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  1. #1

    Default Bond No. 9 demanding PerfumedCourt stop selling decants

    Saw the following on the Bond twitter:

    "@theperfumedcour Please remove all Bond No 9 decants you made from your website within the next 24 hours.you are infringing on our trademark"

    I'm a Bond fan, and I can understand their motivation, but this makes me a lot less enthusiastic about them.

  2. #2

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Nooooo!! I love Bonds and I love perfumedcourt but this is some seriously misplaced shenanigans

  3. #3
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Fascinating news.

    Is this really trademark infringement?

    And wouldn't a letter from their lawyer be more appropriate than a tweet?
    Currently wearing: Augusto by Mazzolari

  4. #4

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    It does seem strange and this isn't the kind of message I think you'd want to do out in the open. Regardless, this may work out in Perfumed Court's benefit. That's potentially another 1135 people that have now been clued in onto the existence of Perfumed Court. I bet Perfumed Court's sales of Bond decants picks up!

  5. #5
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Hah - amazing piece of news.Is one infringing trademarks by decanting etc ?
    http://www.basenotes.net/threads/370...o-Profumo-Onda
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  6. #6

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Quote Originally Posted by mysticknot View Post
    Hah - amazing piece of news.Is one infringing trademarks by decanting etc ?
    Hmmmm...

    A descriptive mark acquires secondary meaning when the consuming public primarily associates that mark with a particular producer, rather than the underlying product. Thus, for example, the term "Holiday Inn" has acquired secondary meaning because the consuming public associates that term with a particular provider of hotel services, and not with hotel services in general. The public need not be able to identify the specific producer; only that the product or service comes from a single producer. When trying to determine whether a given term has acquired secondary meaning, courts will often look to the following factors: (1) the amount and manner of advertising; (2) the volume of sales; (3) the length and manner of the term's use; (4) results of consumer surveys.
    So, are the words "Bond no. 9" protected or just to logo itself? TPC is not using Bond's actual logo anywhere.

    If a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. 15 U.S.C. �� 1114, 1125. The standard is "likelihood of confusion." To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods. In deciding whether consumers are likely to be confused, the courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; (7) the defendant's intent.
    Outside of perfume enthusiast circles, "Bond no. 9" is not widely known as a company name. It also references an actual address. It would be difficult to argue that their use would be likely to confuse consumers, especially when the circumstances behind their use is thoroughly explained.

    Perhaps the case could be made that Bond isn't sponsoring the goods, however.

    Another thing to consider:

    Reverse passing off occurs when the defendant tries to pass off the plaintiff's product as its own. So, for example, taking a computer made by Apple, removing the label, and putting on a different label.
    Does TPC "repackaging" Bond's scents in their own decant bottles count as "relabeling" and taking credit? I think not, considering they identify the manufacturer.

    I think this would be a tough case for Bond, which is probably why TPC freely sells decants of scents produced by other companies with bigger names and a lot more legal clout than Bond.


    http://cyber.law.harvard.edu/metasch.../domain/tm.htm



    (I know, unnecessary, since there are probably actual lawyers taking care of this, but this stuff interests me!! )
    Last edited by LiveJazz; 29th April 2010 at 03:20 PM.
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  7. #7

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    I don't think selling decants of any fragrance whether trademark protected or not is any different from selling any other already purchased product on ebay or any other secondary market. The Perf. Court are clearly not infringing on the Bond No. 9 trademark because they recognize that it is Bond fragrances they are selling. The don't duplicate their trademark in any way to market the product! It actually might be a restraint of trade violation on behalf of Bond No. 9 to prohibit Perfumed Court from reselling any product as a used item whether in a decant or original bottle.

  8. #8

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Bond No. 9 frags sux anyway. (no offence to its fan)
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  9. #9
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    sigh.

    Commerce interferes with artistic enjoyment, yet again. Said at the risk of aggrandizing Bond creations, of course.

  10. #10
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Hmmm. Interesting. But what's the official word?

    The vast majority of people who buys samples from the likes of TPC are savvy shoppers or serious perfume enthusiasts who want to know what they're getting into before splurging on a nifty looking bottle. Prohibiting TPC from selling decants (if indeed that's what they're doing) sounds like a message telling these savvy shoppers/enthusiasts that "Bond No.9 doesn't really need your business." Not when there are many less informed consumers who buy at first whiff, have no interest in doing comparative studies on fragrances marketed earlier or simply think the stylish bottles look good in a collection.

  11. #11
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Quote Originally Posted by scentsitivity View Post
    Fascinating news.

    ... wouldn't a letter from their lawyer be more appropriate than a tweet?
    Good point. I would take a tweet this seriously


    .


    odysseusm

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  12. #12
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Bond No.9 complaining about someone selling smells they think are their own; oh the irony.
    That girl, that bottle, that mattress and me.

  13. #13

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Sigh. I really don't give a tweet.
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    I'm wondering why they are picking on the PerfumedCourt? It's not like this is the only place you can buy Bond No.9 decants from online, so who is next in their firing line?
    Maybe if Bond no.9 sold their own samples far cheaper, then their sales would shoot up and people would not have to buy a decant from the likes of PerfumedCourt in order to test a fragrance out, before splashing out their hard earned cash on a full bottle.

  15. #15

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Of course its not a trademark infringement , Bond are just being assholes thats all

  16. #16

  17. #17

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Wasn't Bond N9 also behind -- at least in part -- the decision to ban decants from eBay? I seem to remember there was quite a kerfuffle about it at the time...

  18. #18
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Quote Originally Posted by carmencanada View Post
    Wasn't Bond N9 also behind -- at least in part -- the decision to ban decants from eBay? I seem to remember there was quite a kerfuffle about it at the time...
    I remember hearing this as well, but don't recollect what the evidence is.
    Last edited by scentsitivity; 29th April 2010 at 06:16 PM.
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  19. #19
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Quote Originally Posted by [email protected] View Post
    It seems somewhat unprofessional to tweet this message than contacting the owners of TPC through lawyers and what not
    I agree. This matter should have been handled in private.

  20. #20
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    I'm afraid I unfriended this house back when I found sales associates incredibly pushy with it.
    That girl, that bottle, that mattress and me.

  21. #21

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Yet another reason not to buy anything from this house. If they're trying to alienate their potential customer base, they're doing a fabulous job. Remarkable, even. Wouldn't be surprised if they started using Bernard Madoff as their spokesman.

  22. #22

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    If anything, at least Bond should be happy that someone is buying their perfumes.

  23. #23
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    As far as I know, property entitles owners with rights as owners of the goods bought. This actually means that I am free to do what I want with whatever I bought: Bond won't be able to do anything at all if I decide to buy, say, 50 bottles of any Bond N 9 in order to sell them at a huge discount in a store located in the most decrepit neighbour of any city.

    Based on this, I guess the Twit is just a useless action designed to misplace TPC on the eyes of their actual or potential customers.

    Still, let's ask a lawyer.
    Last edited by Pollux; 29th April 2010 at 07:26 PM.

  24. #24
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Quote Originally Posted by [email protected] View Post
    It seems somewhat unprofessional to tweet this message...
    Especially when there are perfectly good "We're taking you to court!" e-cards out there, some with music and everything...

  25. #25

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Quote Originally Posted by grm215 View Post
    Saw the following on the Bond twitter:

    "@theperfumedcour Please remove all Bond No 9 decants you made from your website within the next 24 hours.you are infringing on our trademark"

    I'm a Bond fan, and I can understand their motivation, but this makes me a lot less enthusiastic about them.
    what a bunch of babies those bond people, never buying a frag off of them, I will continue buying Creed. nh was the only one i liked from bond, oh well too late now bond.

  26. #26

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Quote Originally Posted by SirSlarty View Post
    If anything, at least Bond should be happy that someone is buying their perfumes.
    cosign

  27. #27

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    I'll dig up the case law in a bit but the short answer is no, it's not trademark infringement.

  28. #28
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    Thats utterly ridiculous.

    I never get this kind of a business plan.
    I mean, alright, I'm on a budget wont go ahead and buy FB, ESPECIALLY if their distribution is so poor that i cant even try them anywhere around here but in the end, if I dig something, I WILL shell out the money, somehow
    Quote Originally Posted by Diamondflame View Post
    "Bond No.9 doesn't really need your business.".
    To me this is somewhat spot on, it seems they dont even want my business for reasons I dont understand. If I buy a bottle of their juice they rofit just as much as if I was some rich whoever. Probably more, since the "whoever" would most likely not build up a wardrobe with possible more of their frags within months.
    But alright, I will pass, theres too much good stuff around to care all that much.

  29. #29
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    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    You would think Bond No. 9 would want people to try their fragrances -- they are just shooting themselves in the foot with this attempt to restrict buyers' access to samples.

  30. #30

    Default Re: Bond No. 9 demanding PerfumedCourt stop selling decants

    I just went to the Bond website and sent them a message.

    This is a very short sighted decision.

    I own 2 bottles of Bond, both of which were purchased because of decants. I'm not about to spend that kind of $$$ without several full wearings of a fragrance.

    The scent grows richer, he knows he must be near
    He finds a long passageway lit by chandelier
    Each step he takes, the perfumes change
    From familiar fragrance to flavours strange
    A magnificent chamber meets his eye

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