Kinekt Design serves "cease and desist" letter on Shapeways

This is an open letter to Glen Liberman of Kinekt Design https://www.kinektdesign.com

Apparently I'm not allowed to call this ring

https://shpws.me/z4pX
a "Gear Ring" which was my original title (simply because it sort of looks like a gear) because Patent Troll Glen Liberman of Kinekt Design (let me guess, you were a lawyer before you became a "designer"?) served Shapeways with a "cease and desist" order since they have trademarked the name "Gear Ring" (as well as Gear Necklace, if anyone's interested). AND it was served just one day after I uploaded the design. If that doesn't indicate obvious patent trolling with NO human thought behind the ludicrous action now being taken I don't know what does. Glen claims that Shapeways (through my shop) is "trying to selling a counterfeit item and is in violation of Kinekt and Gear Ring registered domestic and global trademarks" because of their design below

Wow, yeah they look remarkably similar - to a blind person!

Glen, look for your name to be bandied about many different online forums from this point forward. I hope Kinekt Design likes the good will this sends to your company. Feel free to sue me for all my profits from this ring which wouldn't even buy you a lunch. That's if you can prove in court an infringement of the words GEAR and RING for a product that LOOKS NOTHING LIKE YOURS!

Taken from the Kinekt website (don't sue me for stealing, Glen): "By obtaining intellectual property in the form of copyrights, trademarks, and patents, Kinekt is able to stay true to their mission and present you with their best possible designs."

No, Glen, what that does is prove you are a petty-minded man.

I understand the need to copyright and trademark products and names but when a product that bears NO resemblance to yours (hell, it's a stretch to call it a gear) is being sold by a very small designer in a huge sea of designers with next to no profit, is attempted to be shut down, well that just smacks of corporate jack-assedness.

Judging from the number of actual design lookalikes on Pinterest - https://www.pinterest.com/explore/gear-ring/ - you must be a VERY busy man trying to get papers served on numerous designers around the world.

Hey, Microsoft, why don't you sue Kinekt for using that name and bringing your name to disrepute!

Merry Christmas, you little Grinch.

*** Races off to trademark "Asshat Ring" ***

Hahaha. I've renamed it "Gear a la Ring" simply so as not to cause Shapeways any more grief. The new name sounds quite lardy-da doesn't it? But don't copy it - I came up with that first!

I've got dibs on "_blank B0025 ARTG metal"

Thanks, I'm always looking for hot selling jewelry products! I'll put gear ring designs on my list of jewelry products to create. I'm 100% certain I can create gear ring designs that will cause his design to be long forgotten. I thought about going into this design area when I saw the number of views on one of his Youtube videos a few months ago, but seeing your post on this C&D just reminded me that I definitely need to get to work on this.

Well, in their defense, if you trademark a name, and people search for that name and stumble on someone else product with that name its still taking away business even if they dont look the same. You cant get away with saying Let's Get Ready to Rumbullllllll without being sued by that guy either. That phrase is trademarked too. And just because you do not look like that guy dose not give you the license to use it since its clear you are not trying to be him. Its still sort of infringing on the hype around the words.

Anyway, yes I do agree with you, they sound VERY litigious. Sending SW a letter smacks of trying to get some cash out of the deal. SW is a million dollar company and even though they like to talk as if they are just a little guy building a small factory and cant even afford a fuzzball table, they still look like a huge company flush with cash to a guy selling one product out of his home office.

They really need to worry more about people who are actually copied the ring like these fellas:

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<a href="http://www.youtube.com/watch?v=kD4aOHrdiwI" target="_blank">

As I see it, you are just providing free publicity for some unknown guy and his designs. From what I understand of the DMCA, anyone can request takedown on most any ridiculous claims - the intent being to keep the sales platform out of the fight. Besides the obvious design differences in the
rings in question, I doubt you can file a valid trademark on such a generic, descriptive name. Contest the takedown to get shapeways to reinstate
your model, and/or get a lawyer and sue that guy for damages.
EDITED TO ADD: On the other hand. if that business really "owns" that trademark, trademark law probably leaves them no choice but to "defend" it by attacking everybody else who tries to use it in a commercial context.

Yes, Shapeways has already looked into it and the trademark name does exist, as ridiculous as it sounds. I've already had a lawyer in Belgium tell me that this would not stand up to a test in court; the words are just too generic.

Hahaha, looking forward to seeing the designs.

Hmm. If you threaten to sue his trademark out of existance (and him for damages in the next move), maybe he is wise enough to grant you a royalty-free
license to continue marketing your own "gear ring" ? From what I have gleaned on the internet in the meantime, this is just an "entrepreneur" who had somebody else design that ring for him...

I like the thought, but quite honestly it's just as simple to change the name. The meager profits I get from this design wouldn't supply a lawyer in coffee for a week, let alone put down a retainer!

Enjoy the beauty of U.S. law system!

That it is all I can say! lol

Here gear rings on deviantart http://www.deviantart.com/browse/all/?qh=&section=&g lobal=1&q=gear+ring

Looks there are alot of them!

...there are lots of this "trademark" and copyright bullsh**

(old story)
Grandma watch out! :
http://en.dawanda.com/topic/18/3372698

...since then, I boycott this brand...




.

It appears I'm well-served by giving my products obscure scientific names that almost no-one understands. You heard it here first though, if anyone else names a pendant "Baculogypsina," I'll be going all litigious on their a$$!

You can`t they are public domain ... http://www.foraminifera.eu/baculogypsina.php you can copyright what it is in Public Domain.

Have fun!

So literally anyone on earth can do earrings and rings based on this http://www.foraminifera.eu/singlea.php?no=1005197&aktion =suche and name them the same.

Copyrightable artwork it must be original and represent some multiple ideas to be copyrightable.

...the daily madness: (just another example)

http://www.telegraph.co.uk/technology/apple/8858333/Apple-ta kes-on-German-cafe-over-logo.html

Sorry Numarul7, I guess I didn't express the sarcasm adequately. I have no intention of copyrighting a scientific name, or of suing anyone else who uses it. That said, certain names are too obscure to ever (probably) cause a conflict whereas others like "gear ring" are so basic and generic, it's hard to believe someone could even copyright something like that and then go after others who use it also.


Thanks for your support. I'll try not to let that ruin my Sunday.

That one under E.U. Law can win against Apple it is a totally different brand and logo.