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cornerstone

Diamond Member
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Posts posted by cornerstone

  1. 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)

  2. 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.

  3. Where is proof of a trademark registration of Dirk's name?

    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.

  4. Some clues about the calibre the movement has 22 Jewels and 21,600 bph beat :bleh:
    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 :busted_cop: !)

    Cheers! :lol:

  5. 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.

  6. anyone can walk in and buy a gen.

    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. :lol:

    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 :wub:

  7. Surely it would be John Wood?.......................... :lol:

    :lol:

    You're not kidding - he's already had his first "miracle" turning wine in water! (I can do a similar sort of trick with beer, but well...)

    John Wood, 10-time Gold Logie nominee, and Buddha's Wine - turning wine into water for CARE Australia :blink:

    [Totally OT; I was intrigued the other day that I wrote 'go Gary, go' when the ad is clearly 'no, Gary no'. Was that some kind of weird ex-smoker Freudian slip?! Does my mind see that ad and go, "go on Gary, have a smoke for us all!" :lol: ]

  8. Perth to Melbourne...........Think Tampa to Phoenix :)

    Ken

    I always liked the story of a son emigrating from Scotland to Nova Scotia and his mother writing to another family member in Vancouver to come and meet him. She got the response "you meet him, you're closer!"

    @thomasng: bad business with that passport. You're really caught with immigration, because if you lose your temper in frustration, you're doubly-screwed. Been plenty of stories of people being turned away at US immigration on a whim.

  9. well it doesn't look like I will be getting my watch tomorrow. It has finally come up on EMS tracing:

    "Your item was processed for despatch from CHINA - GUANGZHOU EM at 23:56 on 21 May 2006."

    :thumbdown:

    Tsk, ain't that always the way. At least it must be nice to hear something about the watch's whereabouts.

    Best of luck - and post pics when it arrives! :thumbsupsmileyanim:

  10. I'm a UK citizen too... I was taught and for 60 years have believed that Scotland was a country. When did it cease to be a country?

    Les

    Well it is a nation and country, but not in an international political sense. It doesn't have complete sovereignty - as in the other parts of the UK can democratically impose laws there. Also it is not internationally recognised (nor does it claim to be) an independent country - it couldn't pull up a seat at the United Nations. The political unit is the UK.

  11. Lothian Road is getting better, sice rev closed down and all the [censored] have to go elsewhere. Establishment is closing down, good club for students, 50p a drink on a Thursday and free entry, can't ask any fairer than that lol.

    I get free parking cos I am a uni student at HMRI, but even better than that when I do my PhD, I get PAID £21000 a year TAX FREE and get all the benefits of being a student lol. Roll on the PhD.

    Jeez - when did these tax free perks start?!
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