7dayshop sold me counterfeit goods

jpb1974

In this case, 7dayshop makes no claim to be selling an OEM MS Arc mouse. It just says it's an OEM Arc (foldable) mouse. Therefore, what was advertised is what was delivered.

"Arc" as in Microsoft Arc™ Mouse is trademark registered. 7Day shouldn't be selling product that uses the naming convention "Arc" Mouse.

eightyfish

jpb1974 wrote: »

he hasn't wasted my time...

He hasn't wasted my time either, but he's possibly contributed to wasting my money. I want a Microsoft Arc mouse now.

Arciphel

eightyfish wrote: »

He hasn't wasted my time either, but he's possibly contributed to wasting my money. I want a Microsoft Arc mouse now.

Hey eighyfish, I have one I'm going to put on adverts, it's an OEM one - but that just means the side buttons are only painted on

jor el

jpb1974 wrote: »

Kop on to yourself there

Cop is spelled with a c, not a k. You should take your own advice there too.

jpb1974 wrote: »

the OP has a case...

What case is there, exactly? The item is being returned, at the retailers cost, and refund being issued. There is no case here. There is a problem, that has now been resolved. The OP bought a mouse that never made any claims to be an MS mouse, so he actually received exactly what he ordered.

Arciphel wrote: »

I don't see how it's a mistake on their part, it would be a mistake if they had sent me out the wrong one in error, no?

You're the one that called it a mistake, not me.

and they agreed with me that the problem was of their making as consumers could mistakenly assume the item was made by Microsoft.

They have acknowledged full responsibility for this, which actually makes this a case of a good consumer experience. 7dayshop do not deserve the "cheeky bugger" label you've assigned them, nor the accusation that they sell counterfeit products. The sell a lot of cheap non-branded products.

Arciphel wrote: »

I don't want to come across as being rude and unhelpful.

You passed that point some time back.

Cabaal

Arciphel wrote: »

I have an iPad to sell, it looks like an iPad and it's called an iPad, it's cheap because it's in an OEM box so there's no manual but the iPad is top notch. Oh sorry you must have assumed it was an APPLE iPad, it's a Medion iPad from Lidl, sorry, your mistake. :rolleyes: Dum De Dum!

If it had no apple logo, doesn't mention the apple app store etc and isn't called an Apple Ipad then I know not to buy it. Or if I do buy it I know its not a an Apple iPad

Oh and you can't get apple products like iMac's etc OEM.

Obvious really

Now if you wanted to buy one of those knock off iPhone clones and then bitch its not a iPhone then thats another matter altogether

the_syco

MS Arc mouse:


The on in the 7dayshop:


They are totally different. The one on the 7dayshop doesn't say anywhere on the ad that it's a MS mouse. The OP has no case.

Gillo

You're assuming it's the OEM version of the MS Arc mouse, surely it's the OEM version of it's own manufacturers arc mouse?
In fairness though while the site doesn't state anywhere that it is made by MS, I can see how one might assume this. Contact the side OP and explain your situation but for the love of god don't go accusing them of selling counterfit goods they haven't done this, you'll get their back up and they are less likely to be accomadating.

EDIT: Appoligies, browsing this in a phone, hadn't realised there were two most pages before replying!

jpb1974

What case is there, exactly?

1. Breach of trademark - The term 'Arc' is trademark registered and therefore should not be used when selling anything that is not a MS Arc Mouse.

2. Misleading advertising - the product effectively claims to be the same as the MS version in a round about way (the trademarked naming "Arc" being exclusive to Microsoft) but it is not.

jpb1974

There is a problem, that has now been resolved.

BTW:

There is a problem, which has now been resolved.

mickoneill30

jpb1974 wrote: »

1. Breach of trademark - The term 'Arc' is trademark registered and therefore should not be used when selling anything that is not a MS Arc Mouse.

I agree with your point. I don't understand the trademark stuff. Seems as daft as patenting something like a mouse click.

I'm looking to buy an Microsoft Arc(TM) Welder

jpb1974

I'm looking to buy an Microsoft Arc(TM) Welder

I'm hoping that Lidl will be supplying the OEM version of the iPad myself.

http://patentauthority.com/2010/03/apple-buys-ipad-trademark-from-fujitsu/

jpb1974

I don't understand the trademark stuff

Have a google.. e.g.

http://en.wikipedia.org/wiki/Trademark

jpb1974

Seems as daft as patenting

Aye.. spend your lifetime inventing/developing/designing something unique and then don't bother your arse patenting it... so every other Joe can copy it... completley daft

You know you can put all your comments in one post. You can edit them if you think of something new.

Great.. thanks for the advise!

mickoneill30

jpb1974 wrote: »

Aye.. spend your lifetime inventing/developing/designing something unique and then don't bother your arse patenting it... so every other Joe can copy it... completley daft

Oh ffs. I'm talking about trademarking the word Arc (that is the point I made above that seems to have gone over your head) or patenting something daft like a mouse click.

You know you can put all your comments in one post. You can edit them if you think of something new.

jpb1974

I'm talking about trademarking the word Arc

You're right... you'd think a mickey mouse company like Microsoft would have kopped that.

Saruman

Arciphel wrote: »

Gentlemen, I have to disagree. I know it doesn't mention MS in the ad, however it is representing itself as the genuine item. The actual MS one isn't taht much more expensive than this, aslo they claim this has a RRP of £49.99 which is the price of the genuine item in a brick & mortar store.

As for saying it doesn't look like the MS mouse, see below...

As I said in my post, this does not look like the microsoft mouse at all. It looks a similar shape but that is it.
It does not claim to be a Microsoft product.

Like I said, the only possible issue which may have been confusing was the use of the word Arc which is trademarked to Microsoft.

Surely MS can't trademark the word Arc itself because it is used for a number of products like welders so it must be a combination of Arc & Mouse that is trademarked and in this case, 7 day shop should not have used the word Arc.

I am glad you got it sorted though. I am curious to know what MS would have to say about the possible breach of trademark use.

mickoneill30

Saruman wrote: »

Surely MS can't trademark the word Arc itself because it is used for a number of products like welders so it must be a combination of Arc & Mouse that is trademarked and in this case, 7 day shop should not have used the word Arc.

I'm sure jpb1974 will correct me but I'd guess that they trademarked "Microsoft Arc". The TM is after Arc.

I had a look but I've no clue if this is the correct db (it does have US trademarks on it though)
http://www.patentsoffice.ie/eregister/list/TMResultList.aspx

Here's a US site
I can't list to the search result as it doesn't display properly if I do that.


Doesn't seem to have MS either.

Saruman

Probably and that is what I thought too but on the arc mouse homepage:

The revolutionary design of the Arc™ Mouse

No mention of MS in that sentence.

eightyfish

mickoneill30 wrote: »

I'm sure jpb1974 will correct me but I'd guess that they trademarked "Microsoft Arc". The TM is after Arc.

True, I mean you couldn't have a Microsoft iPod.

jpb1974

The revolutionary design of the Arc™ Mouse

Consider yourself corrected Mickey Boy

Same applies to their Arc™ Keyboard

http://www.microsoft.com/hardware/mouseandkeyboard/productdetails.aspx?pid=120

In relation to Arc Welders well it probably isn't much of an issue because Microsoft don't compete with Welding Product Manufacturer/Distributors and vice versa.

mickoneill30

jpb1974 wrote: »

Consider yourself corrected Mickey Boy

Same applies to their Arc™ Keyboard

http://www.microsoft.com/hardware/mouseandkeyboard/productdetails.aspx?pid=120

In relation to Arc Welders well it probably isn't much of an issue because Microsoft don't compete with Welding Product Manufacturer/Distributors and vice versa.

Thanks JP. As informative and intelligent as your other posts.
The point is flying over your head (TM) I made about the trademarks and patents.

See what I did there. You can't just type TM and tell people to go away. If you find a link to the TM on the registered databases for MS let us know.

Why is it the other guys who replied seemed to understand my point?

Anyway this is all off topic. We need a new thread for TMs.

jpb1974

Thanks JP. As informative and intelligent as your other posts.

Thanks Mickey... just like your assertion in relation to patents

looksee

The ad does actually mention Microsoft, it now says

Please note that this is NOT a Microsoft Arc Mouse

Arciphel

Yes, had a look there, looks like they changed it. Also all references to "OEM" are now gone.

Thank God for Google cache.

Original ad said-

"This is the OEM version of the Arc Mouse, which means that you get a far better deal on price as it comes in bog standard (white-boxed) packaging but there is no comprimise in quality."

rubadub

Arciphel wrote: »

"This is the OEM version of the Arc Mouse, which means that you get a far better deal on price as it comes in bog standard (white-boxed) packaging but there is no comprimise in quality."

The bit that makes up my mind is the simple use of the word THE infront of arc mouse -in my mind they were being deliberately misleading by using that phrase, though they might legally get away with it they are still trying to pull a fast one in my mind. The use of "the" sort of infers it is a one off product. Also the use of "the" in front of OEM infers it even more to me.

Many here seem to be acting like a bunch of lawyers in a film attacking a witness or something, I wonder if those posters mothers had bought it would they be saying "ye fecking eejit, it looks NOTHING like the microsoft mouse, and show me where it says microsoft in the ad?? WHERE you fool"

I think it looks very similar to the original, but the standout warning sign is the price though.

Arciphel

ahem *it's actually not a bad little mouse*

freebee23

Fair play to original poster in getting a refund. I have only just read thru' the posts and would also like to highlight that the description of the product on the 7-Day Shop site is nearly identical in wording to the product details of the arc mouse on the microsoft site. I also wonder if Microsoft would be interested knowing that their product description is being used to describe a similar looking and seemingly functioning product.

Maybe 7-Day shop should drop all similarities to the Microsoft arc mouse once and for all, such that this product will sell on its own merits.

I personally am not a big fan of Bill Gates, notwithstanding this I still believe there is a question to be answered as to the whole advertising of this product on the 7-Day shop site.

Cheers,
Freebee23

finty

I'm a bit bemused by some people saying the OP is wrong here. Maybe he was a bit strong in his criticism at the start. Understandable enough seeing as he thought 7dayshop were pulling a fast one.

The mouse is very similar to the Microsoft version, the name is very similar, the specs described are even in exactly the same order as those on the Microsoft website.

The Ad was misleading, they didn't lie about anything but it certainly was misleading........even the company have admitted this and changed the advert

........and still people say the OP has no case:rolleyes:

Saruman

freebee23 wrote: »

ctioning product.

Maybe 7-Day shop should drop all similarities to the Microsoft arc mouse once and for all, such that this product will sell on its own merits.

I personally am not a big fan of Bill Gates,
Cheers,
Freebee23

In fairness, Bill Gates has nothing much to do with Microsoft these days. Now he just does charity work with all his Billions so fair play to him.

jpb1974

I wonder where jor el is?

eating humble pie I'd say