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LAWSUITS for Selling this NEW Print on Demand Product? 

Joe Robert
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DISCLAIMER: Everything you see on my channel is intended to help you with your print on demand store. I do not claim to be a lawyer, a legal expert or anyone that you should be taking advice from. Basically I have tried to share my experience here in my videos. If you start a print on demand store, you should not expect to be able to achieve the results that I have shown on my channel, this is a real business that will take work and cannot be treated as an easy way to make money online. There is risk involved, and you should do your own research before starting any business to ensure you follow all of the local laws and regulations from where you live.

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3 окт 2024

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Комментарии : 76   
@brianblather
@brianblather Месяц назад
In cases like this, it's essential to remember that brands are attempting to defend their brand against infringement and dilution/confusion. Their patent is for certain things, and while knock-offs happen, if you get too close to the patent/design, this kind of brand defense comes up.
@BertBrussen
@BertBrussen Месяц назад
You can patent a shoe, like a design with 13 holes, but you cant patent 'shoes' or 'shoes with 14 holes'. But the problem with things like this is that it only take an intimidating email to scare Etsy, while they would never win this in a courtroom.
@RealJoeRobert
@RealJoeRobert Месяц назад
That’s what I’m thinking too thanks for watching!
@BertBrussen
@BertBrussen Месяц назад
You can obviously patent shoes with 14 holes but if your design is 13 holes then you cant claim any right on shoes with another number of holes.
@RealJoeRobert
@RealJoeRobert Месяц назад
I’m following you 😊
@pat4005
@pat4005 Месяц назад
I don't agree. That's because IF it looks enough like the Crocs Brand, that people could CONFUSE them with Crocs, then I think that the Crocs Brand can go after rip-offs of their IP in court. All Trademarked IP has to actively protect their Trademark, or they will loose it.
@BertBrussen
@BertBrussen Месяц назад
@@pat4005 true. But this doesn't work if your patent is '13 holes' and the look-a-like is 14 holes. The 13 holes is what the brand actually defines, not the shape and size. This is the reason Printify can sell shoes like this. The point is dat shapes of shoes are in the eye of the beholder, where 'shoe with 13 holes' or a brandname like 'Crocs' is specific.
@GTAGFEBAY
@GTAGFEBAY 22 дня назад
I miss the days wollies / Woolworths (shopping center in AU ) used to sell their unbranded ones for $5 a pair , now they can only sell the Crocs for $60 a pair
@pamwaldron3504
@pamwaldron3504 Месяц назад
Clogs are a type of shoe. There are many styles of clogs made in many different materials and colors, including woven leather and solid uppers. Crocks can't claim the word "Clogs" as it is in the public domain. They are over reaching. That's like trying to claim the word jeans or plate or wheel.
@RealJoeRobert
@RealJoeRobert Месяц назад
Agreed, I think 😃
@catherinew5208
@catherinew5208 Месяц назад
Crocs owns the patent for shoe they actually own over 2k patents.
@Kickhouse777
@Kickhouse777 Месяц назад
Wow how do you know this?
@derekellisCAN
@derekellisCAN Месяц назад
@@Kickhouse777 It's called the Patent office dumb dumb. Look it up.
@BertBrussen
@BertBrussen Месяц назад
Best practice in cases like this: legal claims are by definition always in such a way that it's as intimidating as possible. So an email like this might scare the hell out of you but that is what they want. It does not mean they are in their right and chances are if you ignore it they will back off. So, if you know with certainty you did nothing wrong, just ignore the scare tactics, because they cant do anything about it. Of course its always good to ask a layer or legal expert.
@RealJoeRobert
@RealJoeRobert Месяц назад
Agree
@research-marketing-lw6yu
@research-marketing-lw6yu Месяц назад
I am now glad that I was so busy making other things to sell that I didn't make and list these...
@RealJoeRobert
@RealJoeRobert Месяц назад
You and me both!
@infiniteblessings6793
@infiniteblessings6793 Месяц назад
What have you sold that has been more popular for you? If you don't mind me asking 😎
@research-marketing-lw6yu
@research-marketing-lw6yu Месяц назад
@@infiniteblessings6793 I really want to get clothing cranking but the things I sell most was the Kamala yard signs. That has died tho so I need something new. There's another thing that is popping for me but I am going to not disclose that :)
@janbounds911
@janbounds911 Месяц назад
You can buy some kind of knock-off clogs like these in nearly every garden center in the country. Usually plastic. Talk to Printify abt changing to several slots instead of holes. They're clogs and Printify can get it done.😊
@HappyTailsSupport
@HappyTailsSupport Месяц назад
I created a shirt design that was a parody of the RIAA PAL mark (music industry explicit lyric label) and within 24 hours of posting it on Amazon got a cease and desist letter from their attorneys. Although I was pretty stoked that it got enough views in 24 hours for RIAA to notice it, it scared the hell out of me and I hadn't even made a sale. So I took it down. I did not know about fair use parody with copyrights back then and probably could have fought it, but it was pretty intimidating and not worth the time or money. Corporations take advantage of their size and power when it comes to what "they own" and although patents are one thing - the intellectual, copyright and trademark side gets a little outrageous and unfair. (Think about the Warner/Chappelle bogus copyright for the Happy Birthday song)
@SaraBond-f6s
@SaraBond-f6s Месяц назад
Thanks for this Joe!! I've been waiting for this video to see what you had to say. I ordered a sample of the shoes and you're right. The printing on them is great.
@RealJoeRobert
@RealJoeRobert Месяц назад
Super nice!
@breath888
@breath888 Месяц назад
Hey Joe (I see now I can't type that without thinking of the Jimi Hendrix song 😆) I know this happens on Etsy. But I'm wondering if they'd even be on Crocs' radar if it were sold on a little Shopify store.
@RealJoeRobert
@RealJoeRobert Месяц назад
Ha! Not sure though
@antonvalentinov4753
@antonvalentinov4753 Месяц назад
If you try to sell shoes that look like Air Jordan 1 or Air Force 1, you can get into big trouble with Nike. This case seems similar.
@rashipp4982
@rashipp4982 Месяц назад
Yet, Nike is all over Etsy an nobody is being pulled. SMH
@RealJoeRobert
@RealJoeRobert Месяц назад
@rashipp4982 crazy right
@rashipp4982
@rashipp4982 Месяц назад
@@RealJoeRobert Unreal how many infringements people get away with.
@babs926
@babs926 Месяц назад
How come here in Europe these are sold by Aldi, Lidl, Tesco, Dunbes, and umpteen other stores? Etsy is just a total waste of time 🤦‍♀️
@RealJoeRobert
@RealJoeRobert Месяц назад
Not sure!
@DelroyMorgan-cn4hb
@DelroyMorgan-cn4hb Месяц назад
This was clear and to the point. Should I order samples to test the quality of product before selling them?
@RealJoeRobert
@RealJoeRobert Месяц назад
I always say ordering samples is never a bad thing
@duyenhoang10402
@duyenhoang10402 Месяц назад
I also want to sell this product, but want to find suppliers from Asia, can you recommend me some suppliers?
@la_la_land_twig
@la_la_land_twig Месяц назад
@@RealJoeRobert I'm also interested in this product, there are some big companies in Asia, what do you think about Merchize or Printify?
@iamjustjoshin
@iamjustjoshin Месяц назад
Hey Joe it’s Folks here? did nobody else catch that..
@RealJoeRobert
@RealJoeRobert Месяц назад
You got me 😊
@LovePerthMusic
@LovePerthMusic Месяц назад
It’s the best beginning he’s been doing for years! When he changed it up I really missed it. Glad he’s back to it 😂
@iamjustjoshin
@iamjustjoshin Месяц назад
@@RealJoeRobert man! I wonder how long you have been doing that and I never noticed lol. Good stuff. ANYWAYS I JUST WANNA SAY THANK YOU JOE FOR ALL YOU DO!! I am officially launching my store today or tomorrow with my life long friends. You have been a huge inspiration to me and a huge help. I hope i can bless you in return one day Joe!
@stochasticagency
@stochasticagency Месяц назад
@@iamjustjoshin One of the slyest ways in which Joe gets engagement on his videos.
@flippingforreal109
@flippingforreal109 Месяц назад
This were always called Clogs the only thing is Crocs just came and name it as their own and they shouldn't have had the right to do so. I would find crocs patent and come up with a design that's different and better and name it something else.
@RealJoeRobert
@RealJoeRobert Месяц назад
Thanks for watching!
@leonidas540bc
@leonidas540bc 14 дней назад
They've now been removed form Printify.
@yomo7539
@yomo7539 29 дней назад
Too many crocks/clogs words in this video 😅 I'm crocfused/clogfused now 😂
@villagegirl3627
@villagegirl3627 Месяц назад
Did they sue Walmart?
@RealJoeRobert
@RealJoeRobert Месяц назад
Idk! 😂
@BeInspiredByPrettyThings
@BeInspiredByPrettyThings Месяц назад
following!
@bsilkworth
@bsilkworth Месяц назад
Again, you failed to mention that these shoes are only available to be printed in China with Printify. Almost ALL the shoes in there are only available in China.
@RealJoeRobert
@RealJoeRobert Месяц назад
Why are you making this comment in a way where you’re acting like I’m with holding that info? This is fairly common for lots of products. Not a big deal when you’re dealing with pod companies, this is not Ali express drop shipping for example
@autohog
@autohog Месяц назад
@@RealJoeRobertIt wasn’t an attack on you. The point is that China is not legally bound by US patents, they could care less about selling a reseller an exact copy. The US reseller is the one who would face a lawsuit.
@ivannightly1919
@ivannightly1919 Месяц назад
you really need to be careful of copy write
@RealJoeRobert
@RealJoeRobert Месяц назад
Agree, but this isn’t a copyright issue it’s a patent/trademark issue
@beeson5450
@beeson5450 Месяц назад
Joe, how long did it take to get the Clogs?
@RealJoeRobert
@RealJoeRobert Месяц назад
I don’t know, I did not place the order Printify sent these to me
@susanravella6261
@susanravella6261 Месяц назад
What everyone needs to take away from this is the tragic truth that there is a very strong, unholy "relationship" between seemingly separate corporate entities, and a well-defined hierarchy among them. Because Etsy is a much less powerful participant, it will bow to the will of Crocs, Disney, etc. Upon establishing our own relationship as sellers, we agreed that Etsy was not legally liable in any way for our mistakes or misdeeds. So, legally, they do not need to take any action against us. Yet they do, don't they? Please watch the patterns as they appear. Corporations not only do not pay taxes in this country, they are permitted to "make policy" outside the normal scope of law. And that is why you will notice increasing cases of "over-reach," and exaggerated punitive damages against small businesses, such as ours. Be careful out there, everyone, for these are truly reptile-infested waters. "Crocs" included, lol!😅
@B4-1light
@B4-1light Месяц назад
✨😎🙌
@iAbhishek_official
@iAbhishek_official Месяц назад
💯
@user-kj4mo2ii9k
@user-kj4mo2ii9k Месяц назад
I was killing it with a bunch of random designs on these shoes. My best sellers had a waffle cone and ice cream design. No mention of Crocs, but Etsy completely shut me down. That was about 3 years ago. Several suppliers have come out with different foam shoes that no longer look like the standard clogs.
@RealJoeRobert
@RealJoeRobert Месяц назад
Sorry about your shop. Thanks for watching my video!
@Farmersandranchersanonymous
@Farmersandranchersanonymous Месяц назад
How about the sweatshirt, who provides that?
@RealJoeRobert
@RealJoeRobert Месяц назад
What sweatshirt?
@Iamrahcole
@Iamrahcole Месяц назад
I think he meant who provides the hoodie you used as an example for sport parents.
@RealJoeRobert
@RealJoeRobert Месяц назад
That was just someone’s print on demand store, a design like that could be done with any AOP hoodie which is carried by most suppliers
@marcuslinton310
@marcuslinton310 Месяц назад
Any male wearing these types of shoes should have their male card revoked, please finish your transition to the female side, thank you!
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