YesterEars Vintage Apparel Collection

[lazyboy97o]

Do you have any sources that cite loss of legal trademark protection due to selective enforcement? I'm genuinely curious about this.

Trademark genericization occurs in part through improper protection. Each case is different but it is part of why trademarks will be cancelled. Not protecting the mark negates the whole point of having it, to denote something specific.

 

[RobidaFlats]

Trademark genericization occurs in part through improper protection. Each case is different but it is part of why trademarks will be cancelled. Not protecting the mark negates the whole point of having it, to denote something specific.

I suppose I am looking for something actually concrete, such a reference case where someone lost a trademark due to failure to act on infringement. Or perhaps a reference to the legal statute that specifies such action.

I have found a number of things about laches defenses, but those are all specific to an individual infringement and do not nullify the trademark itself. Every case I have come across where the trademark holder didn't take immediate (or even close to timely) action against an infringement, at most they lost out on damage claims, but the trademark stood and even after decades of failing to protect their trademarks, they still won injunctions against the infringers.

Failure to protect does not equate to abandonment of the trademark. Here is one specific ruling on that: https://scholar.google.com/scholar_case?case=9507780762101380994. Also, genericide obviously wouldn't apply, so I'm not sure what principle would cause trademark loss due to failure to enforce.

 

[alphac2005]

...and have no rights to use the logos, if one cares about that sort of thing.
I'm not saying I don't buy shirts from them.

My wife loves Red Bubble, but what they do directly interfers with my company's business. Countless full ripoffs of licensed properties and our business associates only have a finite pool of cease & decist and further legal action that they do nowadays. It's quite frankly infuriating. Keep tabs on them because from what I've been hearing, once they get a bit larger the wolves are coming to get them.

 

[alphac2005]

I can confirm that that is not correct. The number of infringements is irrelevant to whether or not there is legal liability. However, I wouldn't be surprised if some companies had internal limits defining what they are willing to pursue.

From my business dealings, the latter is correct. Many have numerical benchmarks that they need to have hit with an infringement before bringing in legal. On the flip, my company was hit with a cease and decist from a major worldwide corporation over a product that they saw in our catalog and claimed that they were fakes. The same company that licensed to us and approved the product designs. Let's just say that I really made a fool of those who were involved and they weren't at this major (cough, VW) corporation much longer. It's all very arbitrary how enforcement works throughout the spectrum, but I can assure you of one thing, copyright infringement is a heck of a problem for the retail industry today and in many ways, the Internet has complicated it greatly.

 

[No Name]

Somehow my comment to this effect made it through moderation
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Based on how you worded your comment, it seems like you already know The Best Kept Disney Parks Blog Secret. If I'm assuming incorrectly, you can PM me.

And I must say, what you said is quite true.

Although they're selling mostly off of Eisner's blunders, and Bob hasn't actually caused too many classic rides to go away (at least not yet), he certainly hasn't approved many (any) rides that will become those same kind of classics years from now. Bob certainly hasn't done much to bring in new fans. Stateside, at least. Overseas has been better, but mostly due to insistence from their asian parteners, not by Disney's own will.

 

[TeriofTerror]

Even red bubble doesn't offer Gildan's highest quality t-shirt.

Redbubble has a ladies fitted v-neck better than any Disney T-shirt, period. Disney would do well to realize that not all of their fans like shapeless unisex Tees.
I have a few Disney T-shirts I like, but for cut, fit, and color they pale in comparison to my "I drink and I know things" fitted V-neck Tee from Redbubble. I'm absolutely wearing that on my next trip to WDW.

 

[JohnD]

I bought the Dreamfinder shirt. It's on its way and I will love wearing it. But does anyone else think it's like rubbing salt in the wound by offering shirts like this for closed attractions? (They offered a Horizons shirt not too long ago.)

 

[RSoxNo1]

Redbubble has a ladies fitted v-neck better than any Disney T-shirt, period. Disney would do well to realize that not all of their fans like shapeless unisex Tees.
I have a few Disney T-shirts I like, but for cut, fit, and color they pale in comparison to my "I drink and I know things" fitted V-neck Tee from Redbubble. I'm absolutely wearing that on my next trip to WDW.

Redbubble has great variety but I'd prefer to get their 6.1 oz shirt.

 

[Brad Bishop]

With the apparel at the parks, two things stand out to me - kinda to the point where I don't bother any longer:
1) The quality sucks. At least that's been my experience. The shirts, for example, simply don't last like they used to.
2) The prints / logos suck. It always feels like, "This is what the cool hip kids want, today!"-marketing decisions instead of just regular logo'd items or, once in a while, clever items (the characters poking their heads through the shirts were clever, IMO - it seems to be kind of few and far between for the clever stuff). Mostly what they do is come up with, as stated in an earlier thread, "McLogo" and stamp it on.

To be fair, other parks suffer from the same problem. I just want a hat with a Six Flags logo on it and I'm happy. Try finding one at Six Flags. It seems like the easiest thing to do: take your logo, embroider it on a hat. Unless there's just not enough market for logo'd items and I'm an odd one for liking them.

 

[Brad Bishop]

Somehow my comment to this effect made it through moderation
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I'm pretty amazed that they let that through. I don't even bother with the Disney Blog because, typically, any comment that isn't gushing with, "...it's just so... so MAGICAL!" is censored. I kind of get it in a way. In another way it feels like they're just sticking their heads in the sand.

 

[Buried20KLeague]

I bought the Dreamfinder shirt. It's on its way and I will love wearing it. But does anyone else think it's like rubbing salt in the wound by offering shirts like this for closed attractions? (They offered a Horizons shirt not too long ago.)

Um. A number of people in the thread have said exactly that.

That purchase of these shirts is the equivalent of rewarding them for ripping out classics.

 

[bennyw01]

Ordered the Imagination one and the X-S Tech one.. I couldn't resist! but I got to agree, its glorifying the dead a bit! next month they will have a Maelstrom shirt.... too soon.

 

[asianway]

Ordered the Imagination one and the X-S Tech one.. I couldn't resist! but I got to agree, its glorifying the dead a bit! next month they will have a Maelstrom shirt.... too soon.

That one came out after the announcement but before it closed

 

[GrammieBee]

Just dropping in to catch up on mail and saw this thread and your post.

What sickens me beyond belief is that these things will sell and will sell big time. Every Lifestyler out there sucking off of Disney's teets will be telling their flocks how amazing these are and how they can purchase them.

I'm sorry, but if someone raped your childhood, you don't turn around and buy the tee that commemorates that.

I am so glad that Scary Steven likes his Imagination tee. I also had the original. But I also don't prostitute myself (better than the 'W' word filter patrol?) for Bob Iger's Company for a living, so I have no interest whatsoever in buying this or a Horizons one or an Adventurer's Club one or a Spectro Magic one etc etc. If you loved Journey and you buy this, then you (not YOU individually, but collectively) are a flat out hypocrite or have serious impulse control issues.

WOW! I usually enjoy your posts and read them with great interest. but this one seems somewhat over the top.
I bought the X-S Tech shirt for some family members because we loved Alien Encounter. The pre show in the waiting area for this attraction was one of our absolute favorites because of all the puns flying by. (Most people were not paying attention or did not get them.) The very name on this shirt is one of the puns.
While Dreamfinder was not one of our favorite rides, I also got the Dreamfinder shirt because my daughter is a dragon collector and, after all, Figment is a small pesky dragon.

Do we wish these attractions were still there? Are we upset that the Imagination Pavilion is a shell of its former self? Or that people complained that Alien Encounter frightened all the little snowflakes and did not belong at Disney? Definitely!! Will not buying these shirts change anything? Hardly. If purchasing them for the reasons given makes me a hypocrite, then I am a hypocrite.

 

[asianway]

WOW! I usually enjoy your posts and read them with great interest. but this one seems somewhat over the top.
I bought the XS Tech shirt for some family members because we loved Alien Encounter. The pre show in the waiting area for this attraction was one of our absolute favorites because of all the puns flying by. (Most people were not paying attention or did not get them.) The very name on this shirt is one of the puns.
While Dreamfinder was not one of our favorite rides, I also got the Dreamfinder shirt because my daughter is a dragon collector and, after all, Figment is a small pesky dragon.

Do we wish these attractions were still there? Are we upset that the Imagination Pavilion is a shell of its former self? Or that people complained that Alien Encounter frightened all the little snowflakes and did not belong at Disney? Definitely!! Will not buying these shirts change anything? Hardly. If purchasing them for the reasons given makes me a hypocrite, then I am a hypocrite.

Ill add fuel - its not like I kept buying the crap they churn out and this is in addition to that. I practically buy no merchandise anymore unless Im in Tokyo. The lone retro item is all the money they get from me now.

 

[Mike S]

That one came out after the announcement but before it closed

After a quick search the shirt was released in August and the announcement came in September.

 

[asianway]

After a quick search the shirt was released in August and the announcement came in September.

True, but we all knew it was a done deal long before. Im sure @RSoxNo1 knows the day

 

[alphac2005]

WOW! I usually enjoy your posts and read them with great interest. but this one seems somewhat over the top.
I bought the X-S Tech shirt for some family members because we loved Alien Encounter. The pre show in the waiting area for this attraction was one of our absolute favorites because of all the puns flying by. (Most people were not paying attention or did not get them.) The very name on this shirt is one of the puns.
While Dreamfinder was not one of our favorite rides, I also got the Dreamfinder shirt because my daughter is a dragon collector and, after all, Figment is a small pesky dragon.

Do we wish these attractions were still there? Are we upset that the Imagination Pavilion is a shell of its former self? Or that people complained that Alien Encounter frightened all the little snowflakes and did not belong at Disney? Definitely!! Will not buying these shirts change anything? Hardly. If purchasing them for the reasons given makes me a hypocrite, then I am a hypocrite.

I'm right there with you. I love the classic attractions and the many blunders of Disney has led me to spend virtually nothing compared to what I used to with the company. I love Figment and Dreamfinder and this is my chance to basically buy a shirt that I had as a child. Buying these shirts will do nothing to change what management chooses to do with the theme parks and I'm not going to sit there and not buy the shirt out of some moral crusade against what they've done to many things. If that was the case then the majority of the posters on the boards have no business giving the company a single cent including the original poster to whom I always find to be outstanding but disagree with him on this one as you do.

 

[MagicHappens1971]

I saw a couple comments about quality of the shirts. I have a ton of Disney shirts, mostly from the parks, and most of them are a year old if not more and they still look awesome :/

 

[Mike S]

I saw a couple comments about quality of the shirts. I have a ton of Disney shirts, mostly from the parks, and most of them are a year old if not more and they still look awesome :/

Mine too. I have one from the 40th that's still good.