I have created
Flag #1627 on
#2790027 “Curiosity123”, with this post as the reference. Please support the flag.
There is a big difference between copyright and trademark. Please don’t confuse the two concepts. This is an excellent catch by
morvillz7z for what by definition is the very essence of trademark infringement. On the face thereof, Curiosity123’s advertising fraudulently misleads consumers and damages the mark of
sportsbet.io.
The flag is important: This type of rip-off advertising is most likely to mislead newbies and casual users, exactly the types of people who are protected from
a high risk of losing money by the Type-1 flag warning banner. I will also red-tag the account.
If evidence is presented linking this to
#1297942 “YohannHermann”, then that account (and any other alts) need flags, too.
Please look up “confusion”, “dilution”, etc. in a legal dictionary. It is a textbook case, since
sportsbet.io has made it clear that the usage is unauthorized by them. (Full quote below for evidence.)
Though it
may be arguably true that copyright is technically being infringed, the big issue hereby is misleading consumers with a familiar logo which, in turn, is thus damaged. In the overall context, I do not even think that copyright is worth discussing.
(I now have my quasi-legalistic hat on; my principled opposition to copyright is irrelevant to the opinion that I just expressed.)Is this unauthorized use of trademark to promote and sell a service deserving a negative tag or you would rather ask him to take down the promo banner?
If such a thing were practical here, then this would be one of the
good uses for an “intellectual property” lawyer. It is definitely worth a red-tag, and also a Type-1 flag! It is a deliberate attempt fraudulently to mislead consumers, in a way that damages the brand of sportsbet.io by stealing their reputation.
Anybody who rips off a logo in fraudulent advertising
ipso facto presents a
high risk of losing money.Excellent hypothetical illustration of the issue here. The resulting trademark infringement lawsuit would be epic—and it would probably conclude in summary judgment for the plaintiff, since there is no way that the facts could be disputed without perjury, or frivolous litigation, or both. Open and shut.
This would also be cause for a Type-1 flag on Toyota’s forum account; the flag could be withdrawn only if Toyota were to produce adequate evidence (such as a PGP-signed contract) showing that Mercedes-Benz had authorized this use of their mark.
Full quote for evidence that sportsbet.io has explicitly disclaimed authorization of this use of their logo (also look & feel, etc.):
Hi guys,
This is a clear rip off of us, Sportsbet.io
We have no idea who these people are, or why they are so in love with us. Ill be sure to pass the flattering feedback back to our designers.
Please be very careful when entering this site... this is no doubt amateurs being lazy and just looking to rip you off.
any questions or queries, message me personally and ill respond to everyone.
regards,
Steve,
sportsbet.io
e-sportsbet.io
