Bluesky Shellac??

[soriminah]

Do u honestly think CND would take a risk by NOT trade marking this all over the world??

If you click the links that others have posted, the word Shellac, on it's own along with other combinations HAS be trademarked by CND

If you are meaning the links I provided, they may have trademarked the word shellac, but it also means right down to the very detail of the font used, etc. It doesn't mean the word shellac no one else can use. It has to be exactly the way that CND lodged in their trademark.

Trademarks are very complicated because different countries around the world have different laws. The link I provided was American. It doesn't mean that it covers other countries. The designations TM and SM are often used for trademarks and service marks that are not registered, and serve as informal notices to the public that a word, logo, slogan, design, etc., is being used as a mark and reflects the owner’s intent to claim trademark rights in the mark. However, the right to use one of these symbols does not guarantee that the owner will succeed in a claim under the trademark laws.

If you read information on the Madrid Protocol, trademarks are not universal. The Madrid Protocol only covers 80 or so countries worldwide.

And to complicate matters further, trademarks are not patents. A patent is a government grant of an exclusive right to prevent others from practicing a new invention for a limited time. A patent is the only way in most countries to protect a new and useful invention and it must generally be applied for before any public disclosure of the invention. In some jurisdictions, such as the United States, a grace period is provided so that an application can be filed up to one year after disclosure.

CND C Color Shellac is currently patent pending. So that may change the whole ball game but at this stage it does not give CND exclusive right over producing Shellac. That's why other companies can do it.

At the end of the day, it would be too time consuming and cost far too much money for CND to try and stamp out other companies riding on their coat tails. They would have to take legal action against all other companies and then there would be no guarantee that they would win depending on the country the product is produced in. They are probably just happy to let their product speak for itself and the techs that use it to educate their clients what the difference between CND and other brand shellac is.

 

[NancySyd]

If you are meaning the links I provided, they may have trademarked the word shellac, but it also means right down to the very detail of the font used, etc. It doesn't mean the word shellac no one else can use. It has to be exactly the way that CND lodged in their trademark.

I don't believe that is accurate. Looking at the link, CND has registered quite a few trademarks - 104! The first and third Shellac trademarks are for the design and logo with a specific font and format, but the second and fourth ones appear to trademark the names "CND Shellac" and "Shellac" in any format.

 

[xsammi82x]

In my understanding, they have trademarked the font and the industry that it is used in so therefore Bluesky are in breech of copyright. I'm not a solicitor but it is clear that this is an out and out infringement

 

[Lovebeauty14]

Legal stuff gives me a headache. Thank God I've just got beauty & nails to think about! ;-)

 

[Princess Layla]

Legal stuff gives me a headache. Thank God I've just got beauty & nails to think about! ;-)

I wish I could like this post!

 

[xsammi82x]

Legal stuff gives me a headache. Thank God I've just got beauty & nails to think about! ;-)

I also wish I could like this! Ha! X

 

[gellybaby]

If you are meaning the links I provided, they may have trademarked the word shellac, but it also means right down to the very detail of the font used, etc. It doesn't mean the word shellac no one else can use. It has to be exactly the way that CND lodged in their trademark.

Trademarks are very complicated because different countries around the world have different laws. The link I provided was American. It doesn't mean that it covers other countries. The designations TM and SM are often used for trademarks and service marks that are not registered, and serve as informal notices to the public that a word, logo, slogan, design, etc., is being used as a mark and reflects the owner’s intent to claim trademark rights in the mark. However, the right to use one of these symbols does not guarantee that the owner will succeed in a claim under the trademark laws.

If you read information on the Madrid Protocol, trademarks are not universal. The Madrid Protocol only covers 80 or so countries worldwide.

And to complicate matters further, trademarks are not patents. A patent is a government grant of an exclusive right to prevent others from practicing a new invention for a limited time. A patent is the only way in most countries to protect a new and useful invention and it must generally be applied for before any public disclosure of the invention. In some jurisdictions, such as the United States, a grace period is provided so that an application can be filed up to one year after disclosure.

CND C Color Shellac is currently patent pending. So that may change the whole ball game but at this stage it does not give CND exclusive right over producing Shellac. That's why other companies can do it.

At the end of the day, it would be too time consuming and cost far too much money for CND to try and stamp out other companies riding on their coat tails. They would have to take legal action against all other companies and then there would be no guarantee that they would win depending on the country the product is produced in. They are probably just happy to let their product speak for itself and the techs that use it to educate their clients what the difference between CND and other brand shellac is.

personally, I don't trust CND products because they seem to lie about everything. Like, we know that we can cure their shellac with an LED lamp. It works perfectly fine and lasts just as long as with their lamp. They say their shellac is doorless, but it's not (it does have a smell.) and I don't see much difference at all between their product and the Bluesky product to be honest. And to top it off, bluesky shellac has a US trademark, so, it's not as if CND own the word 'shellac' and it's not sure whether Bluesky had made the idea first and CND just uses their products under their own brand and made up a whole story around it to brand their stuff.

 

[Peter D]

personally, I don't trust CND products because they seem to lie about everything. Like, we know that we can cure their shellac with an LED lamp. It works perfectly fine and lasts just as long as with their lamp. They say their shellac is doorless, but it's not (it does have a smell.) and I don't see much difference at all between their product and the Bluesky product to be honest. And to top it off, bluesky shellac has a US trademark, so, it's not as if CND own the word 'shellac' and it's not sure whether Bluesky had made the idea first and CND just uses their products under their own brand and made up a whole story around it to brand their stuff.

Runs away and finds somewhere to hide!!!! :Scared:

 

[mizzy_dizzy]

personally, I don't trust CND products because they seem to lie about everything. Like, we know that we can cure their shellac with an LED lamp. It works perfectly fine and lasts just as long as with their lamp. They say their shellac is doorless, but it's not (it does have a smell.) and I don't see much difference at all between their product and the Bluesky product to be honest. And to top it off, bluesky shellac has a US trademark, so, it's not as if CND own the word 'shellac' and it's not sure whether Bluesky had made the idea first and CND just uses their products under their own brand and made up a whole story around it to brand their stuff.

Fake Sly wouldnt need to out let there stuff on e bay if it was sooo fantastical ...........

 

[Nailz73]

personally, I don't trust CND products because they seem to lie about everything. Like, we know that we can cure their shellac with an LED lamp. It works perfectly fine and lasts just as long as with their lamp. They say their shellac is doorless, but it's not (it does have a smell.) and I don't see much difference at all between their product and the Bluesky product to be honest. And to top it off, bluesky shellac has a US trademark, so, it's not as if CND own the word 'shellac' and it's not sure whether Bluesky had made the idea first and CND just uses their products under their own brand and made up a whole story around it to brand their stuff.

oh gosh.. you are very brave..

Sarah x

 

[gellybaby]

oh gosh.. you are very brave..

Sarah x

lol why. that's simply my opinion of them. It seems like they have this thing about only using their lamp and it's rubbish to say that. It's a ploy to make sure that we only use their lamp or whatever and people on this forum act like the Bluesky shellac or some of the other whoever-name shellacs are rubbish when they have virtually the same ingredients on the MSDS as CND has. And on this forum everything I read is all about dissing other products except for harmony gellish and CND. (are they owned by the same people?) And it annoys me that they say that there is no drying time. How do they get by with that? ok, it's 'curing' time. But, it's very misleading to use that kind of language (IMO). And they say it's odorless, but, it's not. I've gone and smelled all my bottles of CND shellac and it's not odorless. How do they say that it's odorless when there really is a smell?

 

[Lovebeauty14]

Runs away and finds somewhere to hide!!!! :Scared:

PMSL! Just what I was thinking.....:Scared::Scared::Scared::Scared::Scared:

 

[Lovebeauty14]

lol why. that's simply my opinion of them. It seems like they have this thing about only using their lamp and it's rubbish to say that. It's a ploy to make sure that we only use their lamp or whatever and people on this forum act like the Bluesky shellac or some of the other whoever-name shellacs are rubbish when they have virtually the same ingredients on the MSDS as CND has. And on this forum everything I read is all about dissing other products except for harmony gellish and CND. (are they owned by the same people?) And it annoys me that they say that there is no drying time. How do they get by with that? ok, it's 'curing' time. But, it's very misleading to use that kind of language (IMO). And they say it's odorless, but, it's not. I've gone and smelled all my bottles of CND shellac and it's not odorless. How do they say that it's odorless when there really is a smell?

I admire you're bravery I'll give you that!
Everyone is entitled to their own opinions but I'm sure you'll see soon enough why we are all saying that! lol.

 

[Nailz73]

http://www.salongeek.com/nail-geek/161813-cco-gel-polish.html

enjoy your reading and you may learn something new. xxx

 

[gellybaby]

I admire you're bravery I'll give you that!
Everyone is entitled to their own opinions but I'm sure you'll see soon enough why we are all saying that! lol.

oh I know, i've seen them swarm in and fight their corner about this before. I tend to keep quiet and just read most of the time, but, since it's obvious that their reps are reading all of what we write about them, I don't care. They should know how a lot of their customers feel about how they act. It's like some kind of bully. Imaging if Nike told athletes how they should run with their shoes on lmao.:lol:

 

[mizzy_dizzy]

Are you board under that bridge ?

 

[Perfect Pinkies Surrey]

I know the troll song....

 

[Beth77]

Just a thought, If CND had a problem with Bluesky wouldn't they have taken them to court long ago about copyright?

Just a thought, if they don't care why should anyone else, as long as no one is deceiving what they are using and its getting the results people are after what is really the problem.

 

[Chickafish]

Wow... This is still a live thread! :lol:

I've been well aware of companies such as blue sky and cco for a long while now (and I'm sure most of you are too). Has anyone read the "our story" section of blue sky's company page? Here's a bit of it...
" A professional Research& Development's independent innovation and technical skills supply the newest concept for the producs. 30% of them have the doctor's degree and rich work experience for 10 years or above. 50% of them have the master's degree and others are all have the bachelor's degree. Cooperate with the East China University of Science and Technology supply more powerful assurance for us."

I've also wandered around their product page. Here's my question... If their products are so good, and they've got all this professors and doctors researching and testing stuff, why didn't they hire a design/marketing team to make their own unique containers, logos, and unique name for their products? Why do they all closely resemble other top, reputable, recognisable company's design? ok, I know some of the points brought up were about copyrighting and trademarking, but surely a brand that is great enough to stand out on its own would have its own iconic container? If we were to be given blank bottles of OPI, essie, Jessica, Orly, CND, and China Glaze, for example, we'd be able to tell which ones which just based off the bottle's shape and appearance, right? Now look at these different brands of Shellac and Gelish... All the Shellac bottles are the square shape, and Gelish, white round bottle with peephole. Why? Other brands of gel polishes like Gellux, Mani Q, ect, have their own different looking bottles. If I were to market my own brand I wouldn't want my products to come in a similar container as another brand. I'd want to stand out. Only companies who'd want to copy another's would be an imitator, right?

Another question, why aren't these brands mentioned in any nail magazines? If they wanna make a name for themselves, and want professionals, like many of us, to buy their stuff, why don't they place advertisements in the professional magazines we subscribe to? And do reps of these companies ever show up at beauty shows, open up stalls, and display their products? What about training and support centres? Any of these nearby we could just ring up?

As for using these products... thanks, but no thanks. If someone wants to use it on themselves, good for them. But I just can't bring myself to use something that doesn't even have its own name. No matter how many points are brought up on the word "shellac" point is, that's what CND chose to name their power polish. If another company comes up with their own power polish, I'm sure they wouldn't have "shellac" in it's name if they're trying to stand out and be their own. Same goes for Gelish, a gel polish. There are already numerous brands of gel polish out there from different companies, and to stand out, none of them are called Gelish, or have a similar bottle.

And I know some people come across these imitations because they're looking for a cheaper alternative... seriously, if you're trying to run your own business but not willing to pay the price for genuine products from legit distributors for your business, then perhaps running your own business isn't for you? Surely, you would want what's best to keep your clients coming back? Why would you risk it, by using some unknown copycat?
Just my two cents. Feel free to knock it. I don't care. x

 

[gellybaby]

Wow... This is still a live thread! :lol:

I've been well aware of companies such as blue sky and cco for a long while now (and I'm sure most of you are too). Has anyone read the "our story" section of blue sky's company page? Here's a bit of it...
" A professional Research& Development's independent innovation and technical skills supply the newest concept for the producs. 30% of them have the doctor's degree and rich work experience for 10 years or above. 50% of them have the master's degree and others are all have the bachelor's degree. Cooperate with the East China University of Science and Technology supply more powerful assurance for us."

I've also wandered around their product page. Here's my question... If their products are so good, and they've got all this professors and doctors researching and testing stuff, why didn't they hire a design/marketing team to make their own unique containers, logos, and unique name for their products? Why do they all closely resemble other top, reputable, recognisable company's design? ok, I know some of the points brought up were about copyrighting and trademarking, but surely a brand that is great enough to stand out on its own would have its own iconic container? If we were to be given blank bottles of OPI, essie, Jessica, Orly, CND, and China Glaze, for example, we'd be able to tell which ones which just based off the bottle's shape and appearance, right? Now look at these different brands of Shellac and Gelish... All the Shellac bottles are the square shape, and Gelish, white round bottle with peephole. Why? Other brands of gel polishes like Gellux, Mani Q, ect, have their own different looking bottles. If I were to market my own brand I wouldn't want my products to come in a similar container as another brand. I'd want to stand out. Only companies who'd want to copy another's would be an imitator, right?

Another question, why aren't these brands mentioned in any nail magazines? If they wanna make a name for themselves, and want professionals, like many of us, to buy their stuff, why don't they place advertisements in the professional magazines we subscribe to? And do reps of these companies ever show up at beauty shows, open up stalls, and display their products? What about training and support centres? Any of these nearby we could just ring up?

As for using these products... thanks, but no thanks. If someone wants to use it on themselves, good for them. But I just can't bring myself to use something that doesn't even have its own name. No matter how many points are brought up on the word "shellac" point is, that's what CND chose to name their power polish. If another company comes up with their own power polish, I'm sure they wouldn't have "shellac" in it's name if they're trying to stand out and be their own. Same goes for Gelish, a gel polish. There are already numerous brands of gel polish out there from different companies, and to stand out, none of them are called Gelish, or have a similar bottle.

And I know some people come across these imitations because they're looking for a cheaper alternative... seriously, if you're trying to run your own business but not willing to pay the price for genuine products from legit distributors for your business, then perhaps running your own business isn't for you? Surely, you would want what's best to keep your clients coming back? Why would you risk it, by using some unknown copycat?
Just my two cents. Feel free to knock it. I don't care. x

If it's the same quality and works just as well and costs less for your business, I suggest buy what costs less. Paying more is never good for your bottom line. We all have to run our businesses professionally and that does mean buying quality for price. So, if you can get it cheaper and it's just as good, why not? Why pay for somebody's 'brand' name if it is legal and cheaper to get the same thing with the same effect and the same result elsewhere. and that's my 2 cents worth. And by the way, if you can get it online and not have to go through a distributor, you're much better off. This is 2012. The distributor cartel should die out soon. Buy direct. All a distributor does is do exclusive territorial deals on products and keep the prices hiked up. The distributor doesn't give a hoot about your nail service or your customers. They are only in it for the money themselves.