# A WAHM takes on corporate America



## nonnymoose

[Mods, this is lifted from another board, as I'm not sure this WAHM spends much time over here, but it's certainly relevant to CDers everywhere - I hope it can stay. I won't link to Diaperpin, but that's where it came from.]

Jessica of Wonderoos is facing legal action from Fruit of the Loom (the maker of Underoos). They're threatening to sue her for damages for the irreparable harm she's caused them and the public by using the name "Wonderoos" for her diapers







Now she's scrambling to either find a new name for her company or a way to mount an effective legal defense. Her business is based in CA, btw.
Any ideas?


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## 2much2luv

Underoos...Wonderoos...???







How can they sue her if it isn't even the same name?


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## cj'smommy

Quote:

They're threatening to sue her for damages for the irreparable harm she's caused them and the public by using the name "Wonderoos" for her diapers
WHAT?!??!!?!? Irreparable harm??!!?







That doesn't make any sense!

Poor Mama!


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## mamamoo

I agree...would that even hold up? I am surprised that FOTL even knows about the world of cloth diapers!!

Quote:


Originally Posted by *2much2luv*
Underoos...Wonderoos...???







How can they sue her if it isn't even the same name?


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## ChristyH

Big business trying to bully a smaller business. Sounds like they are just trying to scare her and it's working.
I don't even think of Underoos when I hear Wonderoos!! Give me a break! Well you can bet that I will never buy another pair of anything made by Fruit of the Loom and I think I might send them an email as well! That just makes me furious!


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## cj'smommy

Quote:


Originally Posted by *ChristyH*
B I will never buy another pair of anything made by Fruit of the Loom and I think I might send them an email as well! That just makes me furious!

That's a great idea!!! A bunch of MDC mama's all riled up should scare them a bit!


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## Goddess3_2005

What if we all got together and helped her? I'm sure one of us gals here has a legal backround. OR maybe we could fundraise to get her a lawyer? Lets help her take on corperate america!







Start by boycotting their products! Lets help her take them down, come gals, whos with me?


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## 2much2luv

Yes. That is ridiculous. I'll do what i can, though I dont think I can do much. At the very least I'll not buy anything made by them.


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## firstlovesnbaby

Its so sad when a huge corporation goes after a much smaller mom and pop business! There is no point to it!


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## mamamoo

Are there any details?


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## Izzybee

I can't believe they would go after a mom trying to earn an honest living.
What a bunch morons. I am boycotting them to.


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## Sustainer

Quote:


Originally Posted by *2much2luv*
Underoos...Wonderoos...???







How can they sue her if it isn't even the same name?

It doesn't have to be exactly the same name. A judge could decide that the name is "too close" to the name that FOTL has trademarked. Like, you couldn't name a company "Fruit of the Bloom." (Probably.)

How classy of them to harass a WAHM.







Like she's a real threat to them, you know? Oh yeah, she's going to drive them right out of business. What a bunch of...

Well, any way.

Too bad we can't start a company and call it "Fruit of the Loom Stinks." I guess that would be too similar to their trademarked name...


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## Artisan

This just makes me sick. Yes, Fruit of the Loom makes cloth diapers, and WONderoos are really cutting into that. ARGH.


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## Goddess3_2005

I think they want to use the name for a new product, hmm maybe. wonder and under are two different things I think.


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## Trishas Tribe

Yeah, I just might stop buying underwear for myself because I found a really great One size diaper...LOL

Are they smoking crack? How does her business harm them in any way? She sells cloth diapers for petes sake.

I think she should rename her diapers...:"Fruit of the Womb" cloth diapers...just to piss em off.

I hate big corporate bullies. Too bad if they want to use it for a future product. It's already taken. This just makes me mad!!


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## HoosierDiaperinMama

What??? She should sue them for the "irreperable damage" they're causing her by dragging her name through the mud!!







: I don't see what grounds they have to say she's stealing their name. Sure it's similar, but I seriously doubt her intention when starting her business was to try to get it to sound as close to "underoos" as possible.







Talk about frivolous lawsuits!







:


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## mrzmeg

Boycott time, I think...

Feedback form: http://www.fruit.com/contact_us.cfm?...cted=contactus


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## supercrunch

That is so ridiculous!!!!







:

I should as my BIL for his opinion. (He worked as a paralegal in a patent and trademark law firm for 3 years, and he's now in his 2nd year of law school)

I'll let you know if I get any ideas out of him.


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## Ok

Lets see...

"roo" comes from Winnie the Pooh, and "under" as a word can't really be trademarked... if you're "under roo"... no, that would be "under oo"

maybe they want it b/c they have the trademark license for the super friends underwear line, like the wonder twins... so... who knows...

"Intellectual property" and "trademark" are really sticky issues to me. She obviously didn't steal any designs from them. This is purely name-based. And I think its as bogus when Trumpster thought he should be able to hold a trademark for "you're fired" as if he came up with the words from his own bean-head and they marvelled the public who'd never heard those words before.

So long FOTL...not that I bought much from you before...


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## kblue

I'm all for a boycott! That is AWFUL!!!


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## Trishas Tribe

Thanks for the link!! I submitted my feedback


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## cj'smommy

Quote:


Originally Posted by *mrzmeg*
Boycott time, I think...

Feedback form: http://www.fruit.com/contact_us.cfm?...cted=contactus

Thanks!


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## mistymama

Quote:


Originally Posted by *mrzmeg*
Boycott time, I think...

Feedback form: http://www.fruit.com/contact_us.cfm?...cted=contactus


I sent them a little piece of my mind.







:

Thanks for that link!


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## danzarooni

Grrrr leaving FOTL a piece of my mind right now!!!


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## ChristyH

I've already emailed them







Don't know if it will help much but I just told them that they could cram their Fruit up their Loom


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## cj'smommy

Quote:


Originally Posted by *ChristyH*
I've already emailed them







Don't know if it will help much but I just told them that they could cram their Fruit up their Loom
















:







:


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## kblue

I wonder how many emails they are going to get from ticked off MDC mamas? :LOL


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## kblue

Quote:


Originally Posted by *ChristyH*
I've already emailed them







Don't know if it will help much but I just told them that they could cram their Fruit up their Loom









:







:







:


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## lilgsmommy

Quote:


Originally Posted by *mrzmeg*
Boycott time, I think...

Feedback form: http://www.fruit.com/contact_us.cfm?...cted=contactus

Thanks for the link!


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## Goddess3_2005

They got one from me.









I have an idea, why don't we all start buyig her products or just sending her $ to help out with legal fees. Theres enough of us to help, right?


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## Beansmom

That makes me so







. I can't stand it when big corporations go after small businesses. As Jessica said, she could totally win the lawsuit, but doesn't have $50,000 to throw away fighting it. I so wish I was a lawyer for cases like this. It's not like FOTL even makes diapers or anything. I will never be buying any of their products again! Do they even still make Underoos?


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## wednesday

Wonderoos didn't work for us but Jessica was sooo nice in communicating with me about it. I just sent a leter to FOTL to complain and promise to boycott if they don't back off.


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## Jumblepuff

Hello all. Lurker here. Just wanted to say this STINKS!







: Maybe one of you more established mamas could post something about this in activism...going back to my corner now...


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## Nada

Quote:


Originally Posted by *ChristyH*
I've already emailed them







Don't know if it will help much but I just told them that they could cram their Fruit up their Loom









:







:







:







:







:

I'm going to get fired for 1) laughing so hard and 2) surfing the net at work.









Nada


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## momsmyjob

Quote:


Originally Posted by *ChristyH*
I've already emailed them







Don't know if it will help much but I just told them that they could cram their Fruit up their Loom









:







:


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## SaraMama

Quote:


Originally Posted by *ChristyH*
I've already emailed them







Don't know if it will help much but I just told them that they could cram their Fruit up their Loom









:







:







:







:

You crack me up!!!!

Sending FOTL an email right away!







:


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## imp&pixie

I sent FTL a piece of my mind also.

"I have recently heard of a pending legal action FTL has against a small cloth diaper manufacturer and am shocked by FTL's allegations. I am a consumer of both FTL underwear for my son and Wonderoos cloth diapers for my daughter. I never associated the name Wonderoos with the FTL trademarked name Underoos. Didn't even cross my mind. I am saddened that your big company would even attack a small mom-run business. I will no longer be buying your products."

I am so sickened by this. I hope that Jessica doesn't have to change a thing.


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## loving-my-babies

can they sue me if I tell them I will convince everyone I know to stop buying their products?


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## mehndi mama

For what it's worth......Fruit of the Loom *does* own the copyright for the name Wonderoos - any of you that had Wonder Woman Underoos as a kid owned some. They still own that name.
And Jessica *did* draw attention to her growin business by submitting a press release, which is what probably got the attention of Fruit of the Loom in the first place.
http://www.prweb.com/releases/Nov%20/0/prweb177107.htm


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## KermitMissesJim

I sent them a piece of my mind.


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## bluey

Quote:


Originally Posted by *ChristyH*
I've already emailed them







Don't know if it will help much but I just told them that they could cram their Fruit up their Loom

























Times like this I'm glad I'm not at work :LOL

Jessica if you are reading this, we are all behind you









Sadly we don't have any fotl stuff in the house so I can't even burn the clothes in protest


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## KermitMissesJim

Couldn't they have notified Jessica first, to let them know they owned the copyright to that name? I am sure she didn't know. They could have given her a month to change her name, and it could have been handled quietly and with class. I just cannot believe ANYONE bought one of her diapers thinking it was a FotL product.


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## wednesday

Quote:


Originally Posted by *mehndi mama*
For what it's worth......Fruit of the Loom *does* own the copyright for the name Wonderoos - any of you that had Wonder Woman Underoos as a kid owned some. They still own that name.

I believe that it would be a trademark they own, not a copyright...and are you sure? Did they really put out a product called Wonderoos? A google search for wonderoos and FOTL doesn't turn up any connection.


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## etoilech

I wrote them. This really irks me.

Olivia


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## Sustainer

Quote:


Originally Posted by *loving-my-babies*
can they sue me if I tell them I will convince everyone I know to stop buying their products?

Absolutely not.


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## mehndi mama

Yes, I guess you're right - it's the trademark they own. Same difference, really.
I got my info from another CD WAHM who used to work for the ad agency that handles Fruit of the Loom. I guess I'll have to ask her if she's SURE. But I can't imagine FOTL would have a leg to stand on if they didn't own the trademark/copyright, and she wouldn't have to worry about getting sued.
Also, as far as I could tell, she *was* contacted privately and quietly. Yes, a week does seem like an awfully short time to change everything, but as far as I understand, that's pretty standard for copyright/trademark infringement. It's not like these big corps make a distinction between large company & WAHM.....they just see that their name is being used and want it to stop, and getting a lawyer to do it for them is the most efficient way of doing so.


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## momsmyjob

Quote:


Originally Posted by *wakeUpMama*
I believe that it would be a trademark they own, not a copyright...and are you sure? Did they really put out a product called Wonderoos? A google search for wonderoos and FOTL doesn't turn up any connection.


I couldn't come up with anything either. They did make Underoos with Wonder woman but I don't believe they put the two together.


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## wildthing

Quote:


Originally Posted by *mehndi mama*
For what it's worth......Fruit of the Loom *does* own the copyright for the name Wonderoos - any of you that had Wonder Woman Underoos as a kid owned some. They still own that name.
And Jessica *did* draw attention to her growin business by submitting a press release, which is what probably got the attention of Fruit of the Loom in the first place.
http://www.prweb.com/releases/Nov%20/0/prweb177107.htm

This doesn't sound like a small time business from the press release. I imagine if FOTL has seen this, they obviously believe that there is more threat than not.


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## PatchyMama

Quote:


Originally Posted by *mehndi mama*
For what it's worth......Fruit of the Loom *does* own the copyright for the name Wonderoos - any of you that had Wonder Woman Underoos as a kid owned some. They still own that name.
And Jessica *did* draw attention to her growin business by submitting a press release, which is what probably got the attention of Fruit of the Loom in the first place.
http://www.prweb.com/releases/Nov%20/0/prweb177107.htm

actually you cant copyright a name...

http://www.copyright.gov/help/faq/faq-protect.html

Quote:

How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.
you have to trademark it and there are currently no official trademarks for the name Wonderoo according to the site
http://www.uspto.gov/

I also havent seen Jessica say that FOTL was claiming a trademark issue .. just that the two names were "confusingly similar".

Oh and congrats to Jess for the press release


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## ~Megan~

I've never heard of underoos as a brand of underwear.


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## kblue

Quote:


Originally Posted by *wildthing*
This doesn't sound like a small time business from the press release. I imagine if FOTL has seen this, they obviously believe that there is more threat than not.

I don't know what qualifies as a small business, but even 4,000 orders per month (congrats on the jump Jess!!!







) is nothing compared to the monthly sales of FOTL. I just can't see any way they would consider Wonderoos CLOTH DIAPERS a threat to their business. :LOL


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## wednesday

Quote:


Originally Posted by *amarasmom*
I've never heard of underoos as a brand of underwear.

Underoos

I had a Wonder Woman set. It was a cropped tank top and a pair of bikini underwear, if I recall correctly.


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## RufusBeans

Last time I heard about underoo was when I was five. Over twenty years ago shesh do they even make them anymore????

oh I checked...I am wearing Hanes Her Way


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## Sustainer

I had never heard of Underoos, but my dp seems certain that the Wonder Woman Underoos were never called Wonderoos.

On the Wonderoos diaper site, it says "tm" after the name Wonderoos.

I still don't see how diapers called Wonderoos could possibly harm FOTL, even if they have become popular.


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## Sustainer

Quote:


Originally Posted by *kellieblue*
I don't know what qualifies as a small business

I believe a "small business" is one which employs fewer than 100 people.


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## Goddess3_2005

Quote:


Originally Posted by *mehndi mama*
Yes, I guess you're right - it's the trademark they own. Same difference, really.
I got my info from another CD WAHM who used to work for the ad agency that handles Fruit of the Loom. I guess I'll have to ask her if she's SURE. But I can't imagine FOTL would have a leg to stand on if they didn't own the trademark/copyright, and she wouldn't have to worry about getting sued.
Also, as far as I could tell, she *was* contacted privately and quietly. Yes, a week does seem like an awfully short time to change everything, but as far as I understand, that's pretty standard for copyright/trademark infringement. It's not like these big corps make a distinction between large company & WAHM.....they just see that their name is being used and want it to stop, and getting a lawyer to do it for them is the most efficient way of doing so.

I checked the Trademark database, the do not own the term "Wonderoos" In fact no one dose. Next thing you know they'll start sueing Kangaroos for using the part "roo" in their name.

FYI, yes FOTL dose still own the trademark underoos and makes this product in their childrens line.


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## PatchyMama

Quote:

Next thing you know they'll start sueing Kangaroos for using the part "roo" in their name.








:


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## PatchyMama

oh... we cant forget "hemparoos" now either...


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## cj'smommy

Quote:


Originally Posted by *Sustainer*
I still don't see how diapers called Wonderoos could possibly harm FOTL, even if they have become popular.

It probably isn't harming them, they're just suing becasue they can and our legal system makes it easy for them to do that.


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## bobica

I happily sent a piece of my mind as well:
"I was truly appalled when I heard the news that Fruit of the Loom was threatening legal action against a small, work at home mom (WAHM) company that makes cloth diapers called "Wonderoos." I, for one, had never even thought of "Underoos" when looking at those diapers. I do have fond memories of Underoos & had planned on purchasing them for my child when she is finished with her diapers. However, seeing how your large corporation could find it necessary to bully a small WAHM business that in no way, shape, or form could do any harm to your own business, leads me to the decision to cease purchasing any Fruit of the Loom products. I will be happy to spread the word to all my friends- most have children, and I am pretty sure all wear underwear."








:

We need to find a legal eagle MDC mama to do a pro-bono case for her (in exchange for some dipes, of course







)


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## WickidaWitch

Quote:


Originally Posted by *RufusBeans*
Last time I heard about underoo was when I was five. Over twenty years ago shesh do they even make them anymore????

I just bought ds a pair of spongebob underoos about 6 mos ago
I wera Hanes her way too


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## Lisadeanne

I sent them a peice of my mind as well!


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## Sustainer

Good letter, bobica


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## 2much2luv

I wrote 'em too. Its really too much. I sure hope she finds some way to fight them.


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## mamaroo

Quote:


Originally Posted by *mehndi mama*
Yes, I guess you're right - it's the trademark they own. Same difference, really.
I got my info from another CD WAHM who used to work for the ad agency that handles Fruit of the Loom. I guess I'll have to ask her if she's SURE. But I can't imagine FOTL would have a leg to stand on if they didn't own the trademark/copyright, and she wouldn't have to worry about getting sued.
Also, as far as I could tell, she *was* contacted privately and quietly. Yes, a week does seem like an awfully short time to change everything, but as far as I understand, that's pretty standard for copyright/trademark infringement. It's not like these big corps make a distinction between large company & WAHM.....they just see that their name is being used and want it to stop, and getting a lawyer to do it for them is the most efficient way of doing so.

actually this isn't entirely true I wasn't contacted quietly, I was served with a lawsuit. They don't own the tm for Wonderoos only for Underoos. So I wasn't using their name only one that rhymed with it, and FWIW I never thought of their name when I chose mine, I only thought of won-for one-size and roos- for the pocket. They are not just suing me to "get it to stop" either they want damages for the unfair competition and irreparable harm I've caused them. I also don't think having a press release done is a bad thing it is pretty standard when trying to promote a business.
I really think you should get your facts straight though before defending a company that isn't in the right here. Even my attornies say that they aren't right, but I don't have the kind of money it would cost to fight them. Pure and simple.


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## Max's Mami

Thanks for that link - I just left feedback too. We dont even use FOTL products but now we NEVER will for sure. I am so ticked!

I love Wonderoos - they are the only pocket diaper we use and we dont use AIOs so they are the only PUL product we will use at all. My son is in them the majority of the time because that is what I send to day care for him. They are a great product and Jessica is super sweet.

There is just no reason for FOTL to be harrasing her like this -she isnt doing them any harm - its a completely different customer base.

This is what I wrote to them:

_I just wanted to write to tell you I think it is horrendous that you are taking action against the owner of Wonderoos. She is a work at home mom who is making cloth diapers to support her family. Her business is minuscule compared to your huge corporation and she is in no way causing you "irreparable harm".

Her product is nothing like yours and the name is not even very similar. Not similar enough to cause confusion.

She is doing a service to cloth diapering parents and to our environment and you should be ashamed of yourselves for trying to destroy her name and business._


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## LizaBear

Sent my feedback as well

Quote:

I was absolutely disgusted to hear about the legal action being taken against a small, mom-run cloth diapering business by FOTL.

Apparently FOTL is claiming "irreparable harm" has come to them by someone selling diapers.

How this can possibly be true, I'm not sure.

But - FOTL has done itself irreparable harm by launching this lawsuit.

I have a son who is 2 1/2, and soon to be potty trained. He'll never wear FOTL products because of this. Nor will my daughter, myself, or my husbad.

I realize that 4 consumers won't make a difference in your bottom line - but I feel that my family should only support companies which follow not only legal standards, but ethical ones as well.

Corporate bullying isn't ethical.


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## Sustainer

OK, so the deal is, they see some one who is becoming successful, and they think, hmm, I wonder if that name is close enough to our product name for us to get a piece of that money.

How disgusting.

I really don't see how they can construe it as competition. One company makes underwear and not diapers and the other company makes diapers and not underwear. Correct?


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## Just*Lindsay

OMFG! I need to check my granny panties...If they are FOTL, they will be tossed and I will never buy their products again. I dont see how Wonderoos is even clost to UNDERoos except for the oos part. Poor Jessica, Id be PISSED off!


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## lovingit

I left feedback as well!....This INFURIATES! me!!









(((Jessica)))...I'll be thinking of you...I have been involved in a name/trademark lawsuit , but it's not to this extent on suing for irreperable damages? Good golly it's ridiculous!

I'm behind you as with many others, and will always support your company and your products.

(((HUGS))) again.


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## Basylica

Jessica,
I'm SOOO sorry this is happening to you! they are such ass-hats








I'm totally boycotting, dammit!
And I wrote them a scathing email too.


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## MTmommyof2

Quote:


Originally Posted by *mehndi mama*
And Jessica *did* draw attention to her growin business by submitting a press release, which is what probably got the attention of Fruit of the Loom in the first place.
http://www.prweb.com/releases/Nov%20/0/prweb177107.htm

I don't post much here, but have to chime in. I think the ladies here are great, especially being so kind in their support for a fellow WAHM.

As for the comment above.....Good for Jessica for taking the initiative and having a press release done. Drawing attention public attention not only to her products but to cloth diapering and natural parenting in general! Way to go!!

Does this somehow make her responsible for getting sued by some monster corporation? I don't think so. I think this is just what it appears to be. Corporate America at its worst, bringing suit against a smaller company because THEY CAN, not because they have a legal leg to stand on or because Wonderoos is somehow "competing" with their name or products. Come on....lets not make this any worse than it is, by eluding to the fact that Jess somehow brought this all on herself! I think we all know this is NOT the case!


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## Just*Lindsay

Oh Crap...My granny panties ARE fruit of the loom. BUH BYE!


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## allformyboys

Trademarks are kind of funny, they don't have to be registered (ie in the database) to be legal, most aren't registered (the difference between the TM and the R with the circle) but are still legally theirs. I have NO idea if FOTL has a TM for 'Wonderoo' I have no idea what Jess actually got served with, but if they have used the name 'Wonderoo' and put a TM by it before Jess started her business with the name and the tm then yes they are legally right and would win, however it is a huge expensive legal battle that they can afford and she can't, so even if they DIDN'T have the TM (and proof) they would bankrupt her and solve their problem way before they made a dent in their own profits.







sad but it is how business works more often than not.

So just because you didn't find a registered tradmark for "Wonderoo" doesn't mean they don't own it, if you put the TM by a name you own the trademark the only thing that gets you is a name with a TM by it.







however proving it legally is something else, but only something you have to do if legally challenged.


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## Max's Mami

Quote:


Originally Posted by *lindsayloo2020*
Oh Crap...My granny panties ARE fruit of the loom. BUH BYE!

You are cracking me up! Victorias Secret makes low rise full butt underwear that are perfect for pregnancy and post pardum - fit right under the belly.

So throw that crap out! Or burn it!


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## ChaiBee

Quote:


Originally Posted by *Trishas Tribe*
Yeah, I just might stop buying underwear for myself because I found a really great One size diaper...LOL

Are they smoking crack? How does her business harm them in any way? She sells cloth diapers for petes sake.

I think she should rename her diapers...:"Fruit of the Womb" cloth diapers...just to piss em off.

I hate big corporate bullies. Too bad if they want to use it for a future product. It's already taken. This just makes me mad!!

:LOL - You are too funny and SO right!


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## Just*Lindsay

LOL...I know I LOVE VS. My reg undies, thongs are VS. I have a few pairs of VS with butts, I need to get some more. When my son is done nursing, Im gonna throw this crap out and put on my VS butt underwear! LOL I hope they arent dirty! LOL


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## stretchmark

From what I remember when I researched trademarks, if the names are simmilar and you sell the same product is where one would get into infringement.

Like if a store in one town sold lumber and called their store 'good wood' and another store who also sold lumber called their store 'good woods' or something to that effect.

Does FOTL sell diapers?

Even if so, I think the whole concept of the 'roo' part is obviously from kangaroo and that is what pocket dipes and their stuffers are seen as because of the pocket. And Wonder is nothing like Under except for rhyme.

I didn't read all 4 pages but do hope that Jessica (is that her name?) isn't pushed around or stressed out.

I will be writing FOTL too.


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## nurse131

Quote:

Too bad we can't start a company and call it "Fruit of the Loom Stinks." I guess that would be too similar to their trademarked name...
No but you could start a webpage like www. fruitoftheloomsucks .com or other such similar address.

Correct me if I'm wrong but don't they have to prove damage to be awarded damages?!?!?!? Are they kidding? Last I checked they don't make diapers. I can't imagine how they made this amazing leap of logic!!!

I hope you find someone to work pro bono for you Mamaroo! They shouldn't be allowed to win by default!!!!


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## supercrunch

Awwww Jessica









I just want you to know that we're all behind you no matter what.
It was your diapers that brought me over from the 'dark side' and they will always be my faves


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## MissSugarKane

Quote:


Originally Posted by *morebabies*
Even if so, I think the whole concept of the 'roo' part is obviously from kangaroo and that is what pocket dipes and their stuffers are seen as because of the pocket.









I never even thought of that.I had the Wonder Woman sets as a child and I thought we called them wonderoos.So I always thought the diaper was named that because they were the "superheros" of the pocket diaper world.Wow I am losing brain cells by the minute I guess







:


----------



## irinam

Here is mine:

Quote:

I just learned that Fruit of the Loom is suing a small business for having a similar name to one of your trademarks. I am talking about Wanderoos, LLC. I, for one do not have children in diapers any more and was until this point a faithful customer of Fruit of the Loom for both of my kids, my husband and myself. However, as a small business owner I was completely taken aback. Attacking a small business that does not even have enough money to pay for a law suit?!?! And for what? For immaginary "irreparable harm"?!?! Guess what, the "irreparable harm" you are doing right now to yourselves.
I will not be your customer (and MANY other people I know, trust me I talk a lot!)

I would suggest to drop the lawsuit, appologize to Jessica and retain the customers you still have. Remember - most of your customers are MOTHERS who are buying for a whole family.


----------



## ChaiBee

Here's what I wrote:

Is it true that Fruit of the Loom is threatening legal action against the maker of Wonderoos one-size diapers? If so, do you realize that this woman makes DIAPERS - not underwear. I can't see how you have suffered irreparable damage in the eyes of the general public - probably 99.99% of whom have never heard of Wonderoos diapers much less confused them with your silly character underwear "Underoos". I am thoroughly disgusted that FOTL has chosen to take this tactic and my family will be boycotting your company if this allegation is true.

Jessica -







.


----------



## AllyRae

WOW...this is completely INSANE!!!! FotL will not be getting any of my business... Too bad...kids are only in diapers for 2-3 years...then they'd be in FotL for the rest of their lives... They just lost my family's business.


----------



## allformyboys

While they don't sell the same item exactly I believe they are both considered undergarments and therefore in the same catagory?


----------



## Momsteader

Sorry this is happening Jessica! I don't think Mehndi Mom was saying that the press release CAUSED the lawsuit! I think she was just saying that maybe that caught their attention. Press releases are totally what you do when you want to promote your biz and great for bringing in investors, etc. But I think the point just was, that maybe they felt threatened somehow by that and her getting more press? And maybe that's why they decided to NOW come out and get her to change her name.


----------



## nurse131

OK Here's what I wrote to them:

To Whom it may concern. My family and I will no longer be purchasing ANY of your products. I am appauled by your legal action against a work at home mom making diapers. You don't make diapers. I can't fathom how you could begin to claim harm and damages from a mom selling items that are in no way competioion for ANY of your products.
How about the irreparable harm and damage you are doing to her reputation and income.
I refuse to do business with a company who would resort to such blatent bullying of a mom trying to provide a wonderful product for cloth diapered babies and a livelyhood for her family. I will be sure to inform others of your tactics and encourage them all to boycott your products.


----------



## rachdoll

How infuriating!









here is what I sent FOTL:

"Isn't it amazing how quickly word of horrible corporate greed spreads thanks to the world wide web?

I am saddened to hear of Fruit of the Loom's attempt at legal action against a small business, specifically one owned by a work at home mom that makes cloth diapers. This work at home mom happened to come up with a clever name, that, by chance, rhymes with the name of one of your products.

Now, were you in the business of making cloth diapers, or were she in the business of making underwear, there might be more validity to your claims, but from where a bunch of us cloth diaper - loving mamas sit, we do not see how a small DIAPER business can possibly harm your large undergarment business given the fact that YOU DON'T MAKE DIAPERS.

While I would love to hear from you on this, I know that I am not part of the lawsuit in any way and I don't expect to hear anything. Know, though, that until I know that the work at home mom being targeted by your corporation has resolved this with your company, I will boycott Fruit of the Loom, and I will encourage my family and friends to do the same."

Please keep us updated as much as possible, Mamaroo. We are thinking of you.


----------



## Sustainer

Quote:


Originally Posted by *allformyboys*
While they don't sell the same item exactly I believe they are both considered undergarments and therefore in the same catagory?

How do diapers and underwear *compete* with each other? Diapers are worn before potty learning and underwear is worn after pl. It's like saying a company that makes only baby clothes is competing with a company that makes only adult clothes, just because they're both in the "clothes" category.


----------



## Momsteader

Quote:

How do diapers and underwear *compete* with each other?
Not Marnie...but I was thinking that they weren't sueing her for 'competing' but that the names are confusingly similar....like someone looking for 'underoos' might find 'wonderoos' site instead.....but even then....wouldn't they just keep looking for underoos since they didn't want diapers? They wanted underwear?


----------



## sarahbay

Anyone have a snail mail addy for Fruit of the Loom???

I'd love to send them a real paper ltr, harder to ignore and delete! LOL!

I went to school for Paralegal, and one of the things we learned in Trademarks is that anything close to a name that's already out there is grounds for investigation. But still I think it's a totally different market, yes it's still for kids, but it's not fair and will be so much work to get that name changed now that she's been in bus for so long!

Keep your chins up and keep investing in small businesses, even if they have to change their names! LOL!

All those emails can't hurt, and only can help!!


----------



## Sustainer

Quote:


Originally Posted by *CrunchyClark*
Not Marnie...but I was thinking that they weren't sueing her for 'competing' but that the names are confusingly similar

mamaroo said that they want damages "for the unfair competition."


----------



## greyskye

this is terrible...would it be appropriate for all of us to contact our newspapers. get some public reporting on this issue?


----------



## Momsteader

Quote:

mamaroo said that they want damages "for the unfair competition."
Isn't that like legalese for saying that she used the name and because it was close to a 'known' name she was using that to generate a 'good feeling' about her product. Yeah okay....whatever!

I'm just speculating...no trademark, infringement, etc. training here


----------



## 3 Little Monkeys

Yet another example of corporate greed. This is absolutely crazy!

Jessica, we are all behind you 100%! FOTL in the trash as we speak!


----------



## mamaroo

ok a few things I can clear up and others I can't comment on...
they are suing for trademark infringement and are seeking damages for unfair competition and "irreparable harm" I've cause them and "the public" they also seek damages for the advertising they feel will be necessarry to "dispell the public confusion over the two products and the companies that manufactur them"
the bottom line is that many cases like this come up and when they are fought the compnay being sued generally wins the right to keep their name. Of course that costs about $50,000 to go to court.

I will change the name because I can't fight them, I don't have that kind of money. I am still the only person working for Wonderoos LLC so I am definetely a wahm and a small business and I just can't justify going bankrupt over it. I have been assured by my attorneys that I did nothing wrong and that in fact when the wonderoos name was researched prior to us using and trademarking it, the search came up empty, meaning no one ever used that name as a trademark or registered it as a trademark. Those searches are expensive and very thorough and done by attorneys.

I am hurt and angry that I will have to change both my company and product name. I do not harm any underwear manufacturers and actually do them a service if it is true that cloth diapered babies actually potty train earlier therefore require underwear at an earlier age.
What my lawyer says is that corporations that size have the same heart as cigarette companies...they just don't care.
It is likely as well that FOTL has some stake in with a disposable diaper manufacturer and my press release does make it sound like we are really moving up in the world so it presents a conflict of interest for them i'm sure.

Please feel free to email me with any questions. I'm sure you can all understand my frustration and heartache over this. Even if I choose a new name it will be expensive for me considering the need for everything from a new domain name to a new logo, business cards, business checks, LLC paperwork for the name change etc. This will cost me money that I don't have no matter what and so it makes me sad. As a mama this comes just before Christmas and wasn't how I'd hoped to be spending my holidays.

I appreciate your support so very much and I will update as often as I can.
Thank you from the bottom of my heart for your letters, emails and kind posts they mean so much to me at this time.
Jess


----------



## 2much2luv

That is just terrible, Jessica, and I wish I could do something to help. I want to tell you to stand up and fight but I totally understand how impossible that is for you because of the cost.







I will definately be boycotting the losers at FOTL though.


----------



## PatchyMama

(( Jessica )) Let us know if there is anything we can do


----------



## Mom2Lily

Thanks for giving us the scoop Jessica! Boy what a horrible situation. Perhaps after we burn our FOTL's we should all buy a wonderoo for Christmas, or whatever they will be called









Hugs Jessica!


----------



## Sugarwoman

(((((HUGS))))) I'm so sorry Jessica.


----------



## Pam_and_Abigail

I think I broke the rule "If you can't say nothing nice, don't say anything at all", but this just sickens me.
here's mine:
I have just learned that your company recently served a Work-At-Home Mother a lawsuit based on your claims that her cloth diapers, Wonderoos, are infringing on your 'underoos', and that you are suffering from the competition. This just goes to show that somewhere in your company are a bunch of morons who think that customers are going to get confused between diapers and underwear (maybe they wet themselves on a regular basis, and thus can't tell the difference?). This company of ONE employee cannot afford the legal fees involved, even though she legally has the trademark for "wonderoos". Here's what I think: You really STINK! I will never buy any of your products again, and I will inform as many people I can of this ugly atrocity. You should really be ashamed. This corporate bullying is disgusting, and I hope you lose so many customers that you regret you eveer made this move. There are more cloth diapering moms out there than you know. I just hope the owner of Wonderoos can manage to get together the funds she needs to fight you back on this.
-Very Irate Former Customer


----------



## Goddess3_2005

YEAY!!!!!!!!!!!!

Jessica! Everyone, I just called Channel 10 news in Sacramento and they say this is a great story and they are going to put a couple reporters on it!!!!!!!!!!!!!!!!!!!!!! This may just help!!!!!!!!!! Everyone call all the local news places in Sacramento if you live there, lets help Jessica bring down CRap of the loom!!!!!!


----------



## Not Ashamed

mama. I am so sorry you are going through this.

I wrote:
Wow. I am so disappointed to learn that FOTL has brought a lawsuit up against the work-at-home-mom (WAHM) who created Wonderoos pocket diapers. The lawsuit claims that irreparable damages have been done, but how? FOTL doesn't make diapers, and Wonderoos doesn't make underwear. How could this small WAHM-run business possibly do any damage whatsoever to the huge corporation FOTL? And because this one woman could never win against a big business over a "trademark infringement" (of which, there was none, as the name was NOT a registered trademark when Jessica created Wonderoos), the WAHM will have to change her product's name. As I am sure you know, this is NOT an inexpensive, easy thing to do. You are effectly putting much financial hardship on this mother, and right before Christmas! Before today, I thought of FOTL as a company with strong family values. No longer. I am saddened to say I will no longer be purchasing your products. I would much rather support a company that doesn't do "irreparable harm" to their biggest customers -- families.


----------



## kyle98sean02

I'd really like FOTL's mailing addy too because I'd like to send them back the products we will no longer be using from them. On second thought, ds's are quite stained and they may be able to claim we used them as diapers. Maybe I'll sel them on ebay and put the $ in a paypal account to help Jessica fight back or change her name. I wrote a letter, but I wasnt as eloquent as I have seen posted here.








Jessica and family. I wish I had a legal background or a huge pile of $ to help


----------



## danzarooni

Quote:


Originally Posted by *bobica*
I will be happy to spread the word to all my friends- most have children, and I am pretty sure all wear underwear."

:LOL


----------



## didelphus

Jessica, let us know if you need us, the cloth diaper community, to do anything for you. Whether it be letter writing, money, support, whatever, I think there are a lot of us and we seem to be very mouthy!!


----------



## Goddess3_2005

I beleive Fruit of the Loom is based in New York, any NY moms want to picket them?


----------



## Izzybee

Jessica, I will not buy any FOTL product unless they back off.


----------



## mamaroo

ok so here's what my attorney says....

I need to find a new company name and a new product name so anyone with ideas let me know there will be diaper rewards if I choose your name!!!

Basically I should not send any more letter etc because they won't care and it's better to stay quiet and see if I can't get a settlement out of them.

But of course "I" can't control what anyone else has to so by all means mamas express yourselves!

Now Channel 10 news in Sac,...that would be awesome since I live 20 minutes from there. That's the kind of attention we need for this! My phone number is listed on my website (707) 469-9885 if anyone needs it or if anyone wants to pass it along. That would be great

thank you thank you for all the support I hope we can get through this and still come out on top

Jess


----------



## mamamoo

Good luck...I hope the news station picks it up, and we will boycott as well.


----------



## kblue

Jessica!! How stressful and terribly unfair!

Does anyone know if there are other products made by the FOTL company? Are they a parent company or part of a larger corporation? (I just want to know so that I can boycott all of it!)

Quote:

YEAY!!!!!!!!!!!!
Jessica! Everyone, I just called Channel 10 news in Sacramento and they say this is a great story and they are going to put a couple reporters on it!!!!!!!!!!!!!!!!!!!!!! This may just help!!!!!!!!!! Everyone call all the local news places in Sacramento if you live there, lets help Jessica bring down CRap of the loom!!!!!!
Good work, mama!


----------



## Full Heart

Well they will be getting plenty of emails let me tell ya. My mother just sent one off, and I will too.

I am embarrassed and ashamed to say I am wearing FOTL. I will be burning them toot sweet. (as an aside dh will be very happy lol)

I will spread the word and will not be buying any more FOTL.

(((hugs))) jessica.

Michelle


----------



## ChattyCat

Jess- So sorry to hear about your troubles! FOTL sucks!! Anyway, as for a new name...
How about KangaPoos! :LOL
Still has the same idea behind it, but it's a little humorous! Anyway, I hope FOTL gets off your back, and hopefully gives you some money to redo your business!


----------



## Pam_and_Abigail

KangaPoos would probably get Disney on your butt (no pun intended)!
wunder-poos?


----------



## nurse131

The FOTL website lists an unconditional guarantee:

"You can buy Fruit of the Loom products with confidence ... we stand behind every product we sell. That's why we offer our unconditional guarantee:
If you are not satisfied with any Fruit of the Loom product, return it to Fruit of the Loom. You will receive a new one, if available, or your money back."

I say we all box up all our no longer wanted FOTL garments and demand our money back....


----------



## greyskye

anyone live in bowling green, ky?
the fotl operational headquarters are there

i dont live in ky but that might be a good news station/radio/newspaper to contact as well


----------



## kblue

Edited because I did find a physical address:

http://biz.yahoo.com/ic/11/11960.html

AND...

http://www.business.com/directory/re...m_inc/profile/


----------



## nurse131

How about WonderPouch?
Or Joey Grow with Me
or Roo-Pockets (Probably too close to Poo Pockets though)
or Down Under Wonders

hmmmmmmmm

I'm sure you'll come up with something perfect. But I'm still hoping you don't have too. Could you put the business on temp hold and not institute any changes until they back down? Or if you change it and then they back down I'd go after them for the expenses incured.


----------



## Sustainer

Quote:


Originally Posted by *kellieblue*
Good work, mama!









Yes! You totally rock, Goddess3_2005!


----------



## mistymama

Quote:


Originally Posted by *nurse131*
The FOTL website lists an unconditional guarantee:

"You can buy Fruit of the Loom products with confidence ... we stand behind every product we sell. That's why we offer our unconditional guarantee:
If you are not satisfied with any Fruit of the Loom product, return it to Fruit of the Loom. You will receive a new one, if available, or your money back."

I say we all box up all our no longer wanted FOTL garments and demand our money back....

That's great!! I'm gather all of our FOTL product tonight and sending them back tomorrow! I've even got some nasty old boxers my husband left behind when we seperated this summer ... I'm sending a scathing letter as well. And if they send me replacements, I'll return those as well.

If enough of us persist on this, just maybe we can get their attention.


----------



## Jumblepuff

Fruit of the Loom
1 Fruit of the Loom Dr.
Bowling Green, KY 42103 (Map)
Phone: 270-781-6400
Fax: 270-781-6588


----------



## Artisan

I sent my feedback as well. This is just ridiculous.


----------



## Ok

Quote:


Originally Posted by *Pam_and_Abigail*
KangaPoos would probably get Disney on your butt (no pun intended)!
wunder-poos?

:LOL

or

PooPaRoos

Roosabout

I'm such a twit I made the Roo connection, but not the kangaroos-have-pockets...

PossumPouch

And for what its worth, I live in a part of NC that changed area codes 2x in less than 10 yrs and that alone really stunk for business. I can't imagine a 1person company having to shoulder the cost of changing everything







:

And since I'm feeling chatty... too bad we can't get someone at Hanes to help knock a little whompa$$ into FOTL. They've got the people-power and $$ to help take 'em down.


----------



## Full Heart

I got one:

Business Envelops....because they are for doing your business in, lol.

Michelle

ETA: Not your business...I'm such a nut. For babies to do their business in, lol.


----------



## greyskye

new name:
seahorse pouchies

seahorse bellies

seahorse bottoms

seahorse armour

seahorse pants


----------



## ChaiBee

Jessica - is it possible to roll with it and not do anything about changing your name until it gets to court - maybe have your lawyer file a motion to dismiss?


----------



## Book Addict Jen

http://www.fool.com/dtrouble/1999/dtrouble990914.htm

Fruit of the Loom is a major producer of a variety of clothing products. Those products include underwear, activewear, and children's clothing sold under a diverse number of brand names including Fruit of the Loom, BVD, Gitano, and Underoos.

Fruit of the Loom is owned by Berkshire Hathaway, Inc. A list of all Berkshire Hathaway subsidiaries:
http://www.berkshirehathaway.com/subs/sublinks.html

Put the pressure on all of them!


----------



## flminivanmama

someone said "down under wonders" that's cute









Jessica I think this is awful and I will never buy another FOTL product again. I hope you fight them - find someone to fight on your behalf - because this is just wrong.

Disney sues daycares and other places that use their images down here all the time and I can't stand it. also blockbusters headquarters used to be in my city and a pizza place on the same street was called "Buster blocks pizza" and blockbuster went after them and I think that the pizza place won. I will have to look that up....


----------



## ChattyCat

Let's see more names:
MarsuPoos (like marsupial)
One-Koala-Poo (kind of like counting one koala, two...)
Wombat-Wonders or Wallaby-Wonders
umm, I'm still thinking...


----------



## apcanadianmamma

Quote:


Originally Posted by *Diaper_Addict_Jen*
http://www.fool.com/dtrouble/1999/dtrouble990914.htm

Fruit of the Loom is a major producer of a variety of clothing products. Those products include underwear, activewear, and children's clothing sold under a diverse number of brand names including Fruit of the Loom, BVD, Gitano, and Underoos.

Fruit of the Loom is owned by Berkshire Hathaway, Inc. A list of all Berkshire Hathaway subsidiaries:
http://www.berkshirehathaway.com/subs/sublinks.html

Put the pressure on all of them!


Thank you. I'm boycotting all Berkshire Hathaway products now....

(the only thing that is going to hurt is pampered chef...)


----------



## ChattyCat

...Tasmanian Devil Dipes
Bandicoot Bums...


----------



## Max's Mami

Jess I am just so sorry for all of this - and at such a bad time of year. I cannot believe that stuff like this is legal!







:

I really hope that we can make an impression on them even if only to make them think twice about doing it next time.

I have a friend in PR. I am going to call her and see what she can do about the TV stations here.


----------



## binxsmom

do ya think you could file a countersuit somehow? and maybe find an attorney to take on the case for the p.r., a small pittiance and anything that may be re-couped from the countersuit. just a thought. though highly unlikely.


----------



## BBerryBliss

I wrote a letter too. All of our underwear are fruit of the loom! Guess I'm going underwear shopping tonight.

Quote:


Originally Posted by *Diaper_Addict_Jen*
http://www.fool.com/dtrouble/1999/dtrouble990914.htm

Fruit of the Loom is a major producer of a variety of clothing products. Those products include underwear, activewear, and children's clothing sold under a diverse number of brand names including Fruit of the Loom, BVD, Gitano, and Underoos.

Fruit of the Loom is owned by Berkshire Hathaway, Inc. A list of all Berkshire Hathaway subsidiaries:
http://www.berkshirehathaway.com/subs/sublinks.html

Put the pressure on all of them!

International Dairy Queen, Inc. is on the list..


----------



## ldaughrity

I just wanted to say yeah to a WAHM who started a business that could scare a big corporation. I know it is all rediculous and hopefully it will get worked out to your benefit way before anything has to happen, but really...







:LOL

I will send my thoughts there way and good luck to you in keeping your name as is without a ton of hastle!


----------



## KermitMissesJim

Hmm, Berkshire has RC Willey furniture, which is a fixture here in UT. I've never bought from them, and I won't, either!

Can you call it a WonderPouch? Same concept, right?


----------



## Full Heart

Quote:


Originally Posted by *Diaper_Addict_Jen*
http://www.fool.com/dtrouble/1999/dtrouble990914.htm

Fruit of the Loom is a major producer of a variety of clothing products. Those products include underwear, activewear, and children's clothing sold under a diverse number of brand names including Fruit of the Loom, BVD, Gitano, and Underoos.

Fruit of the Loom is owned by Berkshire Hathaway, Inc. A list of all Berkshire Hathaway subsidiaries:
http://www.berkshirehathaway.com/subs/sublinks.html

Put the pressure on all of them!

Does anyone have email addy for Berkshire Hathaway, Inc? or snail mail?


----------



## Sustainer

Quote:


Originally Posted by *Diaper_Addict_Jen*

Fruit of the Loom is owned by Berkshire Hathaway, Inc. A list of all Berkshire Hathaway subsidiaries:
http://www.berkshirehathaway.com/subs/sublinks.html

Oh dear. So, no more Benjamin Moore paint, Geico auto insurance, Dairy Queen, or Pampered Chef, among other things?


----------



## rachdoll

WonderPoos?

I like PooPaRoos, too.


----------



## JohnnysGirl

Oh, "Down Under Wonders" is really cute!


----------



## Book Addict Jen

BERKSHIRE HATHAWAY INC.
1440 Kiewit Plaza
Omaha, NE 68131


----------



## Book Addict Jen

Wonder Unders
Wonder Wear
Wonder Wrap

I like "Down Under Wonders" too!


----------



## cj'smommy

Let us know how the news story goes!!

Off to pack up DH's tightie whities (esp the old holey ones) and send them off!


----------



## Book Addict Jen

Let him wear them first & forget to wash them!


----------



## Goddess3_2005

Well FOTL can kiss my , well you know!

I told DH that I was going to burn all his FOTL and he panicked. He was all I won't have any underwear.

Now that I know that they have an unconditional $ back thing, I think I'll send them all of those lovely poop stained undies I was going to throw out, LOL


----------



## papaya rain

Someone needs to send an email to John Stossel on the show 20/20 so he can do a "Give Me a Break" segment on this ridiculous lawsuit!! I would do it, but I am awful at writing those types of things!


----------



## cj'smommy

Quote:


Originally Posted by *Diaper_Addict_Jen*
Let him wear them first & forget to wash them!

:LOL Oh yeah! I'll hit the dirty clothes heap!


----------



## Goddess3_2005

Here we go girls,email 20/20

http://abcnews.go.com/2020/story?id=123566&page=1

Heres the link. Lets see how many people we can get to email them!


----------



## danzarooni

oh I like Down Under Wonders!

better than my WonderButtCovers :LOL


----------



## irinam

Quote:


Originally Posted by *Full Heart*
I got one:

Business Envelops....because they are for doing your business in, lol.

Michelle

ETA: Not your business...I'm such a nut. For babies to do their business in, lol.

I love this one







(hope there is no "Business Envelope" company that will alledge that their customers are confusing stationery with Cloth Diapers, LOL)


----------



## supercrunch

and as far as new name options go...my only suggestion is to steer clear of any name that involves 'poo' or 'pee'









I have an aversion to dipes who have direct references to bodily functions in their names :LOL


----------



## ChristyH

I guess I can give up my Dairy Queen since they are on the list, but it's a good thing Sonics not on there! :LOL
I'll be writing Berkshire Hathaway as well!


----------



## kblue

Dairy Queen














Their Blizzards are practically a staple in my and dh's diet.







Buh bye Chocolate Extreme Blizzards!


----------



## mistymama

Quote:


Originally Posted by *Goddess3_2005*
Here we go girls,email 20/20

http://abcnews.go.com/2020/story?id=123566&page=1

Heres the link. Lets see how many people we can get to email them!

I just emailed them.


----------



## Full Heart

Quote:


Originally Posted by *Diaper_Addict_Jen*
Let him wear them first & forget to wash them!


Oh good. I didn't know if I should wash them first...saves me some laundry.









Michelle


----------



## LizaBear

So did I

Quote:

There is a woman named Jessica Burman, who runs a home-based business making cloth diapers. Her business is called "Wonderoos, LLC"

SHe has recently been served with a lawsuit claiming "ireparaple harm" from Fruit of the Loom Corporation, and been requested to change her business and product name because it is causing "confusion" with the Fruit of the Loom product "Underoos" - children's underwear.

I'm not exactly sure how FOTL thinks someone shopping for children's underware (typically shopped for in department stores, real brick & mortar places) would be confused into purchasing an infants diaper from an online only store.

This is costing this mom huge amounts of time & money - either to change her business and product name, or to fight this unfounded lawsuit.

Jessica can be contacted via her website : http://www.wonderoos.com/


----------



## mistymama

Quote:


Originally Posted by *Diaper_Addict_Jen*
http://www.fool.com/dtrouble/1999/dtrouble990914.htm

Fruit of the Loom is a major producer of a variety of clothing products. Those products include underwear, activewear, and children's clothing sold under a diverse number of brand names including Fruit of the Loom, BVD, Gitano, and Underoos.

Fruit of the Loom is owned by Berkshire Hathaway, Inc. A list of all Berkshire Hathaway subsidiaries:
http://www.berkshirehathaway.com/subs/sublinks.html

Put the pressure on all of them!


Oh crap. See's candies AND Dairy Queen.

Thanks for that list. One of my good friends is a Pampered Chef rep too.


----------



## cj'smommy

How about Diaperoo? Or is that too similar to Wonderoo?

I sent mine off too, I'm looking to get a couple of friends to do it as well.


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## Trishy

_Mod note: While I realize that this thread is about a diaper and a diaper WAHM, the focus of it is about taking action about this company, making it an Activism issue. This thread will be moved to Activisim and any further threads about the subject should also be started in Activism. Thanks._


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## loving-my-babies

I love "Down Under Wonders"!!


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## AllyRae

Holy cow...I just emailed dh and told him about this... He immediately wrote a long complaint letter to FotL via Planet Feedback, and made it clear to them that he, a long time customer, is officially boycotting! Go DH!!


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## phathui5

I let FOTL know that we won't be buying their products.


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## radish

Oh mama, i am so sorry for this. I am in Sac and would love to help in any way. Please email me at [email protected] with any local update. Goddess32005, i PMd you too









Off to send an email to FOTL.


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## radish

Can we please cross post this in Activism AND Diapering? I really think it should be in both. Some CD mamas dont venture out of diapering, and may never see this (another can of worms, I know..)

PLEASEEEEEEEEEEEEEEE!!!!!!!!!!!!!!!!!!


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## Sustainer

Kangawongas
WonderWallas
WonderWombas

with the help of an online translator:

Wonderzaks
(zak = dutch for pocket)

Wonderbols
(bolso = portuguese for pocket)


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## M2K

that really stinks that this is happening, I love our wonderoos...er....whatever the new names going to be. Im lacking creativity, hopefully you'll be able to come up with a name that suits your buisiness, wonderalls is the only thing I could come up with, being as the fit all sizes...lol...I wish you luck.


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## Lizzie3143

Quote:


Originally Posted by *Butterflymom*
Oh, "Down Under Wonders" is really cute!









me too!!

i'd boycott FOTL too but i don't wear undies.







:LOL but i certainly will never buy FOTL undies for my kids.


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## greenluv

How many people have sent this to 20/20?? I think it's a great idea!


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## umefey

Im sending some emails >:[
We could also send letters to stores that carry FOTL products threatening boycott....

If you do have to change your business name, i used to do graphic art professionally and would help you redesign for no charge :]


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## User101

Here's my letter to FOTL:

Quote:

It has come to my attention that you have recently initiated a lawsuit against a work-at-home mother who owns and operates a cloth diapering business. Ostensibly, you have done this because you are afraid people will be confused by the supposed similarity in the name of her diapers- Wonderoos- and your underwear for children- Underoos. We use both cloth diapers and underwear, and have never confused the two. We will, however. np longer be using your particular brand of underwear or any other clothing that you manufacture. They say that people will be known by their fruits; your company's fruits are truly rotten, and we will no longer be supporting you.


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## emblmrgrl

Sending emails...


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## ustasmom

My dh says that Fruit of the Loom will mostly likely win their case. There is a similar case that has set precedence. There was a store called something like Victor's Secret that sold women's undergarments. Victoria's Secret sued and won. He doesn't believe that they won a monetary judgement BUT the store did need to be renamed.

So, if FOTL does own Wonderoos (from WONDER woman underOOs), they will absolutely win.

I do love the name Fruit of the Womb. Somebody needs to use that name.


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## 2much2luv

Thay DON"T own Wonderoos if I understand correctly. And this is alot different than Victor's Secret vs Victorias Secret because both of those stores sell underwear. Wonderoos sells Cloth diapers and FOTL sells underwear...no diapers. So not the same thing.


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## User101

Quote:


Originally Posted by *ustasmom*

I do love the name Fruit of the Womb. Somebody needs to use that name.









Like Jesus?

Luke 1.42










ETA: Chances are He wouldn't sue...

Annette


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## mamaroo

They do NOT own the name Wonderoos at all. That was just wrong information. I have the paperwork and the problem is Wonderoos is similar to Underoos. It says nothing about them ever owning the word wonderoos.

Fruit of the Womb dot com is in use actually.

Also there is a case that would show that I could win as my attorneys believe I would. Dreyers Ice cream vs. Breyers ice cream went to court and Breyer's won the right to keep their name even though they were selling a competing product under a name with only 1 letter different from the existing company. I am selling a non-competing product with 2 letters difference AND I can prove than my product name is relevant to my product as well.

So there is a more relevant case showing that I could win.

It's a little unfair that they will win by default though, I'd prefer to at least be able to fight.


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## crunchywannabe

I like wonderfulroos...still similar to your old name so that your customers won't be confused about the name change.

and this has been posted ALL OVER...amitys, mama drama, and I am taking it off to the bungalow if it isn't there yet....we are ALL writing letters.

best of luck Jessica!


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## LizaBear

Got this back from ABC :

Quote:

Thank you for sharing your story with 20/20. It is important to us to hear from you. Your comments will be passed along to John Stossel and just might be included in his weekly e-mail. To subscribe, please sign up at http://register.go.com/ABCNews/login...Redirect=lists

Cordially,

ABC News 20/20


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## lotusdebi

I wrote a letter.
And I don't use Fruit-of-the-Loom OR Wonderoos (though I would, if my son wasn't already 35 lbs.).

My SO wants to name his one-day-I'll-rule-the-corporate-world-muah-ha-ha cloth diaper "Crap Trappers". Now, I know my SO will never invent his own cloth diaper (neither of us sew at all!), so it's up for grabs. (He also named many other imaginary businesses, if anyone's interested).


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## Sustainer

Quote:


Originally Posted by *ustasmom*
There was a store called something like Victor's Secret that sold women's undergarments.

The name "Victor's Secret" is a lot closer to the name "Victoria's Secret" than "Wonderoos" is to "Underoos." Plus, as you say, Victor's and Victoria's both sold women's undergarments. Wonderoos sells only diapers. FOTL does not sell diapers.

Quote:

So, if FOTL does own Wonderoos (from WONDER woman underOOs), they will absolutely win.
Owning "Wonder Woman Underoos" is not the same thing as owning "Wonderoos."


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## jenny0314

Unbelieveable! I emailed them and I think I might also take advantage of their unconditional guarantee. My DH wears FOTL underwear so this weekend I'm going to go buy him all new underwear and box up all his old nasty stuff and mail it to them. They can stuff it!


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## Annette&Aden

I gave FOTL a piece of my mind and I also emailed Oprah! She loves to help regular folks! Everyone, email her!

Oprah


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## be11ydancer

Hmmm... thinking of names and they're hard to come up with. But I second the poster who said not to include the words "poo" or "pee". That just turns me off from a product. Anyway, here are my name ideas:

Wonder-Unders
RooRoo's
BabyRoo's
ThunderRoos
Comforoos (Like COMFORtable-ROOS)
Wonderkins
RooKins
BeeBo's Happy Dipes
BeeBo Bums
BebeRoos
Happy Bebe
BebeKins
WonderDipes
Dipeyroos
Snappyroos
Pookieroos
Pookie Dipes
Pookiekins
my DH insists - Poopunch-A-Roos
Bumaroos
Bummyroos
Bum-Happy Diapers
Smiley Bum Diapers
Bugaroos
Zippityroos

Wow, I could just go on and on with these name. I don't know if anyone else is using these names, BTW. I'm just kind of combining the name Wonderoos with nick names my kids have.


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## Goddess3_2005

Jessica,

Any word from the news stations yet? I say screw their deadline, it will take months for them to get you into court and by then we can raise quite a stink.


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## kyle98sean02

If you changed the spelling would that count?
Wonder-u's
Wonder pants
Wonder pockets


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## meco

Quote:


Originally Posted by *Goddess3_2005*
I checked the Trademark database, the do not own the term "Wonderoos" In fact no one dose. Next thing you know they'll start sueing Kangaroos for using the part "roo" in their name.


It has been a long time since I had a law class and someone may have mentioned this...but you do not have to register a TM. It is wise, but not required. I believe the first person to use it--and can prove it--has rights.


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## abigailvr

Quote:


Originally Posted by *kyle98sean02*
If you changed the spelling would that count?
Wonder-u's
Wonder pants
Wonder pockets

Pam from Wooly Wonder calls her wool pants "Wonder Pants." I doubt that she would sue you, but it might be confusing.


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## monkaha

Hey y'all that are sending your nasty panties back, make sure you tell them to send you new ones! Even if you won't use them, homeless/women's shelters would love them. Plus, that way you're costing FOTL money-sic it to 'em gals!!

(we're a hanes family from way back, btw)

Anyone get replys from the company?


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## meco

does anyone know if they *do* have any stake or offices in NYC?

In case they do and anyone wants to call

Quote:

If you have a news tip, call our Assignment Desk at 212-NY1-NEWS (212-691-6397)
If you have a problem that you feel should be investigated by the NY1 For You assistance unit, call 212-379-3599.
To contact the New York Tonight staff with comments and/or story ideas, call 212-379-3495.


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## ethanplusone

This is a total bummer and very distressing. I'll be sending an e-mail here in just a moment. Jessica, I'll support you in any way I can. *hugs*


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## ethanplusone

I like Down Under Wonders! What about WonderCloth? WonderSnap? I'm no good at these things.


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## boingo82

I'm sorry Jess. Your wonderoos were the 1st cloth dipes we tried. I mailed FOTL too. Any way you could countersue and get an attorney to take the case pro-bono?


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## Star

I'm definitely boycotting FOTL!

How about for a name: "The diapers formerly known as Wonderoos".


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## ethanplusone

Here's what I am sending to FOTL:

Quote:

I understand that FOTL has developed a lawsuit against a work-at-home-mother named Jessica Burman who sells Wonderoos(tm), the "one-size pocket cloth diapers". I understand you are seeking damages for unfair competition and "irreparable harm" Ms. Burman caused your company and "the public". I understand you are also seeking damages for the advertising your company feels will be necessary to "dispell the public confusion over the two products and the companies that manufacture them". FOTL, I think you should be ashamed of yourselves! Picking on a mom-and-pop business when you could be spending your time and money on worthier causes. I will no longer buy your products, and I will be advising all of my friends and family to do the same. It's lawsuits like this one that give companies like yours a bad name.


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## LaffNowCryLater

I emailed FOTL too.

I LOVE "Down Under Wonders"


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## Sustainer

WooRoo Wonders?

Or just Roo Wonders?


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## Annalisasmom

I can't believe that!!! No more FotL for us!


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## ma2maya

What do you guys think of starting a legal fund for Jessica? This is something that FOTL should not get away with. They are banking on small businesses to back down b/c they don't have the resources to fight their well-funded legal teams.

I think we can do this through PayPal maybe to make it easier for people to contribute. Maybe some of us other WAHMs would also like to do some charity auctions.

If we do this would someone with some web skills be willing to donate a little time and space to creating a little informational web page that we can direct people to?

Jessica, can we do this for you?
BTW- I have emailed you with a helpful(possibly) resource.

Kathy


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## SommerNyte

I haven't had time to read this whole thread, so forgive me if I repeat anything that has already been said.

You can use a great service called Planet Feedback at http://www.planetfeedback.com to send a letter directly to the "bigwigs" of FOTL customer service. Planet Feedback is for writing letters to companies. They keep all of the contact information on file, and usually send the letter to the higher-ups. I have used it with great success. The other great thing about it is that you can set your letter to be public, so if anyone else does a search for FOTL on the site, they will find and read your letter.

Also, I don't know if it would do any good, but perhaps a petition at Petition Online (http://www.petitiononline.com) would be a good thing to start, so that eveyone's names and complaints can be collected in one place and presented to FOTL. It may even be a useful thing for Jessica's lawyers (should she need to go to court) to show just how many people can attest that they have never confused Wonderoos and Underoos. It could be circulated to both CD moms and people who have never heard of Wonderoos at all.


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## SommerNyte

I am a web designer/programmer and could set something up - IF Jessica wants us to. It may not be in the best interest of her legal situation to do so.

For a name, how about Diaperoos? No one owns the word "Diaper," but not sure if there may already be a "Diaperoo" out there...


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## Not Ashamed

Good news! http://www.mothering.com/discussions...d.php?t=219033


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## nurse131

YAY!!!! We did it!!!!!!!!!!!!!!!!!!!!!!

Way to go Mamas! Way to go Jessica!!!!


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## Sustainer

That is GREAT news!













































The BEST news!!!


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## yoga

Situations like this just allow me to understand how major a force ppl are when we stick together. This is a beautiful scenario.


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## greyskye

good for you....congrats
taking action can make a difference...how inspiring


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## Hera

Whoops! I'll change this to HOORAY!

I love my Wonderoos!


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## Sustainer

I think the OP needs to edit the title of this thread to: "A WAHM takes on corporate America AND WINS!!!!!"


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## SAHMinHawaii

Even though this issue has been resolved..i sent them a piece of my mind as well. What would my Wonderoo Baby be without her wonderoos?









It's ashame that Jessica had to go through all the stress.


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## Rising Sun

I just want to say, before I express my opinion, that I would be very upset and worried if I was in Jessica's position. I know it must be hard, and I am happy that there is resolution.

I have to say, though... I'm seeing FOTLs point as well. While Jessica may not have named Wonderoos after Underoos, the name is confusingly similar and they have a legal right to protect their name and brand. They aren't going after the little guy, they are protecting their biggest company asset.

So, it is not clear yet if they have the name trademarked, but they most likely have. What is clear is that the name is confusingly similar and is an infringement.

Basically, no matter what size the company is, they are using a similar name to Underoos, which trades on FOTLs equity, with no benefit to FOTL.

I have a hard time putting all of this into words, so please forgive me. I am ALL for the small guy, and purchase from wahms and small person owned businesses whenever I can. HOwever, I will not let that shade my reality. FOTL has a lot invested in their name, brand, and products. They are willing to invest a lot in protecting those things as well.

What's funny is that if it was reversed... say I started a site www.fluffmail.com or puffymail.com and got good business. People would ream my ass into the ground over the name. Now, a small business does not deserve more rights than a large one. I guarantee that the fluffymail gals would threaten a lawsuit if I didn't change my name. My loyal customers would jump to my defense saying that they NEVER confused the two. They would go on about how unfair it was of the larger wahm going after me. This is how business works. I had a company called, Cotton Tails ORganics. It was my baby.... I loved my store. However, I saw a diaper service from some other city (country?) surface on ebay selling off their prefolds, and they were called, "Cotton Tails". I checked, and they were around before me. I shut down my store, and had to start giving all inventory with my business name on it to friends and family. I was sad, but I don't want to tread on somebody elses territory and risk a lawsuit. I still own the domain, www.cottontailorganics.com, but do absolutely nothing with it. I'm waiting for it to expire.... the names are just too similar.

Now, granted, Wonderoos sells diapers and Underoos are undies... that's a good thing, but they are similar items. If FOTL wanted to persue it, they would most likely win.

FOTL is not some huge corporate giant trying to plow down all the little diaper makers. They are a large company who started as a tiny business and have invested much into becoming what they are. If they didn't start using cheap and crappy cotton and substandard workmanship, I would wear their underwear.

I also would like to point out that if people are sending in their dirty undies, the person who is making $10 an hour at most, and does all the crap work is going to be the one opening it. Some nice college student who is scraping by and paying her way through school will open up a bunch of dirty undies and have to inventory them, then throw them away. She won't be having a very good day, and for what? To prove a point to her? She'll just hate her job and the stay at home moms who make it hell. I remember my friend having such a jjob, and it isn't pretty when the lowest on the totem pole has to handle all the crap that people do to prove a point.

Anyway.. that's my two cents.

Teri


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## Viola

Quote:


Originally Posted by *Tree Huggin Hippie*
They aren't going after the little guy, they are protecting their biggest company asset.

I was thinking the same thing. If they don't go after the cases of potential infringment, then they could set a precedent and not be able to protect themselves from future problems on a much larger scale. Thankfully, however, they were reasonable and realized that Jessica is not harming them, so they can make a legal arrangement where it can work out for everyone. Bet it's more than Microsoft would do. Or the person who makes those Taggies blankets and books who has already threatened people on eBay who are selling similar products.

Anyway, congratulations to Jessica for getting to keep her name! It is very inspirational what a dedicated group of mamas can accomplish.

As far as wahms going after other wahms, oh yeah, I've seen it happen a few times and it ain't pretty!


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