cornerstone

But I think people will know the difference between somebody who has purchased the rights to being called a 'fu$§*tard' and the genuine article!

Nice! Are they real / fake / a mix?

Apparently the use of TM comes under state law in the US. And in Texas, the relevant state, anyone can add this without it meaning much. There is also a process to register trademarks at a state level in Texas - this gives you a presumption in your favour within Texas, but that is all. It is conceivable that he has done this. However, it provides no US-wide protection, and it would be trumped by a US or international registered trademark. It certainly doesn't stop Dirk using his own name, or registering a proper trade mark, or place any restriction upon questions of 'passing off'.

I'm NOT defending him, most emphatically. I'm saying he is lying. TC Dirks is NOT a registered trademark, to him or anybody else.

This is correct. But since the point of a 'trademark' is the legal protection you get by registering it, an unregistered trademark doesn't mean much (as in, adding the letters TM adds nothing to your rights) In the UK and Australia the symbol TM is totally meaningless. Only ® counts for anything, and it's illegal to use this if it's not registered. I believe (but I may be wrong) that the use of TM in the US indicates that you have applied for registration, but that it is not yet registered. No such application has been made according the relevant IP databases. Given that he isn't even claiming to have applied to trademark TC Straps (which naturally you would do at the same time), the whole thing sounds like a bit of a fantasy.

Yes, there are several different intellectual property rights that you can apply to a design. In Australia, for example, there are "design rights". But these can overlap with copyright and patent protection too, depending on what you are trying to register. I just wanted to differentiate this from the trade mark (Dirk), as they are getting in a muddle in other discussions. It would be quite easy for Dirk to protect his name - given that a certain level of confusion and brand loyalty has been shown, it would seem worth his while.

One other point to raise (not so much an issue in this discussion, but elsewhere): There is a difference between a trademark in the name Dirk, and intellectual property design rights in the actual look and design of the strap. So there are two issues: the right to call the strap a TC Dirk, and the right to sell a strap that looks anything like it (for example, as an Elliot Marketing BluesTM strap)

I will be a bit more bold: 1. He has not trademarked TC Dirk. 2. Has not applied to trademark TC Dirk. 3. He has not even trademarked TC Straps. (Think about it, why would you trademark TC Dirk, but not stick a little TM next to TC Straps too). I don't why he says he has, perhaps he plans to - but point is he hasn't. Some good news for the real Dirk, if he lives in Belgium (is that correct?) he lives in the easiest and cheapest jurisdiction in the world (Benelux) to register a trademark. Then it can be upgraded to provide international protection. This is nothing a quick 'cease and desist' letter couldn't fix.

This is a point I was about to make. Other than the fact he has written 'TC Dirk TM' on his website, I have found no evidence of this actually being trademarked. This looks a lot like 'passing off' - it's possible even against non-trademarked names.

Finally great to see the answers. I had spent a long time looking at Aristo watches (more German Aviator watches!) - but I was never within a million miles of this movement.

Good stuff - cheers! Taken days to get a moment to sample any of it. Always love Depeche Mode but that U2 duet version was new for me - way better than the original (which I find tremendously dull). Thanks!

Aye, I was thinking of specifically adding "QUIZ / TRIVIA" to the thread title! Then people know it's a bit of fun. Still don't know which watch this is!!

This has still defeated me! I only came across even more German aviator watches! In fact, it's safe to say I now have an issue with German aviator watches! (Given that so many look the same with an ETA shoved in!) Many, in fairness, are quite cheap. Slightly off the topic - I wonder if it might be worth starting a new QUIZ / TRIVIA thread, perhaps more people would join in (current thread title sounds a bit like a police alert !) Cheers!

A new day! Hopefully today will go a bit better for you This sort of thing can take months to sort out even with a properly regulated bank, let alone pp. The immediate generosity of everyone here is breathtaking, but there are a few avenues to look at before the dust settles too. It sounds like you're proactively pushing pp's buttons and getting good advice to boot, so I'm only throwing a few thoughts on the pile. Clearly, when problems happen with pp the miserable experience and frustration is well known. It is more likely than not, it seems, that dealing with them is hopeless. You have very little contractually you can work with, nor in terms of financial regulation, and they are not concerned with public opinion or relations. However, I do think that they tend to take a path of least resistance. This is the rationale for some of their moves. So while they are unlikely to put up a fight for your 'e money' (as they so kindly call it) - they aren't going to put up much of a fight for the account of the person that ripped you off either. pp are the king of chargebacks and refunds - and as I understand it the funds were moved from your account to another pp account as 'a purchase'. Although it was off ebay - your best point of attack (and I think you are already doing this) is to undermine this so-called 'sale' - there are no goods and they never arrive, the seller can't show any evidence of you buying anything, etc. Use the grief of sellers on paypalsucks as a blueprint to see how bastard buyers manage to get their funds back (even off-ebay), if you see what I mean. In terms of civil liability there basically is none, and of course it's expensive and impractical to go down this route. However, if pp are following a path of least resistance, there is always the off-chance that talking the talk might get you an extra yard or two. pp staff may be used to hiding behind their terms of service and the lack of banking legislation - so what you have to do is to look elsewhere for your rights and to get information on the person who ripped you off (at some point along the chain they have to get the money 'out') One possibility is that although pp were free and easy when your account was hacked, a whole range of new common law and criminal law responsibilities might have fallen upon them the minute that you told them that you had been defrauded. Once you tell them that you have been defrauded, their subsequent actions take on a new light. I don't want to overplay this, but it is outside their terms of service that your rights lie. They cannot contract out of criminal liability. Fraud is a serious crime - at the least the police may be in a position to obtain IP addresses and account activity about who did this to you from pp. Again, the hope would be that, in the face of this, pp would take the path of least resistance. Fingers crossed for you, in whatever actions you take. Like so many here, I am happy to pitch in.

So much for karma..... Sorry to hear about your grief.

Has anybody thought to tell the poor buyer?! $770 is a lot of money.

....wait has anybody seen where I put my Tunnocks Teacakes?

Edit

Ah, but deep fried......well, I think you would find yourself in the burns unit frankly.

Definitely not. After all, batter isnae free! I'll stick with the suspicious-looking horse appendage under the hot lamp. @Kenburg: begin your education here: Scots Wikipedia It contains useful information like this: Fry's Turkish Delight

This is absolutely true - I often wonder what there is to talk about on a gen forum! Sub-forums for walking up to the counter, speaking to salesperson, showing credit card, etc. The tricky thing with the PO seems to be that you can start your ultimate PO rep project, and within a few months the goalposts have moved with new reps on the market. I know a lot of people play the waiting game with this watch. Still it looks great

1 gen Sorry, it was inevitable that somebody was going to say it....thought I might as well jump the gun!

I think he missed Margaret Thatcher though Are you sure?

I must need a drink.... I thought this thread was "what was your first coconut?" Any particularly memorable first coconuts out there?!

Has me stumped. There are way more German brands than I thought possible - and many make nearly identical-looking aviator watches..... Any other takers on this challenge?