Dave (Evans) vs Goliath (evil Speedo Corporation)

I got the idea for this post from one of the dozen or so negative comments I get a week.

The usual religious wackos, anti-gay guys, jealous people and just nasty people who obviously enjoy reading my blog and taking time out of their lives to message me.  One of the comments last week on my post about returning to Aussie in February was a very happy person saying how much the Aussie media is looking forward to my return in light of something that happened over 2 years ago.

2 years ago the Evil Speedo Corporate sued me in the Australian High Court over using the word speedo.  I emailed the judge and told him that obviously I couldn’t afford to defend myself and that my use of the word speedo was in the generic context.  The judge was nice but told me it didn’t matter.  I might have hinted that his judgement wouldn’t really matter either as I thought it would be difficult to impose any restrictions or penalties.

I did go to the court, nobody recognised me although I was probably the only person in the court room wearing speedos (under my jeans).  The Evil Speedo Corporation had a full table of expensive lawyers and my poor table had nobody.  The judge ruled in their favour, I was never allowed to utter the word speedo ever again.

Doesn’t really seem like much has changed.

What I found quite ironic was that the mainstream press I received in Australia and the UK (where the Evil Speedo Corporation is based after some faceless conglomerate bought the iconic Australian brand) was fantastic for business.

Back to the nasty comment I received last week, I really don’t think the Australian media will be at the airport waiting for me – would be good for business though.

Hope you guys had a good weekend, I had a big one on Friday night and now that it is Sunday afternoon I’m starting to feel normal again.

Here are some guys wearing speedos for you guys (not Speedo speedos).

Andrew Christian SpeedosArena SpeedosAussieBums at BeachTyr SpeedosCasual SpeedoMarium SpeedosWhite SpeedoNike Speedo

9 Users Responded in " Dave (Evans) vs Goliath (evil Speedo Corporation) "

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Peter said,  

Hi Dave –

I did contact you at the time that Speedo were taking you to court, and you had the courtesy to reply. I fully understand your views about what Speedo has done to you, and do sympathise. But it’s not that easy… I’m a lawyer in the UK, and illegal use of trademarks and copyrights is very serious business, as you know. Whether we like it or not, Speedo is a trademarked word all over the world, and as such, the owners of the name have every right to protect its use. I know that it’s got into everyday parlance in say Australia, but not everywhere else. In Britain, the word Speedo may occasionally be used colloquially, but most people know it to be a trade name. Please, be careful, and don’t believe that you will get away with misusing the word Speedo for ever! To plead that the word is in common parlance will simply cannot ever protect you from being prosecuted for infringing a registered trade mark. I wish you well, but maybe consider changing your tack, and accept the inevitable!

Peter

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Dave Evans said,  

Peter,

Thanks for your comment, I remember your emails two years ago, I appreciated them back then just as I do now.

I think my point in this whole this is that at no time has anyone ever approached me in a reasonable fashion to discuss this issue. Accordingly, as you’ll be aware since you followed the case, nobody knows if Dave Evans even exists.

The decision 2 years ago hasn’t been implemented and quite frankly, can’t be implemented.

I was sued in an Australian High Court, none of my business stuff is in my name or even in Australia. A rather expensive team of lawyers and High Court of Australia couldn’t find me and I sat in the court room – a little cheeky I admit. Now that I’ve been away for a while, I’m not even a tax resident of Australia anymore.

I understand the black and white of the law Peter and that is why I lost, that is why I didn’t attempt to defend my position.

Thank you again for touching base mate.

Dave

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Peter said,  

Dave – thanks for your comments. I do know you set everything up so that they could not get you, and I’m sure you’ll be successful in that. Even if you are Dave Evans (which I suspect you’re not, as I think that you’ve said you’re not ‘out’ to everyone), there must be at least a few of Dave Evans within the Australian population of 22 million! So, besides finding you (almost impossible), they would have to have convincing evidence that you did it – and because this would be a civil law rather than criminal law matter, they would not have the police to help find evidence, check computers etc.

I’ll leave it there, but all I was trying to say is – don’t assume the problem has gone away, and perhaps don’t antagonise Speedo any more by using their name. If you stop doing that for a while, they might go away.

Peter

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Sam Speedo said,  

Oh dear . . .

I wonder if I should reconsider my user name? Samspeedo might well be breaching trade practice law as well!

Only problem is that samtyr,samarena samspank, sambudgiesmugglers and samaussiebum might also be breaking the law . . .

What’s a guy to do in this crazy world . . . ?

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Michael said,  

What can I call them? I own Aussiebum’s, Budgy Smugglers, Speedos, Funky Trunks etc – to me the aussie vernacular is to call them all speedos with a small “s” it’s common language so is calling them dick stickers.
Personally I like Dave (whatever his real name is) a lot and love this site. I’m on his side and right behind him (hmm wishful thinking – and probably a fantasy).

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Pete25 said,  

Why are news media/magazines etc. allowed to call this style of swimwear “speedos” but no one else is? I realize stores, etc. used brand names but they are commonly referred to by most as “speedo” swimwear.

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DeepKisser said,  

Dave,
I assume “Speedo” wanted to protect thier brand name from being made generic…like Asprin used to be for Bayer, now they need to call it Bayer Asprin. However, it is not like you are selling items with the brand name Speedo. It is swimwear. Maybe they have dropped the issue too.

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Dave Evans said,  

Thanks for the feedback and kind words guys.

I’m not sure if they’ve given up or were burned by spending all that money on fancy lawyers but I all the same I might not be posting my new address in Terrigal on here – hahaha.

I’m in no way out to hurt or harm anyone and I hope you guys enjoy what I do.

Thanks again for all your support.

Dave

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Darren said,  

Just caught up with your site after a week or two and You have posted the 7th pic before and I think the guy is so hot washing that car and I am convinced the guy at the back is looking at his mates ass in those white speedos thinking what he could do to him, I know I would be.

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