Author Topic: I didn't realise Dave reviewed dodgy electric toothbrushes from China?  (Read 4109 times)

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Offline Brumby

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #25 on: April 12, 2018, 04:02:31 pm »
Just for the record.  The campaign is still there and Dave's graphic is still there.
 

Offline bitwelder

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #26 on: April 12, 2018, 05:11:39 pm »
It's a very similar mix to the Chronos camera:

https://www.kickstarter.com/projects/1714585446/chronos-14-high-
There must be some of those shady marketing companies that are offering to prepare the IGG campaign, that has those logos in their 'artwork folder' (without knowledge of their legitimate owners).
 
 

Offline EEVblog

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #27 on: April 13, 2018, 08:13:04 am »
Still not removed after both a DMCA request following their instructions, and also a report.

I have just raised a DMCA request with GoDaddy who host the Indiegogo web server.
« Last Edit: April 13, 2018, 08:25:49 am by EEVblog »
 

Offline ChunkyPastaSauce

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #28 on: April 13, 2018, 09:02:23 am »
Kinda doubt Ben Krasnows Applied Science and dppreview.com would also be featuring a toothbrush...maybe consider sending a notice to the others likely being ripped/damaged?
 

Offline chickenHeadKnob

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #29 on: April 13, 2018, 09:17:23 am »
Still not removed after both a DMCA request following their instructions, and also a report.

I have just raised a DMCA request with GoDaddy who host the Indiegogo web server.

I am not a lawyer but it would seem that a larger entity would have registered the EEVBLOG name and logo as an official trademark by now. I understand copywrite is cheaper and easier to enforce. Trademarks are one of those things you need to actively enforce before it slips out of your control, so if you are lax now you may regret it later.
 

Offline Elasia

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #30 on: April 13, 2018, 10:37:38 am »
Thanks to the existence of this thread, they may be able to safely claim the product has indeed been featured on this site..
But seriously, who are they kidding with that collection of 'featured in' logos? Hydraulic Press Channel? They wouldn't review it, just crush it to a pancake! Petapixel and dpreview? Perhaps it takes photos of the inside of your mouth as well... :-DD
...which makes me think HPC has crushed one already (didn't check), and maybe the other sites are forums that also have someone started a thread on it? "Featured in" is a pretty vague phrase after all, and just by virtue of having appeared in discussion on the site, is sort of a self-fulfilling prophecy...

That said, I can't believe how anyone with even the slightest bit of common sense could think something like this would even work. Biting a piece of silicone attached to a vibrator is not going to clean your teeth much if at all; and there's a reason why people use floss and toothbrushes with fine bristles.

Not to mention those pictures of an adult holding a giant dummy in his or her mouth like an idiotic gigantic baby looks, well, idiotic.

Ive seen most of his crushing and other videos so dont think he has or at least i dont recall it at all
 

Offline drussell

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #31 on: April 13, 2018, 11:28:13 am »
DMCA time?

This would be a trademark dispute. Copyright does not apply and a DMCA takedown notice is not the appropriate response, and should not be acted upon since this is not on copyright infringement grounds.

You need to inform IGG that the campaign us using your trademark without your authorization (even if you have not officially registered EEVBlog as a registered mark, it is still your trademark if you use and defend it).  It's not copyright, infringement, though!!
 

Offline drussell

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #32 on: April 13, 2018, 11:33:59 am »
Still not removed after both a DMCA request following their instructions, and also a report.

I have just raised a DMCA request with GoDaddy who host the Indiegogo web server.

Again, it is not a copyright issue, though IGG should act upon the illegitimate use of your trademark. 

Don't bark up the wrong tree with DMCA takedown requests, you're using the DMCA takedown procedure improperly and are theoretically opening yourself to repercussions for filing an improper takedown claim.  (Though, I suspect since said use of your trademark is inappropriate, you would likely never actually be nailed back like someone could for filing a bogus takedown against some legitimate use of a copyrighted work of some kind or a notice against something that is actually in the public domain, etc.)
 

Offline EEVblog

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #33 on: April 13, 2018, 11:37:23 am »
DMCA time?
This would be a trademark dispute. Copyright does not apply and a DMCA takedown notice is not the appropriate response, and should not be acted upon since this is not on copyright infringement grounds.

Why is it not Copyright?
They have used my image without permission. I created that image, I own the copyright on it.
The fact that they combined it with other images to create one larger image does not make it less of a copyright infringement, surely. They did not alter it in any way, it's a direct copy of my copyrighted image.
« Last Edit: April 13, 2018, 11:45:53 am by EEVblog »
 

Offline EEVblog

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #34 on: April 13, 2018, 11:44:44 am »
I am not a lawyer but it would seem that a larger entity would have registered the EEVBLOG name

The EEVblog name is a Registered Trademark.
 

Offline drussell

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #35 on: April 13, 2018, 11:47:45 am »
Now that this thread exists, they are actually essentially now allowed to legitimately state that they are "mentioned on EEVblog", though using your actual logo might be a bit of a legal grey area leaning towards "extremely wrong" and true, you can probably try to bust them on that, just like you could if they tried to use a photograph you took of a beautiful coastline at sunset.... 

They now HAVE been mentioned on EEVBlog, and if someone is dumb enough to not look at what people are saying about a product, there is really no reason that someone can't say "mentioned in x y and z publications" even if all of those mentions say "this is a scam, do not buy!!"

HOWEVER, the best smasho-blamo is likely on trademark grounds rather than trying to say they stole your copyrighted image.  You want to argue that they are inferring an endorsement by your organization without authorization and demand that they cease and desist using your mark in any way, shape, or form and refrain from using your name in any way otherwise you will pursue further legal action and seek remedy in the form of damages for their misuse of your mark.
 

Offline EEVblog

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #36 on: April 13, 2018, 11:55:42 am »
Now that this thread exists, they are actually essentially now allowed to legitimately state that they are "mentioned on EEVblog"

I have now moved this thread to the supporters section so it's no longer public or searchable.

Quote
HOWEVER, the best smasho-blamo is likely on trademark grounds rather than trying to say they stole your copyrighted image.  You want to argue that they are inferring an endorsement by your organization without authorization and demand that they cease and desist using your mark in any way, shape, or form and refrain from using your name in any way otherwise you will pursue further legal action and seek remedy in the form of damages for their misuse of your mark.

I have mentioned both Copyright and Trademark claims.
 

Online Ampera

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #37 on: April 13, 2018, 12:28:03 pm »
I believe, even so, Dave might still be within DMCA limits as they are using his logo without permission.

I also do wish to mention, if I am able to post this, this is not private.
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Offline EEVblog

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #38 on: April 13, 2018, 01:21:29 pm »
I believe, even so, Dave might still be within DMCA limits as they are using his logo without permission.
I also do wish to mention, if I am able to post this, this is not private.

It is private, you must have supporter access to post in here.

Looks like they just copied the Feature In image from this campaign:
https://www.indiegogo.com/projects/mini-k-wireless-portable-karaoke-system#/
FFS  :palm:
 


Online Ampera

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #40 on: April 13, 2018, 02:06:02 pm »
I thought this was a paid section of the forum. Due to the fact I currently have 50 dollars to my name for myself, I unfortunately can't donate, so that's where my confusion stems from.
C/C++/Java Programmer, Legacy hardware enthusiast, perpetually off-her-rocker madman.
If it's broken, I probably did it.
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Offline Halcyon

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #41 on: April 13, 2018, 02:27:33 pm »
I thought this was a paid section of the forum. Due to the fact I currently have 50 dollars to my name for myself, I unfortunately can't donate, so that's where my confusion stems from.

It's for supporters who have made a financial contribution (and Dave has given them access) or for "Super Contributors" (those with over 1000 forum posts).
 

Offline EEVblog

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #42 on: April 13, 2018, 02:41:29 pm »
I thought this was a paid section of the forum. Due to the fact I currently have 50 dollars to my name for myself, I unfortunately can't donate, so that's where my confusion stems from.

Over 1000 posts automatically gets your profile upgraded to Supporter, and access here.
 


Offline boffin

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #44 on: April 13, 2018, 02:46:06 pm »
Dave, if you're going to tweet, list all the trademark holders (like dpreview, PetaPixel, etc)
 

Online Ampera

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #45 on: April 13, 2018, 02:57:05 pm »
Aye, thanks for that, I wasn't aware.
C/C++/Java Programmer, Legacy hardware enthusiast, perpetually off-her-rocker madman.
If it's broken, I probably did it.
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Offline boffin

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #46 on: April 24, 2018, 07:08:44 am »
What happened?  The logos are still up there..
 

Offline EEVblog

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Re: I didn't realise Dave reviewed dodgy electric toothbrushes from China?
« Reply #47 on: April 24, 2018, 09:41:42 am »
What happened?  The logos are still up there..

Yep, IGG did nothing.
 

Offline InductorbackEMF

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Erm guys i am not a supporter and i can see/post on this.  :P
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Offline Rerouter

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Inductor, That is because it has been moved back to EEVBlog Specific, rather than being in the supporters area, Probably because it seems to be ongoing and dave would like some eyes spotting the next scams using his trademark.
 


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