This message is to who it may concern.
If you have been sent here because of a product removal from eBay, please read this About Me page to help you better understand the reason or reasons why.
The Company
DestineeEploriums is an Intellectual Property Creation & Development Company that creates and develops unique household rand Nametrademarks, based on a careful & deliberate evaluation and study of terms, words and names as source identifiers. DestineeEploriums is a member of the eBay VeRO Plus Program and is the owner of several different intellectual properties which includes the B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>family of trademarks. We have started enforcing our trademark rights to the B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>mark on eBay because of the indiscriminate use of the term and invasion of our intellectual property rights thereof; under the mistaken belief that the words and/or term are a common or generic term available for anyone commercial use in any descriptive manner.
As an eBay VeRO Plus Program member, DestineeEploriums review items for sale or auction on eBay bi-monthly for any unauthorized or infringing use of the B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>property. We take great pride in having discovered and identified the commercial value and worth of the "Ride Hard" term as a trademark long before anyone else ever thought to use the term in any such manner and then bringing such a discovering to fruition by further developing the use of the term in verbiage and composite design illustrations. Our ceaseless efforts to further build and develop the B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>brand and intellectual property would be valueless, if we did not aggressively and vigorously protect our trademark and creative concepts by preemptively attacking unauthorized and infringing users of the mark. We have adopted a zero tolerance policy for those would be infringers who attempt to misappropriate the use of the B style="mso-bidi-font-weight: normal">Ride Hardterm and creative verbiage concept.
Over the last decade or so, we have cease & desists numerous companies and brought suit against a few others over this misplaced theory that the B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>mark is a common and generic term available for anyone usage under the fair and descriptive use language. These efforts have thus far resulted in the discontinuance of several development plans by others with regards to the B style="mso-bidi-font-weight: normal">Ride Hardterm, who tried justifying their use of the term under these misplaced theories; in addition to monetary damages and most importantly, the acknowledgement & acquiescence of our rights in and to the property. When it comes to policing and protecting the integrity of the B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>brand and intellectual property, you are forewarned that we do not make idle threats.
DestineeEploriums works diligently to ensure that all unauthorized uses of its intellectual properties are removed from eBay. When an auction or sale listing that is an unauthorized, misappropriating or infringing use of the B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>intellectual property comes to our attention, we will review the matter and take the appropriate actions. However, because of the high volume of merchandise for sale and auction on eBay, it is very difficult to identify and remove every unauthorized item. Nonetheless, the fact that others are selling products that infringes Destinee- Eploriums intellectual property rights does not give you the right to do so as well. Similarly, the fact that a product is being sold on eBay is in no way a guarantee that it is a genuine, authorized B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>product. There are currently only two authorized licensee of the B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>property and that is the companies ide Hard.com,and ansegal Sportswear.SPAN style="mso-spacerun: yes"> In addition, there is absolutely no authorized use of the property for patches or heat transfer items.
While it would be legal to re-sell genuine B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>products that youe purchased, in there original, unaltered form in the territory in which you bought them, at this time, the only place where you can purchase genuine B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>products is at www.ridehard.com. And although you may use the B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>brand name in your listing (only to the extent necessary to identify the product), you still must use the appropriate legal notices and insignias such as the B style="mso-bidi-font-weight: normal">/B>and "TMsymbols. Furthermore, you may not use any B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>trademark, service mark, trade name, or trade dress in any way that is likely to confuse consumers into thinking that you, your products or services are in any way affiliated, associated or somehow sponsored by Ride Hard.com, or approved, authorized or licensed by DestineeEploriums. However, if you are not selling a genuine B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>product, you may not use any B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>trademark or name in the title of your auction and/or sale or in the description of the product or in any connection with the sale of such unauthorized or infringing product.
You should also be aware that selling products outside the territory in which you bought the item could be risky as certain countries and territories have laws prohibiting unapproved parallel trading. For example, items offered for sale to European countries which have not first been put on the market by DestineeEploriums or Ride Hard.com within the European Economic Area ("EEA") may infringe our rights. Further, you cannot use copyrighted photographs of B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>products to promote the sale of the item and you cannot produce an unauthorized copy of the genuine product and offer it for sale nor customize a B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>/FONT> product that modifies any of its trademarks.
What is Ride Hard?
The creation, development and use of the Ride Hard term was predicated on the basic idea of using it within the context of phraseology, verbiage and composite designs, or any combination thereof, with the intentions of projecting and conveying a visual and literary expression (regarding a thought, feeling or method) of how or what one might feel (for supporters and enthusiasts) or of how one might feel about the way they ride (for those who actually participate and compete).
"The Competitive Drive & Spirit -which represents the inner drive that compels an individual to participate and excel in a sporting activity, and the slogans
"Transcending The Competitive Mind-Set -the level at which an individual involved in competition has ascended beyond the mere mental frame of competitiveness.
U>No Matter What You Ride EM>which represents what the mark is; as a call to action for all.
These three, the definition and slogan statements, represents the created definition of what the RIDE HARDmark means, does and is! It is through the use of these slogan statements that the use of the B style="mso-bidi-font-weight: normal">RIDE HARDfamily of trademarks (B style="mso-bidi-font-weight: normal">RIDE HARD America B style="mso-bidi-font-weight: normal">RIDE HARDand B style="mso-bidi-font-weight: normal">RIDE 1 HARD has an associative attachment thereof and may be used without crowding or causing confusion regarding such use. The mark isn't link to any one particular riding sport or activity (as many are trying to assert as a defense); it is indeed, the connection to
"The Competitive Drive & Spirit/FONT>" in us all that compels one to participate or compete and excel at any level, which defines the RIDE HARD/SPAN> mark. For which the statement:
U>If You Don RIDE HARD, why Ride functions as the Motto for this RIDE HARD family of trademarks.
In conclusion, No Matter What You Ride, if you ride with a passion and desire no matter what level you ride at, then indeed, you RIDE HARD/SPAN>!
The development of the IDE HARDterm
The B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN>trademark is a two-part B style="mso-bidi-font-weight: normal">UNITARYword creation of which each part functions as a separate part of the English language and is in the dictionary; but never before coined in wo-partto create a commercial impression.
The RIDE HARD/SPAN> mark is best exploited through the use of graphical, verbiage or composite design illustrations used as mediums of expression, meant to project and convey a mental & spirited image of the created definition of what the mark means.
In fact, administrative guidelines for use of common words as (Unitary) terms worthy of trademark protection at the highest levels, can be found in the United States Patent & Trademark Offices TMEP 213.05, which states that, I style="mso-bidi-font-style: normal">a mark or portion of a mark is considered B style="mso-bidi-font-weight: normal">Unitarywhen it creates a commercial impression separate and apart from any unregistrable component. That is, the elements are so merged together that they cannot be divided to be regarded as separable elements. If the matter that comprises the mark or relevant portion of the mark is B style="mso-bidi-font-weight: normal">Unitary no disclaimer of an element, whether descriptive, generic or otherwise, is required./FONT> It goes on further in example to say, I style="mso-bidi-font-style: normal">a descriptive word can be combined with nondescriptive wording in such a way that the descriptive significance of the word in relation to the goods is lost and the combination functions as a unit. This happens when the combination itself has a new meaning. An example is the term B style="mso-bidi-font-weight: normal">Black Magic,which has a distinct meaning of its own as a whole. The word B style="mso-bidi-font-weight: normal">blackis not intended to have color significance in relation to the goods, and should not be disclaimed even if the mark is applied to goods that are black in color./FONT>
It is because of this developed dynamics of the mark that if another uses the same words, wording or similar term within the context of their verbiage messages or composite designs, irrespective of the determination of whether or not the use was in a trademark sense; that it might cause a gradual diminution in the mark's distinctiveness, effectiveness and, hence, value. This kind of infringement and misappropriation corrodes the senior user's interest in the trademark by blurring its product identification or by damaging positive associations that have attached to it. Such infringement operates to whittle away and disperse in the mind of the public the identity of the name in relation to the one whom created & developed it. The more distinctive the name the deeper its impression on the public consciousness and the greater the need to protect it against indiscriminate invasion; thus, any unauthorized use cannot be allowed to continue unabated or go unchallenged.
As a seller, you have a responsibility to ensure that the products you sale do not violate the intellectual property rights of another; as ignorance of the fact that a term is a registered trademark is of no consequence or excuse. Federal statutes have clearly established that the owner of a mark, which has been placed on the Federal Principle Register (that is registered as a trademark with the USPTO), is presumed to have the exclusive rights to use the mark nationwide. And furthermore, everyone in the country (including you, your customers and vendors) is presumed to know about the mark (even if they haven actually heard of it). It is because of the wide spread infringement and unauthorized use of intellectual properties in the United States and around the globe, that we are force to be more aggressive in stopping any unauthorized or illegal use before it results in irreparable harm, injury and damages.
To anyone who feeling angry or upset about finding yourself in this precarious predicament, because you bought products from those whom you feel are credible suppliers, we understand your anger and frustration. We only ask that you try to understand our reasons for this action and that you channel your anger and concerns about this use towards the company or individual from whom you purchased the product(s); who are the ones probably responsible for the infringement of this mark.
We are not seeking any damages or legal redress with those of you who have found yourselves in this position innocently. We only ask that you relinquish any contact information about where you received the item and that you discontinue the sale of the product(s) from which this unauthorized use pertains; as if you continue to sale any infringing product after being informed of such, your status will change from that of innocent infringer to that of willful, for which you can and will be sued for. We can and have allowed some products to be reposted on eBay, but only after we have had a chance to determined whether or not the product(s) are genuine RIDE HARD/SPAN> products and whether or not the sale or auction is for personal or commercial gain. We ask that when you do contact us regarding such, that you be honest, forthcoming and above all, remain civil.
However, for those of you who have intentionally and willfully infringed on this mark and are the manufacturer or commissioner (the one who authorized and orchestrated the production thereof), you will have to at the very minimum, cease & desist from any further sales or use of the products that adorns the infringing or unauthorized use of the mark, pay damages in the form of your profits or reasonable royalty rate from any sales of the infringing products, and enter into a settlement agreement acknowledging and acquiescing to our rights in and to the mark.
NOTE: If your e-mail requests information that is already contained in this About Me page, you will not receive a response. If you have other questions, please send them to: legal@ridehard.com and provide us with the eBay item number, which appears in the message sent to you from eBay.
Ride Hard.com's contact information is as follows: Ride Hard.com, Attn: Legal Department, 2946 Jamacha Road Suite El Cajon, CA 92019 (619) 639-1910
We welcome any information on the sale of counterfeit RIDE HARD merchandise and for such information that leads to actual counterfeit goods & products; we will offer a gift certificate worth $75.00 dollars of genuine RIDE HARD/SPAN> products.
For information on authentic RIDE HARD/FONT> products, please visit www.ridehard.com.
DestineeEploriums is the owner of the ridehard.com web-site, RIDE HARD family of trademarks, which includes the B style="mso-bidi-font-weight: normal">RIDE 1 HARD,B style="mso-bidi-font-weight: normal">RIDE HARD/SPAN> America,and the B style="mso-bidi-font-weight: normal">RHlogo and design. Ride Hard.com is the action sportswear division of DestineeEploriums involved in the design, manufacture, procurement, advertising, marketing, sales and distribution of quality clothing, and accessories for men, women and children through our web-site. |
) 