Scotch tape is another one in the U.S. that is technically a trademark (or was at one point), but became so proverbial that it’s used all over now.

I’m so sorry to hear this. I do think “speedo” is a universal term for a brief-style swimsuit. People who are not male swimsuit aficionados don’t make any distinction between one type and another, from the more skimpy midcuts all the way to thongs–it’s all just “speedo” to them. And, I don’t think there’s any harm in that. If someone says “A fat guy was on the beach in a speedo today,” everyone knows what they mean; if someone more observant said “A fat guy was in an Adidas today at the beach,” or really any other maker of brief-style swimsuits, no one would know what they’re talking about.

Best of luck with it, Dave! And, yes, I think “no comment” is probably best at this point–but I’m not a lawyer, so don’t quote me on that. 😉

Dr. Phil,

It is always great to read your comments mate.

Thanks for the positive thoughts!!!

Dave

I would think SPEEDO would welcome your site as it encourages the purchase of their product as well as others similar. You certainly don’t negate SPEEDO in any way. Sort of a case of free advertizing.
Guess they are as “sue” happy as so many others.
Good luck.

Dave – talk to the journalists. It’s bad publicity for Speedo which may be the only joy you’ll get out of the experience.
I’ve noticed since copyright law has become a speciality copyright infringement has gone crazy. As a copyright lawyer how to you bill if your not prosecuting a case?
It saddens me that human effort is wasted on this bullshit.

Finally make sure you have legal advice about what assests they can get at. Even if you have nothing in Australia can they still get a settelement and perhaps force bankruptcy?
And if they want the website name changed have you got others in the wings ?
In other words forget about if you’ve got the money or a tie and manage your risks.
Anything else is bad business practice.

This stuff is so annoying. I agree with the above that you think they’d be happy with the blog. You certainly encouraged me to buy my first speedo so you’re doing your bit for the industry!

An interesting precedent to check out would the the ugg boot case that was around a few years ago. A company claimed copyright and tried to stop all other manufactures from using the phrase. I’m not sure how the cards fell but I hope it went against the company (and works in your favour).

Personally, I’m no media expert, but I would talk do the interviews. Certainly tread carefully because you do sometimes read stories where the interviewer makes a bit of a joke of the whole thing at someone’s expense. But if you play it well (and to a degree take the high ground, which you have generally done on the blog, because you don’t want them to be too angry and want to get you) it could send a signal to speedo that it might not be worth their while (or in their best interests) to pursue you.

Best of luck dave!

Ps – what do you call a speedo if not a speedo? swimwear?!

What about “speedostudent1” are they going after him too? You have done no harm to speedo as I have seen some of their products on your site then went out to buy them. Best of luck facing corporate greed. I’ll be buying more aussiebums thanks to speedos action.

Dave,

I’m sure you can work something out. One look at your hot body and they will pay you to model their Speedos. I’m sure the Aussie market is big for them.

hey dave

sorry to hear about you being sued, me personally ive been sued by google, abercrombie inc, theknot inc, justanswer.com, monavie llc just to name a few in the last 5 years…and im sure a few more to come.

Its a shame cause I had just forms to sign, not going straight to the high court and it was for doing similar action. I do feel they may be trying to get their name disassociated with the growing number of gays sites mentioning their TM term…making an example/sending a message…which I think it is quite stupid but their market research might be saying other things, who knows.

Anyway you have my email so if I can provide any advice let me know, might be able to help. I wish you all the best =)

Ps. Weird im based between Central Coast and Newcastle, should catchup sometime – trade war stories.

Don’t forget about “xerox”. They tried to sue people decades ago but lost because it had become such a norm in copying terms!

My two cents: Don’t do the media interviews. It will attract unwanted attention to your websites from the general public. Plus, you’re not going to win a legal argument at this stage, even if you have a minor PR victory.

What’s specifically their objection? The use of “speedo” in your web site address? Or publishing the Speedo brand through various pictures, etc.

yes I saw the article on smh that you were being sued. This is very disappointing and silly.

Best of luck with it … I enjoy the blog – I may just never again wear ‘Speedo’ branded speedos in protest,

I think you may as well set up a new website now. I doubt you’ll win against these drongos. They have deep pockest and the law isn’t about justice for all as we know: it’s about the rich winning.

I did a post on your travails on my blog, and as soon as you have new URLs, I’ll let my readers know.

As for interviews … I think it’s worth making your point about brand names becoming generic. Speedos is a term for skimpy lycra male swimwear, everybody knows that. But I still don’t think you’ll win. And the publicity may get you a lawyer who’ll help you pro bono.

I have not followed the full merry journey of how you have got here but could i suggest you gain some legal advise from a group such as – http://www.cabwa.com.au/index.htm – or the equivilant for where you are. As if you are being called to a Ferderal Court you may ( i have know knowledge either way ) be seen as insulting the court for not attendence. A letter detailing your case and the reasons associated would be beneficial rather than putting a judges back up. Who knows what they may “decide’ if you are not there or at least have detailed your points in a letter.

There is trademark infringement law. And maybe Speedo is suing you based on that law. I have a little bit of legal background and I advise you not to miss your court date. Tell the judge you have no money to hire a lawyer and the court will provide one for you (pro bono or sliding scale payment). Not showing up for a court date can get you in a deeper hole than you already are. Best of luck!

Looks like you’re about to get a whole lot more attention. Can’t believe a huge corporation is going after a humble blogger. Seems to me blogging is the kind of forum you can pretty much say whatever you want on. Funny, “The Age” article implied that somehow if was the shape of your body that was putting a negative image on the brand. Well that aint true, they should be honoured. I’m thinking they’re getting good publicity. Good luck.

Aren’t Speedo being a bit precious?

Unbelievable.

And you’ve already been invited… They act quickly! So what are your options?

It’s front page of the SMH website –

http://www.smh.com.au/business/speedo-in-fight-with-bisexual-blogger-20110921-1klbp.html

Dave,
Look up the word Speedo in the english dictionary.
On websters.com it says that it’s part of speedometer or that it’s part of SPEECH.
How can you sue the use of an english word?

I would do the interviews. It might help your case. You may get some lawyer interested to help you for free.
Think about it.

Kevin

I would also suggest you show up to your court date. Ask for a lawyer to represent you. Not showing up will put you in contempt of court, which will be bad for you, and not good for your case either way.

Good luck!

If you have nothing to lose, you should defend yourself firmly. The company should have known when they bought the Speedo brand that the word speedo had entered the Australian language. So
you can claim that they have no case.
Remember that these companies cannot afford to lose in court, so they will do everything they can do to intimidate you to settle without going there.
Even if they go to court and win, unless you have assets of value there is little impact on you.
You do need to respond to each of their claims hrough the courts though.
If you can’t attend the court contact them and ask for the venue to be moved. Speedo will love that, but you are entitled to have it heard at a suitable venue. See also RAt’s comments.

Hi Dave

may be contact Speedos Cafe at Bondi Beach = Speedo Corporation tried to likewise sue them a few years back but they got out of it somehow !!

tel 02 9365 3622

best of luck

Tom.

Dave,

Just a quick line to wish you luck,
It’s in the Herald today, I would get some good legal advice Dave, it could not be good..
Take care..
Mike

Isn’t this all a Barabara Streisand effect?

You have to show up at court. Go to a Free Legal Aid Centre to start off with. There’s one in Redfern and Eastern Suburbs. Contact either SSO or SX – they may be able to suggest someone sensitive to the issues.

And do not underestimate what these guys are capable of. They are the worst kind of bullies. They will pull every dirty and nasty trick they can to demoralise and terrorise you.

As for media attention get a PR person – seriously.

Speedo as a generic term is probably your best tactic but it also the one they are expecting. You are going to need a huge volume of evidence to back you up unfortunately that does take a lot money. Have a look at any previous cases, explore what arguments were previously used. Maybe have a look at obvious targets they have not sued.

You may not like it but you have to reconsider rebranding your website, who knows maybe you can get away with something more descriptive, EG Speedo Fan Club or for the Love of Speedo.

Goodluck and keep us posted as always.

Well, I’ve seen in it the Daily Telegraph in London, so you’re global now.

I’m a photographer by the way and it is my experience that one has to be cautious with branded underwear/swimwear etc.

Yes the likes of Hoover and Sellotape have entered our languages and become generics but you’d have to bear in mind that they did so at a time when there was no effective legal structure in place for defending and ringfencing such trademarks.

Now, companies have a means to enforce copyright restrictions and you’d be wise to be very wary of that.

Fortunately, you can make the case that your site is born out of a passion rather than a desire to cash in on the Speedo brand ie. it’s not for profit. However, I’d have to say that you’re stretching the boundaries beyond breaking point here.

Effectively, the brand is in the public domain, but with that, it regularly carries clear ‘rtm’ tags. Put simply, they legitimately own and have created that brand.

Now, like it or not, their rights are enshrined internationally, and I would have to be totally honest with you and say that you simply would not have had a problem but for the very explicit nature of the pictures you feature and how closely they are allied with the Speedos brand. As, the previous post says, there are so many other names you could have given to this site.

Don’t get me wrong, I love this stuff, but as things stand, you are asking for trouble.

Good luck!

PS. Sorry to be a gloom monger, but you’re actually in much deeper water than you might have thought. I would venture that almost all the images you’ve posted have been got off the internet and used without permission. Correct? Well, that’s theft you see. It’s all copyrighted material and the fact that it is viewable, copyable and recyclable affords you no rights for using it or exploiting it in any way whatsoever.

:O Well good luck Dave! To be honest it seems to me like Speedo corp are being more than a little homophobic.

Hello Dave,

Remember “There is no such thing as Bad Press.” Promote the hell out of this!

Wear a nice new suit to court. A non-Speedo Brand would be the best to prove your point. When the judge questions your judgement in wearing a “Speedo” point out it is in fact not a Speedo. Remind him or her that the law suit is about a suit and what people call it.

SLD

I hope you get everything you deserve you are a liar and a fake and you are just plain scared because you are about to be exposed for the fraud you are. I hope speedo sue you and make you the laughing stoke you are You are an embarashment to men and what your represent.

Dave – something else to consider. You’re not out to everyone in your life. While not turning up to court is not a course of action I’d recommend (possible fine or even jail for contempt), there are likely to be journalists and photographers covering the case, so you could end up as the poster boy for bisexuality by the end of the week – you just need to be prepared to be outed as bi and as a pornographer.

Surely it’s just easier to change the name of the websites?

For what it’s worth, I think Speedo have a point here – I run my own business and if someone started associating my brand name with porn, I’d get the lawyers onto it to. An ‘I love speedo’ blog is one thing, a porn site using the brand name is something different entirely.

I’m sure you have, but it’s useful to read the Wiki articles on the subject. Apparently, the Speedo brand-name falls under the category of ‘protected trademarks frequently used as generic terms’ and isn’t a generic term without legal ties.

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

http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks#cite_note-Speedo-121

Hello Dave,

If Speedo sues you, they should also sue for example the “New York Times” because it uses the word “speedo” in the same way as you are doing (in the last paragraph ofd the link below, referring to Arnold Schwarzenegger):

“It would have been intriguing to have him in Germany this week, showing the rest of the world that not all Americans are in the last century on the big issues of the day. And, of course, he’s one of the few Americans who’s used to wearing a Speedo without blushing.”

http://query.nytimes.com/gst/fullpage.html?res=9C06EED81E30F934A35755C0A9619C8B63