylate, Chapstick = petroleum jelly, Popsicle = frozen treat, Q-tip = cotton swab, Sharpie = permanent marker, Bic = pen or lighter, Velcro = hook & loop, Bandaids = adhesive bandage)

Now in the rest of the rational world, brand name recognition seems to be enough to stick in peoples minds and give the credit to the original creator or brander of the product. If I ask you for an Aspirin, what I am really saying is I'm looking for a product with the same ingredients. If I get a cut, I've never asked someone for an adhesive bandage... I ask for a Bandaid.

Now with each of these products, another company has come along and found a way to improve or change the product and manufacture it with the same rights as the "branded" version. How many types of Velcro are there in the world now?

So, you take companies like Dayan or Moyu, and each of these companies have extrapolated on the original concept, but have changed it's mechanics drastically (octopus core in the Gans anyone?). We all get to experience a version of the original Rubik's product that has been tweaked to serve the need of speed cubers, but for some reason when I go to the local store to buy scotch tape, I have literally hundreds of options to serve my needs. Why can't Seven Towns understand this? Because of companies like Dayan and Moyu Rubik's reputation (and sales I'd imagine) has been improved upon... not hurt.

Without these companies, would you have ever heard of Collin Burns, Mats Valk, Feliks Zemdegs? Perhaps... and we'd all be in awe at their sub 20 second world records.

- Pixel -

Taken From Wikipedia
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that has become the generic name for, or synonymous with, a general class of product or service, usually against the intentions of the trademark's holder.

A trademark is said to become genericized when it began as a distinctive product identifier but has changed in meaning to become generic. A trademark typically becomes "genericized" when the products or services with which it is associated have acquired substantial market dominance or mind share such that the primary meaning of the genericized trademark becomes the product or service itself rather than an indication of source for the product or service. A trademark thus popularized has its legal protection at risk in some countries such as the United States and United Kingdom, as its intellectual property rights in the trademark may be lost and competitors enabled to use the genericized trademark to describe their similar products, unless the owner of an affected trademark works sufficiently to correct and prevent such broad use.[1][2][3]

Aspirin,[4] heroin[5] and thermos[6] are examples of trademarks that have become genericized in the US.

Genericization or "loss of secondary meaning" may be either among the general population or among just a subpopulation, for example, people who work in a particular industry. Some examples of the latter type from the vocabulary of physicians include the names Luer-Lok (Luer lock), Phoroptor (phoropter), and Port-a-Cath (portacath), which have genericized mind share (among physicians) because (1) the users may not realize that the term is a brand name rather than a medical eponym or generic-etymology term, and (2) no alternative generic name for the idea readily comes to mind. Most often, genericization occurs because of heavy advertising that fails to provide an alternative generic name or that uses the trademark in similar fashion to generic terms. Thus, when the Otis Elevator Company advertised that it offered "the latest in elevator and escalator design," it was using the well-known generic term "elevator" and Otis's trademark "Escalator" for moving staircases in the same way. The Trademark Office and the courts concluded that, if Otis used their trademark in that generic way, they could not stop Westinghouse from calling its moving staircases "escalators", and a valuable trademark was lost through genericization.
End Quote
At least in our Sub-population Rubik's has become synonymous with 3x3 cube (WCA even calls the 3x3x3 event Rubik's Cube) it is ridiculous for them [Seven Towns Ltd.] to do this!

 

[SHualong]

This is absolutely idiotic. I know that many speedcubers would rather quit 3x3 than use a Rubik's brand. This won't get them anywhere and they should concentrate on making a decent speedcube rather than trying to force cubers to switch from one of the magnificent speedcubes of Moyu, Dayan, Fangshi etc. to something from the 1980s.

Anyway, is there a possibilty that all non-Rubik's 3x3s will be banned from competitions?