Revision as of 20:42, 30 March 2013 editPhoenix and Winslow (talk | contribs)Extended confirmed users4,909 edits →Survey: Transcluding "votes" from North8000 and DGG into Survey← Previous edit | Revision as of 20:48, 30 March 2013 edit undoAndrewRT (talk | contribs)Autopatrolled, Extended confirmed users, Pending changes reviewers9,839 edits →Threaded discussionNext edit → | ||
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:::I agree that this is not a good article because of its being incomplete, but I also think it fails on NPOV tone. It is too supportive of Deckers because of word choices such as "Deckers ''enjoyed'' UGG boots sales..." There is also the problem of disputed neutrality, and the wholly redundant "See also" section. ] (]) 17:45, 30 March 2013 (UTC) | :::I agree that this is not a good article because of its being incomplete, but I also think it fails on NPOV tone. It is too supportive of Deckers because of word choices such as "Deckers ''enjoyed'' UGG boots sales..." There is also the problem of disputed neutrality, and the wholly redundant "See also" section. ] (]) 17:45, 30 March 2013 (UTC) | ||
:I have also been asked to comment on this issue - in fact asked by Phoenix and Winslow to vote on the specific question. I second DGG's comment that I would prefer to be asked to comment on the issue rather than !vote on a narrow question. I think it is a mistake to express this in terms of a technical question of legality (i.e. is counterfeiting a type of trademark dispute). The question is whether counterfeiting (which I take to mean deliberate and flagrant production of UGG boots that pretend to be the Deckers version) is relevant to an article about whether the name "UGG" can be trademarked. Based on my reading of the article my answer would be no. ](]) 20:48, 30 March 2013 (UTC) |
Revision as of 20:48, 30 March 2013
Ugg boots trademark dispute is currently a Law good article nominee. Nominated by Wayne (talk) at 17:10, 28 September 2012 (UTC) An editor has indicated a willingness to review the article in accordance with the good article criteria and will decide whether or not to list it as a good article. Comments are welcome from any editor who has not nominated or contributed significantly to this article. This review will be closed by the first reviewer. To add comments to this review, click discuss review and edit the page.
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Koolaburras Australian Trademarks
Koolaburra does not have any australian trademarks containing ug, UGG or ugh.--Wikiguy1974 (talk) 23:53, 3 April 2012 (UTC)
- The court transcript specifically mentions the judges statement about not addressing Koolaburra's australian trademarks. Thus it is irrelevant whether they have any or not as the court ruling was that if they have such trademarks they would not infringe Deckers trademark. As they are an American company I doubt it would be economical to manufacture separate labelling for Australia so this may be why they dont. Wayne (talk) 08:48, 4 April 2012 (UTC)
If the court doccument say "Koolaburra's australian trademarks" then the current language of "Koolaburra's "Ug" trademarks in Australia" is not correct or factual. --Wikiguy1974 (talk) 12:21, 5 April 2012 (UTC)
Ugglebo Vs Deckers
This case was Dismissed in December of 2011. See:http://www.rfcexpress.com/search.asp --Wikiguy1974 (talk) 23:54, 3 April 2012 (UTC)
- That site has the court case listed but no results. The page says "No Results Found." Wayne (talk) 08:58, 4 April 2012 (UTC)
You must not be searching correctly. Put in "Deckers" to search the case and you will find it. Under the documents you will see the latest doccuments which state "Dismissed"--Wikiguy1974 (talk) 12:23, 5 April 2012 (UTC)
- Same result. Nothing. Wayne (talk) 17:48, 5 April 2012 (UTC)
GA Review
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- This review is transcluded from Talk:Ugg boots trademark disputes/GA1. The edit link for this section can be used to add comments to the review.
Reviewer: North8000 (talk · contribs) 15:40, 4 February 2013 (UTC)
I am starting a GA review on this article North8000 (talk) 15:40, 4 February 2013 (UTC)
Review discussion
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Regarding the sentence "In 2004, Deckers sent cease and desist letters to a number of Australian and USA based manufacturers, including Mortels Sheepskin Factory, preventing them from selling uggs on eBay or from using the word in domain names" did the letter actually prevent them from doing those things? Sincerely, North8000 (talk) 01:21, 5 February 2013 (UTC) After my first couple of reads my impression is that it might be a bit too "instructive" in certain areas without sourcing. For example, summary of law. My approach on this will be just to ask for cites (or discussion) a a few sentences that seem a particular "reach" in this respect. The following sentences seem to be a major statement (and possibly a reach) but are not cited:
Can you put cites on those? Sincerely, North8000 (talk) 01:20, 5 February 2013 (UTC)
I have done several close reads of the article, including the "Trademark law in the United States" section. I think that the first 3/4 of that section is largely unsourced. Currently, the only things that are sourced in that first 3/4 are editor-chosen examples for the main assertions in that 3/4 section, and none of the main assertions are sourced. Can somebody fix this? North8000 (talk) 12:24, 11 February 2013 (UTC)
Detailed work on the "Trademark law in the United States" sectionInstead of me attempting to give an "overall reading" on this how about we discuss and work on some details on that section and see where that takes us? So the individual items that I'm bringing up are not necessarily requirements for GA, they are an attempt to move forward on this section. North8000 (talk) 13:15, 12 February 2013 (UTC)
The last paragraph in that section looks pretty good. Well sourced to good secondary sources. North8000 (talk) 13:35, 12 February 2013 (UTC) Modified North8000 (talk) 12:25, 13 February 2013 (UTC)
Update on my #5 above. The only cite given for the sentence: "Thus the doctrine is interpreted by courts as not applying if the generic word is not a word from a foreign language, but one from an English speaking country." is to the ruling for this case. Suggest a secondary source for that broad reaching statement made in the voice of Misplaced Pages. Alternatively, it could be reworded to be aligned whith the limited allowable uses of primary sources.....i.e. to just say what the finding was in this case. Sincerely, North8000 (talk) 13:00, 19 February 2013 (UTC).
Page breakNorth8000, please take a look at the edits I've made to the article lede and to the caption of the first photo. Edits to the lede are attempting to treat Deckers and the Australian manufacturers as equals, while Wayne wishes to devote the first 6-7 sentences exclusively to telling the Australian manufacturers' version of the story. The caption I've provided is much more informative and explains how one New Zealand manufacturer is skirting dangerously close to counterfeiting the UGGS brand, but getting away with it. Wayne has reverted me. I would like to know what you think of these edits. Do you agree that my version is more neutral and informative? 24.248.1.3 (talk) 15:37, 25 February 2013 (UTC)— 24.248.1.3 (talk • contribs) has made no other edits outside this topic.
Sincerely, North8000 (talk) 21:25, 1 March 2013 (UTC)
Page break 2Counterfeiting is not a trademark dispute and definitely not in the meaning of the title of this article which is the common name used for the genericity dispute. There are four articles covering ugg boots, two of those cover counterfeits and Phoenix and Winslow is free to detail the Vaysman case there. This one and the origin article had consensus not to include counterfeits on the grounds of relevancy. It was also consensus to reduce the trademark dispute detail in the Ugg boots article and make this dedicated article so the Dutch case is irrelevant in the Ugg article. Phoenix and Winslow took part in the discussions and at the RFC and was the only editor supporting inclusion.Both the origin article and this one have been stable since that concensus was gained. Now both are being disrupted to make them give more prominence to Deckers by adding irrelevant material. Wayne (talk) 07:51, 5 March 2013 (UTC)
So we still need consensus (ie:your approval) to make simple grammatical edits? I thought we had gotten past that. All I can do is expand on what I wrote in my edit summaries.
Do we have your approval? Wayne (talk) 14:25, 7 March 2013 (UTC)
I have been reading the articles and think that I am starting to understand the overall "lay of the land" here. The topic of the article is an area where there is a real world clash, with editors who have views from both sides of the clash. Misplaced Pages articles in such situations tend to be cases of eternal angst and lower quality because Misplaced Pages does not currently have the tools (policies/guidelines etc.) to guide such situations to a successful conclusion. The most relevant guideline for most of the contested issues above is the weight section of wp:npov which essentially says to give weight in the article based on the amount of coverage in wp:reliable sources, but that is hard to implement in practice. So I think that if you two aren't able to "rise above it" you are doomed to years of battling over individual sentences. The "rise above it" would be to decide to simply have the article give readers information and understanding on what has happened on the topic. (the topic is basically events/happenings) And so agree that the article is to do only that, not try to right any wrongs, or accomplish any other mission. If both of you agree to that I think that it would be mutually beneficial. Of course, if only one does that then the article will tilt the other way. So agreement could be with the condition that the other person does the same. North8000 (talk) 14:16, 9 March 2013 (UTC) There is one area where I can give a more clear-cut opinion, and that is in regard to picture captions. Doubly so when the text is disputed, captions should be limited to just generally identifying what is in the picture. I wouldn't expand that at all (including making additional statements) unless there is a clear consensus here to do it. North8000 (talk) 14:23, 9 March 2013 (UTC)
Page break 3Folks, if this is for my benefit, I'm slow/careful to form impressions of people, and it largely isn't going to happen from what opponents say. May I suggest narrowing the discussion to just specific things in this article? Sincerely, North8000 (talk) 19:20, 11 March 2013 (UTC) Well it looks like things are pretty rough going on the talk page but to everyone's credit it hasn't boiled over into edit wars or an unstable article. I'm thinking this meets Good Article criteria. Does anybody think not? Sincerely, North8000 (talk) 18:53, 15 March 2013 (UTC)
Question from a dummy. I could be wrong on this, but putting it out to see if I am and to help sort this out, aren't "trademark" and "genericity" (of the name) disputes one and the same here? North8000 (talk) 12:52, 17 March 2013 (UTC) Question to Phoenix and Winslow. What would be an example of a trademark or name-genericity dispute that should be covered here but isn't? Sincerely, North8000 (talk) 12:55, 17 March 2013 (UTC)
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GA criteria final checklist
Well-written
- Meets this requirement. The lead is a bit sparse, but I have elected to not require expansion. Summarizaiton in this area is very hard to do without getting into contested wp:or / wp:synth and I have been pretty tough on the main editor requiring removal such material. North8000 (talk) 14:05, 24 February 2013 (UTC)
Factually accurate and verifiable
- Meets this criteria. North8000 (talk) 22:37, 23 March 2013 (UTC)
Broad in its coverage
- Meets this criteria. Broad within the limited scope of its topic. North8000 (talk) 13:55, 24 February 2013 (UTC)
- I'm very sorry, but it's being deliberately narrowed by one editor trying to WP:OWN it. One type of Ugg boots trademark disputes (counterfeiting) is being excluded in its entirety, while two other types (genericity and prior use) are being included. There is no logical basis for this exclusion. I can't support GA status for this article. Phoenix and Winslow (talk) 19:19, 20 March 2013 (UTC)
- IMHO the inclusion of counterfeit issues is arguable, and thus not grounds for failing this article. BTW, I don't feel that they fall literally under the topic, but my opinion would be to include them here. North8000 (talk) 22:44, 23 March 2013 (UTC)
Neutral: it represents viewpoints fairly and without bias, giving due weight to each
- Meets this criteria. North8000 (talk) 16:55, 24 February 2013 (UTC)
- Again I apologize, but I cannot support GA status on this basis either. POV-pushing by one editor is keeping out well-sourced, highly notable information that is directly relevant to the topic. Phoenix and Winslow (talk) 19:19, 20 March 2013 (UTC)
Stable: it does not change significantly from day to day because of an ongoing edit war or content dispute
- Meets this criteria. There is significant drama on the talk page, but to the credit of all concerned, it has not translated into edit wars or instability of the article. If this changes, I wil be be the first to nominate it for de-listing North8000 (talk) 22:39, 23 March 2013 (UTC)
Illustrated, if possible, by images
- Meets this requirement. Has one image, free, so no article-specific use rationale is required. Of course more would be nice for an article of this length/substance. North8000 (talk) 01:05, 5 February 2013 (UTC)
- Update: Meets this requirement. Has three images, all free, so no article-specific use rationale is required. North8000 (talk) 13:54, 24 February 2013 (UTC)
Result
If I were to just see this article in it's current state, without looking at tags, edit history, discussion history, RFC etc. I would pass it. However it is loaded with tags, there have been large and lengthy disputes in progress, and some degree of instability on the article pages as a result. My approach has been to just leave the review open and see if it settles down or gets resolved. However, this review has now been open for 72 days and is by far the longest open GA review in Misplaced Pages. I am forced to (for now) non-pass this article due to not passing the stability criteria.
If it settles down or otherwise gets resolved, I would be happy to review it again. And also, once it settles down or gets resolved a bit, if someone leaves me a note on my talk page, I would be happy to start a GA review immediately so that it does not have to go through the 3-4 month waiting process again. The best to everybody here and for the article. I look forward to it achieving Good Article status in the future. Sincerely, North8000 (talk) 15:37, 18 April 2013 (UTC) Reviewer
- Thank you for your time and patience. The article had been stable since it's creation in March 2012 so I thought it would breeze through. I would not have put it up for GA if I had known there was going to be an objection and can't understand why the issue wasn't brought up sooner. It's certainly a learning experience. Wayne (talk) 05:28, 20 April 2013 (UTC)
RfC: Should this article include other disputes involving Ugg boots?
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Should this article be expanded to include copyright and trade dress disputes involving Ugg boots?Wayne (talk) 05:38, 21 March 2013 (UTC)
An editor is suggesting that the article should not be restricted to the genericity dispute. He feels the article leans too heavily towards Australian boot manufacturers and their disputes with Deckers Outdoor Corporation and casts Deckers in a negative light when it should also include copyright and trade dress disputes Deckers have been involved in. Specifically counterfeits. Wayne (talk) 05:42, 21 March 2013 (UTC)
This RFC has been publicized on the Ugg boots Talk page per WP:RFC guidelines.Wayne (talk) 05:38, 21 March 2013 (UTC)
- The editor has already admitted that "counterfeiting cases are technically trademark disputes." Here's the diff: As several reliable sources (linked on the Talk page above) have noted, counterfeiting is a trademark dispute, therefore at least one example of a counterfeiting case should be included in Ugg boots trademark disputes. The lede of the Counterfeit consumer goods article also identifies counterfeiting as trademark infringement, not copyright or trade dress. Let's get our terminology correct and then proceed. Phoenix and Winslow (talk) 02:06, 24 March 2013 (UTC)
- And clearly, this RFC was started on the wrong board. It should be under "Politics, Government, and the Law" since it is a legal question. Phoenix and Winslow (talk) 14:16, 26 March 2013 (UTC)
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Should the Ugg boots trademark disputes article include example cases of counterfeit consumer goods? Is the counterfeiting of brand name goods a "trademark dispute" when the counterfeiters are taken to court? Also, an editor has claimed that the introduction of example cases of counterfeiting "dilute" the discussion about whether the word "UGG" is a generic term, and therefore ineligible for trademark protection. Phoenix and Winslow (talk) 14:16, 26 March 2013 (UTC)
- Whether counterfeiting of brand name goods is a "trademark dispute" or not is totally irrelevant to this article. As has been explained to you many many times and is also explained in the article itself, the title of this article is not the legal term, but the name commonly used for the genericity dispute and is used correctly per WP:TITLE. Listing the dispute in another forum is forum shopping. Wayne (talk) 22:51, 26 March 2013 (UTC)
Survey
- Oppose, the Ugg boots trademark dispute has been and remains a notable dispute, including counterfeits (a copyright dispute) would water down this article, leaving it as little more than another Deckers Outdoor Corporation page. Wayne (talk) 05:39, 21 March 2013 (UTC)
- NOTE: User:WLRoss (Wayne) is an Australian editor, motivated by nationalist bias and resentment against Deckers for "stealing" the ugg boot, an "Australian icon." Phoenix and Winslow (talk) 11:24, 26 March 2013 (UTC)
- What do you think this 'note' does for your own neutrality? Bad move. Binksternet (talk) 15:48, 26 March 2013 (UTC)
- NOTE: User:WLRoss (Wayne) is an Australian editor, motivated by nationalist bias and resentment against Deckers for "stealing" the ugg boot, an "Australian icon." Phoenix and Winslow (talk) 11:24, 26 March 2013 (UTC)
- Oppose. Although tangentially related (in terms of it being a trademark infringement), the proposed expansion of scope does not seem to fit under the article title. A mention in "see also" or "external links" would suffice. Alternatively, a hatnote could be added, though that might be a case of WP:RELATED. NinjaRobotPirate (talk) 13:05, 22 March 2013 (UTC)
- Support IMHO the inclusion of counterfeit issues is arguable ... BTW, I don't feel that they fall literally under the topic, but my opinion would be to include them here. North8000 (talk) 22:44, 23 March 2013 (UTC)
- Support inclusion of a single, highly notable counterfeiting case as an example. Several reliable sources, linked on the Talk page above, have identified counterfeiting as a trademark dispute. All of the trademark disputes that are already in this article involve Deckers. Adding one paragraph to describe one more case wouldn't water it down, any more than adding a thimble full of water to a beer stein would water that down. This was a compromise that was offered on the article Talk page, but rejected by an editor who is trying to WP:OWN it. Phoenix and Winslow (talk) 00:29, 24 March 2013 (UTC)
- Once one off topic case is added then others will follow. This is what happened to the Ugg boot article and eventually resulted in an RFC to exclude counterfeits there. Wayne (talk) 00:49, 24 March 2013 (UTC)
- Not if we agree from the beginning that only one, highly notable example should be included here, with a link to other cases at UGG Australia should readers choose to learn more about them. Phoenix and Winslow (talk) 01:15, 24 March 2013 (UTC)
- That's what you said before and it didn't happen. The example you want to include is not even "highly notable". A Google search for court cases brings up only three links for the Vaysman case in the first 100 results and all three were Australian legal websites. More than half of the results were for case numbers 11-cv-7970 and 12-cv-377 (against Chinese websites selling counterfeit Uggs) which were reported across worldwide media. Wayne (talk) 02:13, 24 March 2013 (UTC)
- (Transcluded) To the contrary, a Google search that is properly constructed (combining two key terms such as Vaysman and Deckers, or Hepbourne and Deckers) produces links to dozens of websites that report various stages of the case. It's highly notable. Phoenix and Winslow (talk) 03:46, 24 March 2013 (UTC)
- That's what you said before and it didn't happen. The example you want to include is not even "highly notable". A Google search for court cases brings up only three links for the Vaysman case in the first 100 results and all three were Australian legal websites. More than half of the results were for case numbers 11-cv-7970 and 12-cv-377 (against Chinese websites selling counterfeit Uggs) which were reported across worldwide media. Wayne (talk) 02:13, 24 March 2013 (UTC)
- Not if we agree from the beginning that only one, highly notable example should be included here, with a link to other cases at UGG Australia should readers choose to learn more about them. Phoenix and Winslow (talk) 01:15, 24 March 2013 (UTC)
- Once one off topic case is added then others will follow. This is what happened to the Ugg boot article and eventually resulted in an RFC to exclude counterfeits there. Wayne (talk) 00:49, 24 March 2013 (UTC)
- Oppose, the counterfeiting topic is only pseudo-related. Its inclusion here would only serve to detract from the point of the article which is to demonstrate the conflicting views on TM vs generic.Mandurahmike (talk) 15:50, 24 March 2013 (UTC)
- NOTE: User:Mandurahmike is an Australian editor, motivated by nationalist bias and resentment against Deckers for "stealing" the ugg boot, an "Australian icon." He is also voting as an editor canvassed by User:WLRoss (Wayne). Phoenix and Winslow (talk) 11:24, 26 March 2013 (UTC)
- Excuse me? Do you have anything other than strawmen and assumptions to contribute to Misplaced Pages? I've, off and on, been a contributor and editor of the main Ugg Boots article. Because I don't make it my life's work to hover over it like, you know, someone paid by a large corporation to push a company line, doesn't mean I've been canvassed if I decide a vote is worthy of my attention.Mandurahmike (talk) 12:48, 26 March 2013 (UTC)
- NOTE: User:Mandurahmike is an Australian editor, motivated by nationalist bias and resentment against Deckers for "stealing" the ugg boot, an "Australian icon." He is also voting as an editor canvassed by User:WLRoss (Wayne). Phoenix and Winslow (talk) 11:24, 26 March 2013 (UTC)
- If that's really the WP:POINT of the article, then it should have a very different title. I've suggested Australian ugg boot manufacturer genericity disputes. Phoenix and Winslow (talk) 18:17, 24 March 2013 (UTC)
- You have been told repeatedly. The title is the name used for the genericity dispute so it complies with WP:TITLE, quote:The term most typically used in reliable sources is preferred to technically correct... forms. No one would search for this article using "Ugg boots genericity disputes", they would use "Ugg boots trademark disputes" and expect genericity disputes to be there. If they were looking for counterfeits then they would write counterfeit. If they came here from redirects in other articles they would know exactly what this page would be about as the other articles have trademark disputes sections which only discuss genericity which are separate from dedicated counterfeit sections. Move on. Wayne (talk) 04:49, 25 March 2013 (UTC)
- Don't tell me to move on. You don't WP:OWN this RFC, any more than you WP:OWN the article. Since you've voluntarily chosen the title Ugg boots trademark disputes, other types of trademark disputes belong here. Perhaps the best argument supporting my position is your voluntary inclusion (without any prompting from me) of the Luda Productions case, which has absolutely nothing to do with genericity. It's a prior use case. According to your thinking, readers looking for that case shouldn't be able to find it here; they should run a search on "prior use." Also, other related articles (UGG Australia and Deckers Outdoor Corporation) have counterfeiting as a SUBSECTION of trademark disputes.
- Only one other type of product, Apple Computers, has an entire article dedicated to its trademark disputes. And those have been far more notable, lasting from 1978 to 2006 and spawning four seperate enormous lawsuits between Apple Inc. and Apple Corps, holding company for The Beatles and owner of Apple Records. Perhaps we should use that fact as a signpost for our future navigation regarding this topic. Not even Louis Vuitton has a separate article about its many, many trademark disputes. Phoenix and Winslow (talk) 18:44, 25 March 2013 (UTC)
- Quote:"related articles (UGG Australia and Deckers Outdoor Corporation) have counterfeiting as a SUBSECTION of trademark disputes."
Well so they are!!!!! I would have sworn they had their own sections!!!!!!! That changes everything...OH WAIT....You edited both those articles yesterday to change the counterfeit sections to subsections of trademark disputes!!!!!!!. I'm actually not surprised as this is not the first time you have altered other articles to support your edits in disputes. Wayne (talk) 00:03, 26 March 2013 (UTC)- And you saw them yesterday after I'd edited them, edited one article yesterday (in the very subsection that was moved), and did not object ... until now. I wonder why. Phoenix and Winslow (talk) 01:44, 26 March 2013 (UTC)
- Wonder no more. I didn't check what was edited and had no idea the sections had been changed. You get caught cheating and you try to spin it by making false accusations...typical. Wayne (talk) 09:17, 26 March 2013 (UTC)
- And you saw them yesterday after I'd edited them, edited one article yesterday (in the very subsection that was moved), and did not object ... until now. I wonder why. Phoenix and Winslow (talk) 01:44, 26 March 2013 (UTC)
- Quote:"related articles (UGG Australia and Deckers Outdoor Corporation) have counterfeiting as a SUBSECTION of trademark disputes."
- You have been told repeatedly. The title is the name used for the genericity dispute so it complies with WP:TITLE, quote:The term most typically used in reliable sources is preferred to technically correct... forms. No one would search for this article using "Ugg boots genericity disputes", they would use "Ugg boots trademark disputes" and expect genericity disputes to be there. If they were looking for counterfeits then they would write counterfeit. If they came here from redirects in other articles they would know exactly what this page would be about as the other articles have trademark disputes sections which only discuss genericity which are separate from dedicated counterfeit sections. Move on. Wayne (talk) 04:49, 25 March 2013 (UTC)
- Object: At first I was leaning towards Support then saw what Wayne said to Pheonix about 'if a second is placed more will follow' and agree we don't want it getting out of hand, plus Oppose is the general consensus here. MIVP - (Can I Help?) (Maybe a bit of tea for thought?) 19:17, 25 March 2013 (UTC)
- Support I really don't see why the additional counterfeiting issue shouldn't be included, per WP:BALANCE...--MONGO 02:22, 26 March 2013 (UTC)
- NOTE: MONGO is voting as an editor canvassed by User:Phoenix and Winslow for support. Wayne (talk) 09:06, 26 March 2013 (UTC)
- (Transcluded from my User Talk page Phoenix and Winslow (talk)] Hey Wayne...if you want to discuss bias, let's look at Kerry and Kay Danes, where none other than Jimbo Wales himself stepped in and removed all the BLP violating stuff you'd been supporting for years. Phoenix didn't "canvass" me...if he wanted to he could have emailed me...I checked his editing history and saw the Ugg Boot issues (which I have previously participated in) and knew you'd be on the other end of the loop...I've almost reached the point where I am going to refuse to AGF of your contributions to this site...about all you do is promote fringe theories, violate BLP and do general harm to the articles.--MONGO 17:10, 27 March 2013 (UTC) Phoenix and Winslow (talk) 07:16, 28 March 2013 (UTC)
- So it was just a coincidence that you messaged MONGO that you were having a dispute and within minutes he voted here? The last time you messaged MONGO was two years ago and that was blatantly canvassing him to support you in a RFC against me because no one else would. You got in trouble for canvassing him that time so you think it's not canvassing because you were a little more subtle this time? As for that crap about the Danes article, Kay Danes contacted me because she wanted some changes in the article. I made most changes she asked for except for ones involving legal documents in her possession that contradicted some media reports mentioned in the article and I told her I couldn't add it because the documents were not public. She posted thanking me for what I had done and then I told her I would get someone to help her with the documents so posted on the BLP board asking for help. Jimbo found no BLP problem but stubbed the article "temporarily" two weeks later on the grounds that the article discussed the arrest of the Danes before revealing they were innocent when it should have been the other way around. The admin discussion went on for almost eight weeks before it was decided the article would remain stubbed primarily due to concerns regarding the reliability of the Laotian Government as a source and to a lessor extent the Danes owns website. There was nothing negative of the Danes in the article and the Danes themselves did not object to the article other than on specific points which were largely corrected. Bringing up unrelated articles I've been involved in previously in a way to imply that I did something wrong is both childish and despicable behavior, especially as you have been told not to do it on previous dispute boards. Wayne (talk) 00:24, 28 March 2013 (UTC)
- Wayne, nobody believes you. Phoenix and Winslow (talk) 12:01, 28 March 2013 (UTC)
- Its not related to this discussion, but the Danes did not want the article up on Misplaced Pages at all. I think the talkpage discussions at that article demostrates you were only modestly appeasing of the Danes, who were logging in using IP's and later under a username to try and get the incorrect info removed...but their preference was to have the article deleted...I know because I emailed her. Back to this topic at hand, I stand by my support comment since there may be a big difference between copyright/trademark laws between various countries...and what Phoenix is proposing seems to me to be fine for this article.--MONGO 15:48, 30 March 2013 (UTC)
- I know it's not related to this discussion and I'm not blaming you for bringing it up. P&W reposted your comment because he always resorts to personal attacks when he gets frustrated. The problem is that bringing this sort of stuff up implies bad behavior when none exists. For example you sometimes bring up that I was taken to WP:ARB9/11 for my editing in order to discredit me, yet never have you mentioned that the case was closed after no evidence of disruptive or POV editing on my part was found. I'm not aware of the Danes using ISPs. I am aware that their lawyer and a Loatian guy did so. The fact remains that I was the one who took it to the BLP board and specifically stated there that I might be interpreting policies too strictly and wanted the admins to take over. The Danes thanked me for my work on their behalf so that should count for something.
I know you stand by your support vote but we both know that you would support the sky being green if it were against me. Weight per WP:Balance does not apply because counterfeiting has no prominence in the genericity dispute. Wayne (talk) 17:06, 30 March 2013 (UTC)
- I know it's not related to this discussion and I'm not blaming you for bringing it up. P&W reposted your comment because he always resorts to personal attacks when he gets frustrated. The problem is that bringing this sort of stuff up implies bad behavior when none exists. For example you sometimes bring up that I was taken to WP:ARB9/11 for my editing in order to discredit me, yet never have you mentioned that the case was closed after no evidence of disruptive or POV editing on my part was found. I'm not aware of the Danes using ISPs. I am aware that their lawyer and a Loatian guy did so. The fact remains that I was the one who took it to the BLP board and specifically stated there that I might be interpreting policies too strictly and wanted the admins to take over. The Danes thanked me for my work on their behalf so that should count for something.
- So it was just a coincidence that you messaged MONGO that you were having a dispute and within minutes he voted here? The last time you messaged MONGO was two years ago and that was blatantly canvassing him to support you in a RFC against me because no one else would. You got in trouble for canvassing him that time so you think it's not canvassing because you were a little more subtle this time? As for that crap about the Danes article, Kay Danes contacted me because she wanted some changes in the article. I made most changes she asked for except for ones involving legal documents in her possession that contradicted some media reports mentioned in the article and I told her I couldn't add it because the documents were not public. She posted thanking me for what I had done and then I told her I would get someone to help her with the documents so posted on the BLP board asking for help. Jimbo found no BLP problem but stubbed the article "temporarily" two weeks later on the grounds that the article discussed the arrest of the Danes before revealing they were innocent when it should have been the other way around. The admin discussion went on for almost eight weeks before it was decided the article would remain stubbed primarily due to concerns regarding the reliability of the Laotian Government as a source and to a lessor extent the Danes owns website. There was nothing negative of the Danes in the article and the Danes themselves did not object to the article other than on specific points which were largely corrected. Bringing up unrelated articles I've been involved in previously in a way to imply that I did something wrong is both childish and despicable behavior, especially as you have been told not to do it on previous dispute boards. Wayne (talk) 00:24, 28 March 2013 (UTC)
- (Transcluded from my User Talk page Phoenix and Winslow (talk)] Hey Wayne...if you want to discuss bias, let's look at Kerry and Kay Danes, where none other than Jimbo Wales himself stepped in and removed all the BLP violating stuff you'd been supporting for years. Phoenix didn't "canvass" me...if he wanted to he could have emailed me...I checked his editing history and saw the Ugg Boot issues (which I have previously participated in) and knew you'd be on the other end of the loop...I've almost reached the point where I am going to refuse to AGF of your contributions to this site...about all you do is promote fringe theories, violate BLP and do general harm to the articles.--MONGO 17:10, 27 March 2013 (UTC) Phoenix and Winslow (talk) 07:16, 28 March 2013 (UTC)
- NOTE: MONGO is voting as an editor canvassed by User:Phoenix and Winslow for support. Wayne (talk) 09:06, 26 March 2013 (UTC)
- Oppose. Counterfeiting should be covered in the Deckers article, not here. This topic is about legal disputes, not illegal smuggling. Note that I am an American editor who might be assumed (by some) to have a friendlier viewpoint toward Deckers. Binksternet (talk) 15:48, 26 March 2013 (UTC)
- Support ... The article is a little too narrow. People tend to interpret "trademark" a little more broadly than the actual definition, and a section on trade dress & counterfeiting etc. would help the article, if only by clarifying the distinction. DGG ( talk ) 17:14, 30 March 2013 (UTC)
Threaded discussion
- The title is the name commonly used for the genericity dispute and is used correctly per WP:TITLE. Counterfeiting and other disputes are not particularly notable and belong in the UGG Australia article. Inclusion would also require the addition of a section explaining intellectual property laws which would give equal weight to a far less notable dispute. Wayne (talk) 05:40, 21 March 2013 (UTC)
- So, this article is ostensibly about whether "ugg boots" is a generic term? Amid that controversy, there have been court cases against alleged counterfeiters. The alleged counterfeiters have argued that they're simply using the generic term. The proposed expansion of scope for this article includes efforts by the American company to fight against counterfeiting, separate from the trademark dispute? NinjaRobotPirate (talk) 16:07, 21 March 2013 (UTC)
- The article is not about whether "ugg boots" is a generic term, this has been largely resolved by the court cases in this article. The article is about the trademark dispute itself which has had widespread media and legal coverage as a notable dispute. Counterfeiting should rightly be covered in the Misplaced Pages article for the branded product (i.e.:UGG Australia). That counterfeiting is usually not mentioned in most brand articles is indicative that counterfeiting is not generally notable. The only notable case that involved both counterfeit and generic Uggs is in this article.
- Counterfeiters may have attempted to argue that they're simply using the generic term but a judge will not allow the argument to be used in court. A generic term defense is not applicable to counterfeit goods.
- Counterfeiting is a copyright dispute and as such a different set of laws applies. For example, the Lanham Act does not apply to foreign generic disputes but it does to counterfeiting. Wayne (talk) 22:06, 21 March 2013 (UTC)
- I dunno. According to Misplaced Pages, "Counterfeit products have a fake company logos and brands. In the case of goods, it results in patent infringement or trademark infringement." However, although counterfeiting may include trademark infringement, it doesn't include any dispute, and it doesn't seem to be related to the trademark dispute. Thus, although I can see shades of gray in this issue, I think you're basically correct. I think the article title should be changed first, if discussion of counterfeiting is going to be added. Readers will expect to find a specific controversy here. I'll summarize my arguments above. NinjaRobotPirate (talk) 12:50, 22 March 2013 (UTC)
- I did consider a hatnote but the related articles (Ugg boots, UGG Australia and Deckers Outdoor Corporation) all have "main article" redirects to this article in their Trademark dispute sections. Ugg boots doesn't have a counterfeits section while both the other articles do. In both, the counterfeit section is a separate section from the Trademark dispute section so readers have no confusion over what this article covers. Wayne (talk) 16:42, 22 March 2013 (UTC)
- Counterfeiting has been described as a trademark dispute on several reliable source websites, linked above. Including a single, highly notable counterfeiting case as an example is appropriate. And it's important to note that while one judge in one country (the Netherlands) excluded the generic defense from one counterfeiting case, trademark laws differ from country to country. Criminals manufacturing or selling counterfeit UGGs in any one of over 130 other countries that are not the Netherlands are still free to argue the genericity defense, and judges in those countries may rule in their favor. For all these reasons, the title does not have to be changed to include one sample counterfeiting case. Phoenix and Winslow (talk) 00:39, 24 March 2013 (UTC)
- While counterfeiting is a trademark infringement it is not a trademark dispute, it is an intellectual property dispute. However, there is no real dispute, can you cite even one case which found in favour of counterfeits? Counterfeiting is prosecuted under copyright law not trademark law. Wayne (talk) 01:47, 24 March 2013 (UTC)
- To be honest, my search did turn up one case. A Deckers intellectual property lawyer sued a Chinese company for selling counterfeits after he bought a pair of UGGs from them that had dodgy trademark tags. The case was dismissed after it was found that the company was an authorized distributor for Deckers and that the tags were faulty due to poor quality control. That case was legitimately disputed but it doesn't invalidate my position. Wayne (talk) 03:00, 24 March 2013 (UTC)
- I've added a counterfeiting see also to the Trademark disputes section. Hopefully this will resolve the problem so we can move on. Wayne (talk) 02:47, 24 March 2013 (UTC)
- To the contrary, a Google search that is properly constructed (combining two key terms such as Vaysman and Deckers, or Hepbourne and Deckers) produces links to dozens of websites that report various stages of the case. It's highly notable. The fact that counterfeiters have never defeated Deckers does not mean that they never dispute the charges; for example, counterfeit distributors in the Dutch La Cheapa case disputed the charges and lost, but it was still a trademark dispute. As mentioned previously, the Vaysman family chose to fight back in an unorthodox way: agree to an out of court settlement and then ignore it completely, agree to another out of court settlement and ignore that one as well, declare bankruptcy to avoid paying damages, etc. That's a very passive-aggressive way to dispute the charges, but it's a dispute nonetheless. And you've already admitted that "counterfeiting cases are technically trademark disputes." Here's the diff: Counterfeiting is prosecuted under either patent law or trademark law, depending on the facts of the case; the counterfeiting cases discussed here all involve trademark law, hence they were trademark disputes. In the Vaysman case, copyright law happened to also be involved because like the counterfeiters in the Dutch La Cheapa case, the Vaysmans also duplicated a copyrighted owner's manual that Deckers includes in each box of genuine UGG brand boots. Your position has been thoroughly invalidated. Phoenix and Winslow (talk) 03:46, 24 March 2013 (UTC)
- Using the name of the case as one of the search parameters to determine notability among similar cases is incredibly dishonest. Be that as it may, not only does it return only 0.02% the number of results that a search of all counterfeit cases involving Deckers returns, but the vast majority of the results are spam with only one result for a newspaper article, one for a book and with the remaining for legal or Deckers websites. BTW, the Vaysman's ignored three settlements, not two and rather than a passive-aggressive way to dispute the charges it is the hallmark of a criminal enterprise. Ignoring a settlement is "public contempt," the Vaysman's were charged with "criminal contempt" for also ignoring subpoenas to reveal their sales and profits. Your explanation of the La Cheapa case is, to be as kind as possible, rubbish. La Cheapa did not dispute that their boots were copies of Deckers and co-operated with the court. La Cheapa's only argument was that the counterfeits were merely similar to Deckers and that the Jumbo Uggs they also sold stated on the Jumbo website that the brand UGG Australia was not protected so that covered the counterfeits as well and Deckers was unable to dispute this (quote:"Deckers has not contradicted the accuracy of this last statement. The court may therefore not conclude that there is trademark infringement"). The Dutch court instead found La Cheapa in copyright violation for it's counterfeit boots. The judge in his final judgment also criticized Deckers for bringing the case to court at all because La Cheapa had stopped selling the counterfeits (38 pairs in total) after being contacted and Deckers could not produce evidence that they tried to settle out of court. Deckers sought €25,957.72 in legal costs but this was reduced by €6,412.71 due to double billing. Because the court believed the case should not have been brought, it only awarded €11,699.00 plus court costs and forfeiture of €686, being the profits from La Cheapa's sales of counterfeits. This case actually makes Deckers look petty and vindictive. Wayne (talk) 09:41, 24 March 2013 (UTC)
- Using the name of the case as one of the search parameters to determine notability among similar cases is incredibly dishonest. That's not what I did. That may have been what you did to get your peculiar result. I used the names of the parties, Vaysman and Deckers, which is the way it's usually described; the search results demonstrate that it's highly notable. Using case numbers alone artificially narrows down the search, which is what would indeed be incredibly dishonest.
- ... the vast majority of the results are spam with only one result for a newspaper article, one for a book and with the remaining for legal or Deckers websites. There are several reliable websites reporting this case. To a very large extent, Australian news media carefully ignored this case in much the same way that American news media carefully ignore, to be as kind as possible, inconsistencies in government descriptions of the 2012 Benghazi attack. Kathy Marks, for example, is pretending that the Vaysman case does not exist. Legal websites are reliable, and your arguments to the contrary years ago were defeated in detail. If licensed attorneys post false information about cases, they can be sanctioned by the bar association and their licenses to practice law can be suspended. Does every argument destroying your objections need to be repeated here? There are entire archives full of that sort of thing at Ugg boots. Perhaps I should just post a link.
- Your explanation of the La Cheapa case is, to be as kind as possible, rubbish. How did the Dutch judge reach the conclusion that the genericity defense can't be used in a counterfeiting case, if La Cheapa hadn't tried to use it? Like other counterfeiting cases discussed in the many reliable sources I've linked above, La Cheapa defines counterfeiting as a trademark dispute. In almost all cases, it involves trademarks. And when it goes to court, it's a dispute. I think your confusion may arise from the really peculiar fact that under Dutch IP law, the DESIGN aspects of a product (physical shape and appearance) are covered under the copyright chapter of their legal code. In most other countries, these design aspects are covered under patent law and the resulting patents are called "design patents." But in this case, printed materials in the Deckers box that had been copyrighted were also copied by the counterfeiters.
- At this link for the La Cheapa case in the copyright section of the decision (starting with 4.13), the word "boekje" refers to a booklet. In 4.20 there's a reference to an "UGG Pamphlet." In 4.22 again there's a "boekje en tekst" (textbook). These all refer to the owner's manual. The copyright section of the court's decision also refers to packaging, the sun logo, images (photos), and text on the La Cheapa website that was cut and pasted from the Deckers website. Packaging is trade dress. The rest are common elements of copyright infringement worldwide. All these legal eccentricities underscore the fact that IP law varies considerably from country to country, and when one Dutch judge says that the genericity defense can't be used in a counterfeiting case, it does NOT mean that it cannot be used in any other country. Phoenix and Winslow (talk) 15:31, 24 March 2013 (UTC)
- You are absolutely unbelievable. No need for me to reply to this section as what I wrote is so obviously being manipulated to get the answer you want.
- Legal websites are reliable, and your arguments to the contrary years ago were defeated in detail. Hellooooo. It was me who wanted to use legal documents. You took it to WP:RSN and argued that legal documents couldn't be used unless their claims were reported by the media. Unfortunately you won.
- I actually posted La Cheapa's argument above which was "the Jumbo website stated that the brand UGG Australia was not protected," the judge said that although Deckers could not refute the claim (the statement was in fact true), this was a generic defense and couldn't be used.
Please stop filibustering. No more posts. You keep repeating the same arguments ad nauseum and no one will bother reading this rubbish anyway so let the RFC move on to a result. Wayne (talk) 16:19, 24 March 2013 (UTC)
- ... as what I wrote is so obviously being manipulated to get the answer you want. The way I see it, you distort and obscure certain important details. I clear it up, so that the truth is known. And the truth — that counterfeiting is a trademark dispute, and therefore belongs in an article titled Ugg boots trademark disputes — is the answer I want.
- It was me who wanted to use legal documents ... Here's an excellent example of the preceding in action. Legal DOCUMENTS are primary sources, and you can cherry pick the details you want to spin-doctor content, which is precisely what was happening under your stewardship. Legal WEBSITES, in most cases, are reliable secondary sources, operated by law firms or published, peer-reviewed law reviews and journals. I was talking about legal websites. You've decided to pretend I was talking about legal documents.
- Unfortunately you won. I consider it very fortunate that Misplaced Pages was, once again, being protected from those who wish to use unreliable sources, use sources that are reliable for extremely limited purposes in an unreliable way (which is what was happening), or otherwise violate Misplaced Pages policy to pursue a private agenda. When Misplaced Pages is protected, Misplaced Pages wins. I am just an instrument of Misplaced Pages.
- No more posts. You don't WP:OWN the RFC, any more than you WP:OWN the article. Phoenix and Winslow (talk) 00:20, 25 March 2013 (UTC)
- Using the name of the case as one of the search parameters to determine notability among similar cases is incredibly dishonest. Be that as it may, not only does it return only 0.02% the number of results that a search of all counterfeit cases involving Deckers returns, but the vast majority of the results are spam with only one result for a newspaper article, one for a book and with the remaining for legal or Deckers websites. BTW, the Vaysman's ignored three settlements, not two and rather than a passive-aggressive way to dispute the charges it is the hallmark of a criminal enterprise. Ignoring a settlement is "public contempt," the Vaysman's were charged with "criminal contempt" for also ignoring subpoenas to reveal their sales and profits. Your explanation of the La Cheapa case is, to be as kind as possible, rubbish. La Cheapa did not dispute that their boots were copies of Deckers and co-operated with the court. La Cheapa's only argument was that the counterfeits were merely similar to Deckers and that the Jumbo Uggs they also sold stated on the Jumbo website that the brand UGG Australia was not protected so that covered the counterfeits as well and Deckers was unable to dispute this (quote:"Deckers has not contradicted the accuracy of this last statement. The court may therefore not conclude that there is trademark infringement"). The Dutch court instead found La Cheapa in copyright violation for it's counterfeit boots. The judge in his final judgment also criticized Deckers for bringing the case to court at all because La Cheapa had stopped selling the counterfeits (38 pairs in total) after being contacted and Deckers could not produce evidence that they tried to settle out of court. Deckers sought €25,957.72 in legal costs but this was reduced by €6,412.71 due to double billing. Because the court believed the case should not have been brought, it only awarded €11,699.00 plus court costs and forfeiture of €686, being the profits from La Cheapa's sales of counterfeits. This case actually makes Deckers look petty and vindictive. Wayne (talk) 09:41, 24 March 2013 (UTC)
- While counterfeiting is a trademark infringement it is not a trademark dispute, it is an intellectual property dispute. However, there is no real dispute, can you cite even one case which found in favour of counterfeits? Counterfeiting is prosecuted under copyright law not trademark law. Wayne (talk) 01:47, 24 March 2013 (UTC)
- Counterfeiting has been described as a trademark dispute on several reliable source websites, linked above. Including a single, highly notable counterfeiting case as an example is appropriate. And it's important to note that while one judge in one country (the Netherlands) excluded the generic defense from one counterfeiting case, trademark laws differ from country to country. Criminals manufacturing or selling counterfeit UGGs in any one of over 130 other countries that are not the Netherlands are still free to argue the genericity defense, and judges in those countries may rule in their favor. For all these reasons, the title does not have to be changed to include one sample counterfeiting case. Phoenix and Winslow (talk) 00:39, 24 March 2013 (UTC)
- I did consider a hatnote but the related articles (Ugg boots, UGG Australia and Deckers Outdoor Corporation) all have "main article" redirects to this article in their Trademark dispute sections. Ugg boots doesn't have a counterfeits section while both the other articles do. In both, the counterfeit section is a separate section from the Trademark dispute section so readers have no confusion over what this article covers. Wayne (talk) 16:42, 22 March 2013 (UTC)
- I dunno. According to Misplaced Pages, "Counterfeit products have a fake company logos and brands. In the case of goods, it results in patent infringement or trademark infringement." However, although counterfeiting may include trademark infringement, it doesn't include any dispute, and it doesn't seem to be related to the trademark dispute. Thus, although I can see shades of gray in this issue, I think you're basically correct. I think the article title should be changed first, if discussion of counterfeiting is going to be added. Readers will expect to find a specific controversy here. I'll summarize my arguments above. NinjaRobotPirate (talk) 12:50, 22 March 2013 (UTC)
- So, this article is ostensibly about whether "ugg boots" is a generic term? Amid that controversy, there have been court cases against alleged counterfeiters. The alleged counterfeiters have argued that they're simply using the generic term. The proposed expansion of scope for this article includes efforts by the American company to fight against counterfeiting, separate from the trademark dispute? NinjaRobotPirate (talk) 16:07, 21 March 2013 (UTC)
- I was asked to comment. I was, more specifically asked by Phoenix and Winslow to vote of a specific question. When asking opinion on a specific ongoing content question, it is much better if you just alert people to the problem, rather than frame it for them. Let them make their own analysis based on what they see for themselves. What should be asked for, is any contribution they can make to the discussion, or even their personal opinion, but not a vote--one way or another.
- When I am asked, my own preference is to look at the general matter at issue; a specific question is often too specific, and this is an example of it. My general comments are:
- The article is a little too narrow. People tend to interpret "trademark" a little more broadly than the actual definition, and a section on trade dress & counterfeiting etc. would help the article, if only by clarifying the distinction
- The article does rely too heavily on primary sources, some of them about trademark law in general, and not this dispute in particular. and to the extent it does, is an example of the sort of OR we call Synthesis.
- The caption on the lede picture is biased. I note it happens to show the precise trademark, not the general term.
- This is not conceivably a good article. The main reason is that it not does not give a current view of the subject. The latest information given is that there was a settlement on undisclosed terms in 2011. This is now 2013. What is in fact the actual situation currently: who is using what name for the product where? That is really the necessary conclusion and summary of the matter. DGG ( talk ) 17:14, 30 March 2013 (UTC)
- I agree that this is not a good article because of its being incomplete, but I also think it fails on NPOV tone. It is too supportive of Deckers because of word choices such as "Deckers enjoyed UGG boots sales..." There is also the problem of disputed neutrality, and the wholly redundant "See also" section. Binksternet (talk) 17:45, 30 March 2013 (UTC)
- I have also been asked to comment on this issue - in fact asked by Phoenix and Winslow to vote on the specific question. I second DGG's comment that I would prefer to be asked to comment on the issue rather than !vote on a narrow question. I think it is a mistake to express this in terms of a technical question of legality (i.e. is counterfeiting a type of trademark dispute). The question is whether counterfeiting (which I take to mean deliberate and flagrant production of UGG boots that pretend to be the Deckers version) is relevant to an article about whether the name "UGG" can be trademarked. Based on my reading of the article my answer would be no. AndrewRT(Talk) 20:48, 30 March 2013 (UTC)