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Musto Aqua Fleece

Printed From: Yachts and Yachting Online
Category: Dinghy classes
Forum Name: Dinghy development
Forum Discription: The latest moves in the dinghy market
URL: http://www.yachtsandyachting.com/forum/forum_posts.asp?TID=2729
Printed Date: 18 Aug 25 at 2:31pm
Software Version: Web Wiz Forums 9.665y - http://www.webwizforums.com


Topic: Musto Aqua Fleece
Posted By: tack'ho
Subject: Musto Aqua Fleece
Date Posted: 01 Mar 07 at 4:04pm

Looks a bit familiar, sounds a bit familiar, wonder what Steve's taking for each one of those sold?

If not I'd get a good lawyer!



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I might be sailing it, but it's still sh**e!



Replies:
Posted By: MRJP BUZZ 585
Date Posted: 01 Mar 07 at 4:05pm
Have you you got a link

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Josh Preater

http://www.bu22.co.uk">BUZZING IS FUN



Posted By: tack'ho
Date Posted: 01 Mar 07 at 4:14pm

clicky..... http://www.yachtsandyachting.com/news/?article=25021 - http://www.yachtsandyachting.com/news/?article=25021

well that deosn't work!?!

http://www.yachtsandyachting.com/photos/?s=64&PID=17230">See the new Musto Fleece Aqua Top at the RYA Dinghy Sailing Show

Fleece Aqua Top:

The Fleece Aqua Top is designed to provide warmth, comfort and protection – without bulk – for those who get their thrills on performance dinghies. A simple but brilliant design, the windproof Fleece Aqua Top is made from a water-repellent coated fleece fabric and a high neck for extra protection. Sporting a bold Musto logo and available in Junior and Adult sizes, this garment is a must have for the new season.



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I might be sailing it, but it's still sh**e!


Posted By: MRJP BUZZ 585
Date Posted: 01 Mar 07 at 4:43pm
They are not exactly the same, or did you just mean the name?

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Josh Preater

http://www.bu22.co.uk">BUZZING IS FUN



Posted By: radixon
Date Posted: 01 Mar 07 at 5:23pm

I saw these the other day and thought exactly the same. Would be intested to find out what people think about these, will they be as warm/dry as the Rooster version. I can get too warm wearing the rooster version at times.



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Posted By: tack'ho
Date Posted: 01 Mar 07 at 6:03pm

It's got to be a copyright infringement, even with the differences!

fleecey inner-check

high neck-check

rubbery waterproof outer layer-check

 



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I might be sailing it, but it's still sh**e!


Posted By: Medway Maniac
Date Posted: 01 Mar 07 at 8:54pm

To use copyright law, the two products would have to be virtually identical.

Trade mark law? Doubt it, 'Aqua Fleece' would be regarded as 'descriptive of fleece products suitable for marine use' and non-registrable by the Trade Marks Office unless you could show considerable use over very many years, and even then...

Passing-off/unfair competition? We may think that it applies, but British courts have proved reluctant to accept that it's proven in the past (not everything is worse in Europe)

Not saying I agree with that state of the law, but I'm afraid that's the way the it looks to me.



Posted By: catmandoo
Date Posted: 02 Mar 07 at 10:32am

Musto aren't the only one making them , I've seen other brands and in other sports ,canoeing etc .

I expect mssr rooster came across the fabric and designed his own top , perhaps he commisioned it and manufacturer has offered it to others .

most folk put tm after trademarks these days to warn folk off ,

I'm sure that Rooster is a trademark and no one else can sell rooster aqua fleeces .

Bit of competition never did anyone any harm

They prob all come out same factory in China !!!!! anyway

Think Roosters bold initiative with the big Laser Rig is a crackin idea - covered elsewhere , but in this vein an intresting commercial adaption to anothers product ,

 

 



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Posted By: glewis
Date Posted: 02 Mar 07 at 1:24pm

Copyright laws can be easily circumvented by slight changes in the appearance of the clothing.

 

Giles

No 414



Posted By: tack'ho
Date Posted: 02 Mar 07 at 7:19pm

Your right about the product, of course, i believe there have to be 25 differences or something (radio 4 can very v interesting sometimes), it's the frabic i'd like a close look at!

Your right competition is good, but not where it involves large multi nats stealing smaller companies ideas/intellectual rights and relying on their size and lawyer buying power to forestall anything being done about it.  If i see this product and it clearly is an unlicensed copy i will simply stop buying musto stuff simple as that!  Also the term aquafleece/  fleece aqua are similar enough for consumers to mistake the 2 products which if i cast my mind back (a long way i'll admit) can constitute an infringement.  And the fact that Musto have reversed the 2 words makes me extremelly suspicious!

ps.  The guy needs to get a wetsuit that fits tho



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I might be sailing it, but it's still sh**e!



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