Friday, August 10, 2018

#cockygate is over, but there may be a new legal war on the horizon with Bonds

Let me tell you a little something about IP, trademarking and plagarism...

A few months ago I wrote about #cockygate, the trademark hooha over Faleena Hopkins trying to stop every other writer using the word cocky in their book series.

Thankfully, the law has prevailed and Faleena has given up. You can read my blog post here, and the results of the lawsuit here.

But now there may be another issue lurking on the horizon.

Bonds, the undies company, has made a new little film for their new undie range. Directed by actress, and fashion director, Gracie Otto, the ad agency Leo Burnett was responsible for the commercial.




The models are called Queens, their community, the Queendom, and Bonds has worked hard to make this work.

You can read more about it here.

However, blogger, and self-proclaimed author, Constance Hall, and her followers who call themselves Queens, have taken to Instagram criticising Bonds for their ad campaign and blatantly ripping off Constance's already ripped off boho look.

Here's BondsAus on Insta and some of the comments her followers left.






And her Insta



Of course, as usual, Constance makes the bullets then steps back to let her followers fire them, then comes along and claims she never meant for anyone to be hurt or didn't mean to cause any issues, trolling or bullying online.



Yeah, right...

One of the artists who worked on the campaign was lambasted by her followers...

SO.NOT.COOL!

Constance claims she's against bullying and being nonjudgmental, yet all she does is judge and lie about people. Stating that a store Santa was a paedophile without any evidence to back her up whatsoever was just one of the accusations and lies she has posted about on her social media. Once criticised, she will delete and block people or pull down the post because, quite frankly, she knows she was wrong. Why else would you delete your own post?

I've seen various claims that she's sold 125,000 to 150,000 copies of her first book that she sold through Facebook and her website, yet there seems to be no legal proof of this. Magazines and websites claim she was the best-selling author of 2017, again, no legal proof to back that up. She's also being sued by several people for money they are owed and she is blowing through the money she made from her so-called book. I just hope the tax department scrutinise her taxes with a fine tooth comb.

Talking of legalities, it would seem Constance's followers have no real comprehension of legalities, such as IP, copyright etc.

As a disclaimer, I am not a lawyer, I just know a fair bit.

You can legally trade mark a name, word or phrase, a logo, a design whether jewellery, fashion, electrical item etc. You can even trade mark materials if they are specially designed and one off.

You cannot copyright or trade mark a general fashion look, such as boho, flower crowns (unless made a particular way with particular items then it would come under design), fringing, unwashed unkempt hair, looking like a bogan, etc.

Bonds was accused of plagiarism. This is not possible since Constance did not come up with the idea or fashion look herself. She did not create the boho, unkempt look she exudes on a daily basis. She did not invent or design it, hence, Bonds did not plagiarise it.

They also cannot be accused of IP theft since she did not copyright or trade mark the boho look. The boho, unwashed hair, unkempt style has been around for decades, if not centuries.

Constance has not trade marked any of what Bonds used in their ad, she has not trade marked 'queendom', nor the word queen on its own.

By the way, gay men from the 70s and 80s called, they want their moniker back.

Let me tell you what she has trade marked. The phrases - 

Like A Queen in classes - 

Class 16: Books; Printed matter; Printed material

Class 25: Apparel (clothing, footwear, headgear); Clothing; Footwear

Class 41: Weblog (blog) services (online publication of journals or diaries); Entertainment; Cultural activities; Cultural information; Education information; Education services; Publishing of printed matter; Book publishing; Publication of electronic books and journals online; Entertainment information; Sporting activities; Sporting information

Class 9: Animated films; Cinematographic film (exposed); Films bearing video recordings; Films being magnetically recorded for use with video; Films being optically recorded data for use with video; Films for the projection of images; Films on video tape; Films prepared for exhibitions; Films, exposed; Recorded film; Television films; Video films; Discs bearing video recordings; Interactive video apparatus; Pre-recorded videos; Records bearing video recordings; Sound records in the form of pre-recorded video tapes; Video apparatus; Video cassettes; Video compact discs; Video game programs (software); Video recordings; Videos; Audio recordings; Computer programmes (programs), recorded; Data recorded electronically; Disc records; Music recordings; Pre-recorded discs; Programs (recorded); Recorded data files; Records (sound recordings); Sound recordings; Digital music (downloadable) from the Internet; Computer apparatus; Computer data in recorded form; Computer databases; Computer game programs; Computer game software; Computer modules; Computer programs (downloadable software); Computer software; Interactive computer software

God knows why she needed all of the above but 9 is an inappropriate class for what she wants.


Queens Of Constance in classes - 

Class 38: Provision of hyperlinks on a website; Provision of hyperlinks to other websites; Electronic transmission (uploading, posting or displaying) of data, information, pictures, images, audio and/or video via online forums

Class 41: Weblog (blog) services (online publication of journals or diaries); Entertainment; Cultural activities; Cultural information; Education information; Education services; Entertainment information; Sporting information; Sporting activities; Electronic publication of information on a wide range of topics, including online and over a global computer network; Providing information, including online, about education, training, entertainment, sporting and cultural activities; Publication of electronic books and journals online; Book publishing; Publishing of printed matter

Why she would need to trade mark a phrase for the provision of hyperlinks I have no idea why. Same with sporting activities. Personally I think whoever filed the trade marks was batshit crazy.


Queen the Label in classes -

Class 9: Optical apparatus, instruments and devices, including eyewear, spectacles, sunglasses, eyeglasses, glasses cases, chains for glasses, cords for glasses , frames for glasses, lens for glasses, skiing glasses, sports glasses, sun visors, goggles, eyeshades, fashion accessories for eyewear in this class, including parts and accessories for the foregoing goods

Class 14: Badges, brooches, bracelets, jewellery chains, watch chains and bands, watches, clocks, earrings, key rings, cuff links, jewellery pins, rings, straps for wrist watches, watch bands, fashion accessories in this class

Class 18: Bags, belts, straps, handbags, beach bags, garment bags, travel bags, key cases, shoulder belts, wallets, purses, backpacks, chain mesh purses, suitcases, umbrellas, fashion accessories in this class

Class 25: Clothing, footwear and headgear, women's, men's and children's outer clothing and underwear, sports clothes, casual clothes, resort wear, belts, rainwear, shoes, boots, socks, hats, scarves, gloves, coats, jeans, shirts, skirts, dresses, headbands, sweaters, T-shirts, singlets, leather clothing; clothing accessories in this class being scarves, belts, headwear, footwear and gloves

Class 35: Retailing, wholesaling and distribution of optical apparatus, instruments and devices, including eyewear, spectacles, sunglasses, eyeglasses, glasses cases, chains for glasses, cords for glasses, frames for glasses, lens for glasses, skiing glasses, sports glasses, sun visors, goggles, eyeshades, fashion accessories for eyewear in this class, including parts and accessories for the foregoing goods, precious metals and their alloys and goods in precious metals or jewellery coated therewith, horological and chronological instruments, badges, brooches, bracelets, buckets, chain mesh purses, jewellery chains, watch chains and bands, watches, clocks, earrings, key rings, cuff links, jewellery pins, powder compacts, rings, straps for wrist watches, watch bands, fashion accessories in this class, leather and imitations of leather, goods made from these materials, bags, belts, straps, handbags, beach bags, garment bags, travel bags, key cases, shoulder belts, wallets, purses, backpacks, suitcases, umbrellas, fashion accessories in this class, clothing, footwear and headgear, women's, men's and children's outer clothing and underwear, sports clothes, casual clothes, resort wear, belts, rainwear, shoes, boots, socks, hats, scarves, gloves, coats, jeans, shirts, skirts, dresses, headbands, sweaters, T-shirts, singlets, leather clothing, clothing accessories 


MumTums is still in the process - 

Class 25: Apparel (clothing, footwear, headgear); Clothing; Maternity clothing; Footwear; Maternity wear



Some of those classes actually seem wrong for what she'd want them for, but then, she doesn't seem to understand legal matters because she doesn't understand why she's being sued. Her sheer arrogance alone made her basically dictate to Bonds that they should donate to the charity she supports, instead of letting them do what they want.

Her arrogance came through true and clear in her Insta post - I highlight the parts in red.

Dear @bondsaus. You completely forgot to ask me to model in your new Queendom campaign?? So fucking weird man, I even checked my junk emails. I’m getting slammed with messages from Queens wanting to know why the hell my vibe is all over bonds but I’m not.... I’ve forgiven you. I don’t hold grudges and I’m too old to waste time with feelings of rejection. I suppose I’m never actually going to be an underwear model.. However my brand Queen The Label supports the real Queens of this world, sexually abused young kids in Kenya through the worlds most kick arse charity called @rafikicastle How about your Queendom campaign does the same??? #bondsforrafiki  And I’ll even throw in some free modelling for you???? #bondsforrafiki  Message them Queens!! Let’s see if we can get them on board!!


Yep, the arrogance... 

Let's break her comment down.

She said she'd forgiven them...

WTF?

What for? Bonds didn't do anything except use a concept that has been around for decades long before you were even born.

She doesn't hold grudges and is too old to waste time with feelings of rejection...

You actually made a social media following out of it. I feel sorry for her husband, the first one, the one she's probably still legally married to unless she's actually gotten a divorce because all she ever did was complain about him to garner attention and followers. I wonder if he got half her money since he'd be legally entitled to it?

She had to get a mention of her clothing label in by saying "my brand Queen The Label supports the real Queens of this world," which is such a sarcastic dig at Bonds because apparently only she and her followers can do it and no one else. Her label supports the real queens? You mean the gay men of the world or Queen Lizzie and her European and Asian counterparts?

my brand Queen The Label supports the real Queens of this world, sexually abused young kids in Kenya through the worlds most kick arse charity called @rafikicastle 

They're supporting a cause which, just like her "look", was never hers to begin with. She just latched onto it because of someone blogging about it, but she clearly thinks she's the one who came up with it.

THEN she had to gall to tell Bonds they should donate to her charity because, you know, she's a queen and has the right to tell them what to do?

How about your Queendom campaign does the same??? #bondsforrafiki  And I’ll even throw in some free modelling for you???? 

Argh, no thanks. Ironically, she claims she'll never be an underwear model, yet I'd say a good half of the world has seen her in her underwear via her social media, cause, you know, she loves to post stuff like that.

Seriously! What has the world come to to allow such arrogant narcissism to reign with such free abandon?

Bonds, I hope you see this post and stand your ground. Do not give in to her on any level. You did not steal in any way, shape or form from her and I will watch with amusement and a bucket of popcorn if you get taken to court. Which I doubt, cause, you know, she has no idea about legalities and such and wouldn't have a leg to stand on anyway.



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