Well, that's a Rolex off my list...

Rolex Tells Tiny Children's Wall Clock Maker Oyster&Pop To Change Its Name

Oyster&Pop was set up during the pandemic by Devon-based sisters Emma Ross-McNairn and Sarah Davies to make educational wall clocks.

www.watchpro.com

I have been a watch collector now for around 2 years, it is very much a passion. I work hard and the a target for me (which I have always done, not sure if it's just me) was to buy my very first Rolex by the age of 35. I am now 31 and had started saving rapidly towards the £6-8000 I need for a standard SS day-date or an Air-king. However, in recent years and months, I have read and heard horrendous stories around the dealers practices, wait time and lack of customer service, which I can sort of ignore, because, well, it's a ROLEX! However I read this story a couple of days ago and it made my blood boil! I have never been so angry at a company or brand for picking on the little guy, and it breaks my heart but I have vouched never to buy a new Rolex ever (or until things dramatically change at Rolex).

 Time to start looking at omega and cartier I think for my first luxury watch, but has this happened to anybody before and if so, what's your story?

BD

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I think this story has been a bit misunderstood and misrepresented. The word Oyster in relation to watches (movements, cases, dials and other parts of watches) is a trademarked by Rolex. It was first registered as a trademark in 1928 and has been renewed ever since. You can even look up those trademark details yourself.

This is not really the big corporation of Rolex picking on the small family startup. These are just the legalities. If there is a trademark, you can not use that for any other business. Rolex wants to keep that trademark and be able to renew it, so it also has to enforce the trademark.

Unfortunate for the small business, as the Oyster name had a different meaning for them, but a trademark is a trademark.

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There are many many better alternatives  to Rolex out there. The more I learn the more I know this.

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I saw this. I was even sent a petition from change.org to complete in defense of the two lovely Mums that set this up (all credit to them). However, I decided that sadly this was futile, because there were marques like RolCo and "The Oyster Watch Comapny" set up by Wilsdorf in the 1920s and I imagine Rolex has pretected all these marques.

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Gives new meaning to ”pick on someone your own size”.

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Rolex lawyers just doing what they are paid to do… and you can just avoid the name Oyster, Rolex have had that trademarked for a very long time. I want to sympathise, but due diligence would have been paramount. 

Unpopular post this one… sorry.

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You can’t use another company’s trademarks (no matter how cute and fun you make it).  A simple cease and desist letter should have been enough to resolve this.  It should not be news story.  

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I get how this can happen, certainl if it is their first business, but really Rolex isn't doing anything wrong here. Seems to me they just said "We own that name in relation to time keeping instruments, please change it." which seems fair enough given how it's printed on almost all of their watches. I'd image there is a solution the two ladies can live with.

In fact, I'm still surprised how Kingdom of Sweets is getting away with the use of the Rolex logo... maybe their lawyers are too soft 🫣

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This oyster name has caused a lot of debate ,but it's in black and white , would everybody complain if a start up car company used the name Porsche 

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There’s already a recent thread on this btw. 
 

And to raise the spirit: the trademark would have been just as enforceable if it was the other way around. 
 

There’s some brave examples on that. An individual here managed to enforce royalties from a large industrial bakery because he invented a finger facilitating opening in a biscuit so you could easily take one out of the traditional cilinder shaped container. Initially they stole his idea.

There’s also a small ‘snackbar’ as we have here that has managed to keep out ‘wendy’s’ as a chain out of the Netherlands.

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To be honest, I’m more concerned with people thinking Rolex are wrong, and then just talking about boycotting them for the oversight of others. The Oyster trademark, in watches, has been around for donkeys years. Rolex sold watches branded as Oyster as well. Politely speaking - get a grip.

If someone starts using one of your trademarks on a product that you also sell, in your market, you would do what, let them? 

If the UK allows the trademark then this goes to bed and Rolex will have had the right to challenge, and will respect the outcome no doubt.

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There are so many better brands in every category than Rolex. Don't waste your money there.

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There are lots of general brands on my blacklist. Like Samsung for example. But Rolex made that list purely on how their ADs threat customers. I'm a customer, not a beggar. Treat me like one!

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Well I started this, but as has been so we'll put by Porthole and a few others there is 2 sides to this and the law is the law,  if you make a car and call it porsche your in trouble,breed a new type of rose and call it porsche you might get away with it. Yes our hearts will side with the little guy(or in this case 2 ladies) but the head (corporate to the letter of the law copyright infringement etc) will side with the big company. It's not the first case of this type of thing(the courts are always busy with this type of case. And in the law there is no 'common sense' it's black n white,right n wrong and however distasteful its the law and somebody will uphold it. As I have found out by some research,do my original attitude has shifted somewhat, and of course all the lawyers get a fat fee that allows them to buy the super priced products that they 'protect'. 

They are all at it, all big companies employ people to look out for and protect 'the brand' . Unfortunate and distasteful as it seems to us little folk it's a fact of life, and occasionally it works the other way. Personally it's a bit of a tenuous link between a kiddies clock and a high end watch maker with both names on a dial but it's been trademarked so that's it.

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Stricko

Well I started this, but as has been so we'll put by Porthole and a few others there is 2 sides to this and the law is the law,  if you make a car and call it porsche your in trouble,breed a new type of rose and call it porsche you might get away with it. Yes our hearts will side with the little guy(or in this case 2 ladies) but the head (corporate to the letter of the law copyright infringement etc) will side with the big company. It's not the first case of this type of thing(the courts are always busy with this type of case. And in the law there is no 'common sense' it's black n white,right n wrong and however distasteful its the law and somebody will uphold it. As I have found out by some research,do my original attitude has shifted somewhat, and of course all the lawyers get a fat fee that allows them to buy the super priced products that they 'protect'. 

They are all at it, all big companies employ people to look out for and protect 'the brand' . Unfortunate and distasteful as it seems to us little folk it's a fact of life, and occasionally it works the other way. Personally it's a bit of a tenuous link between a kiddies clock and a high end watch maker with both names on a dial but it's been trademarked so that's it.

Keep a look out for my Tig Hour and Common Elm watches launching soon

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Hmmmmm 🤔

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SUSFU303

What probable cause have they shown?   What concrete harm have they shown?   Can they show they lost money because “Osyter&Pop“ is printed on a child’s clock and chore chart?  Can they show a consumer that mistakenly believed Oyster&Pop is related to Rolex?  If they can show that they can find a consumer that believes Nabisco Soup& Oyster crackers are related to Rolex.  And if they can, what harm has that caused their brand?  Or are they hanging their hat on theoretical legal arguments?  Because I‘d love to see evidence of concrete harm to Rolex’s interest. 
 

A few years ago Lewis Hamilton, the Formula 1 driver, lost a legal battle to force Hamilton Watch to stop using the name Hamilton.  I‘m a Lewis fan and thought it was an asinine thing for him to do. I’m enough of a Rolex fan to have my name on the list to purchase an Explorer, but I still think this is an asinine thing for Rolex to do. 

The startup business for educational clocks filed to trademark "Oyster and Pop". Filing to trademark something comes with a time to oppose, meaning anyone who thinks the trademark should not be approved for any reason can come forward. After which the court will look at the opposal and either approve the trademark or not.

Rolex thinks it infringes on their existing trademark and thus opposed within this period. It's up to the court to decide if they are correct or not.

Oyster trademark from Rolex: https://trademarks.justia.com/712/55/oyster-71255783.html
Oyster and Pop trademark: https://trademarks.justia.com/905/62/oyster-90562387.html

You might see this as bullying, you might see this as Rolex protecting their trademark, but before choosing sides it's important to understand the legalities.