Fleur De Force #6 To Buy or not Dubai

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What's does her race have to do with it? I don't like Fleur at all, but 'fleurdeforce' has been her trademark for more than a decade at this point. She's well within her rights to be annoyed by this and where else is she going to complain but on Instagram?

Also, I think Fleur East's response on Instagram was a bit rude to be honest – but no one will call out a black woman for that, will they?
Really? If Fleur had an issue with it the professional, and I'll say it again the PROFESSIONAL thing to do would be to contact the magazine directly, not put it in her stories and tag Fluer East so her little fans can send over hate. The fact that the article is about the struggles of being a Black women and not having the same chances as white women do and then Fleur goes and tries to ruin her achievement of being a Black women on the front cover of a magazine. Race plays a big part in this as we all know if it was Taylor swift a white women, she would be kissing her feet and praising her, period!
 
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I don’t think the magazine has stolen her trademark fwiw. A magazine coverline is not goods or services. (As opposed to a magazine title or masthead, for example - that’s a clear breach).
 
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Really? If Fleur had an issue with it the professional, and I'll say it again the PROFESSIONAL thing to do would be to contact the magazine directly, not put it in her stories and tag Fluer East so her little fans can send over hate. The fact that the article is about the struggles of being a Black women and not having the same chances as white women do and then Fleur goes and tries to ruin her achievement of being a Black women on the front cover of a magazine. Race plays a big part in this as we all know if it was Taylor swift a white women, she would be kissing her feet and praising her, period!
Yeah, she definitely should have taken it up with the magazine. But the race thing is still nonsense IMO.
 
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Defending a trademark doesn't often involve being a snarky witch to someone that, essentially, has nothing to do with the issue at hand
What the hell is wrong with her? What does she want Fleur East to do about this? "I'm sorry that I have the same name as you and someone else made a pun with it"
 
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I don’t think the magazine has stolen her trademark fwiw. A magazine coverline is not goods or services. (As opposed to a magazine title or masthead, for example - that’s a clear breach).
According to the law, it is a breach. You don't have to believe me – you can do the research yourself (you won't though as you've already decided that you're right).
 
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Really? If Fleur had an issue with it the professional, and I'll say it again the PROFESSIONAL thing to do would be to contact the magazine directly, not put it in her stories and tag Fluer East so her little fans can send over hate. The fact that the article is about the struggles of being a Black women and not having the same chances as white women do and then Fleur goes and tries to ruin her achievement of being a Black women on the front cover of a magazine. Race plays a big part in this as we all know if it was Taylor swift a white women, she would be kissing her feet and praising her, period!
Exactly! Isn't it amazing how it's always white people who are annoyed when race is brought up??

I will leave the topic at that though; point is what Fleur did is crappy, despite the magazine not doing their work properly. Not Fleur East's fault and it's a shameful thing to try and diminish a black artist's success as if she has just destroyed a poor YouTuber's entire career.
 
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According to the law, it is a breach. You don't have to believe me – you can do the research yourself (you won't though as you've already decided that you're right).
calm down - I said “I don’t think”. That was on reading the link to the trademark info on the previous page and my knowledge from working on several magazine titles. But grateful for further info from anyone kind enough to share info without jumping the gun lol
 
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Fleur East will not have decided on the cover wording. I agree with FDF they shouldn’t use it if she has it trademarked but there is a way to deal with this kind of thing and going after Fleur East is not that way.
 
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Doesn’t surprise me at all that Princess Fleur has gone after FE online rather than the actual source/one that may have breached her trademark, the magazine. She could have given FE a nod and said it’s not her fault, would that have been so hard? She’s an entitled, snarky witch.
 
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But the magazine effectively stole Fleur's trademark...is she supposed to ignore that because it happened to be used on a cover that featured a black woman? Would it have been OK for her to call out a white woman? I have a pretty good understanding of race relations as a close member of my family is mixed race and I've seen first-hand the racism she has, and continues, to experience. I still don't see how bringing race into this situation is relevant. It sounds like you're just looking for a reason for Fleur to be racist (I know some people were going for that angle a few pages back...it seems that Fleur simply existing as a white woman makes her racist). There are a LOT of issues with Fleur, but her defending her legally protected trademark isn't one of them.
They didn't steal or infringe on her trademark AT ALL.

If that were the case, TV directors and authors would be sued left right and center for using words like "Tesla" or "Coca Cola" in their writing.

Fleur's followers shouldn't be attacking Fleur East but what is the point of paying for a trademark if a magazine will just use the phrase regardless. I'm not surprised FDF is annoyed but she should deal with this like an adult and speak to her lawyers before starting drama online.
Here is an extract from a website explaining trademarks:

A trademark does not mean that no one else can use your word, phrase, or symbol in connection with any and all goods and services. It means only that somebody else can’t use a similar trademark with similar goods or services. The key criterion: trademark infringement occurs when someone else’s use of a trademark would likely cause confusion about the source of goods or services.

(see full article here: https://slate.com/news-and-politics/2002/02/can-you-trademark-the-phrase-let-s-roll.html)

You cannot trademark a phrase, and when you do trademark something, you have to be specific with what you're trademarking. For example, An Australian car repair shop decides to open a shop and call it "Fleur de Force" - Fleur would have ZERO legal legs to stand on. Why? Because her name isn't trademarked against car repair shops and it in no way relates to her brand and no one would get confused by the car repair shop in Australia and her YouTube channel.

In the same way, authors are protected from writing a book about a character who loves Walkers crisps and it may even be entitled "I love Walkers Crisps" - Walkers Crisps could not sue that author for infringement because they did not infringe on their copyright in any way. Walkers will have trademarked their name for FOOD PRODUCTS, not for anything else (very likely). As I said, you have to specify what you're trademarking the name of something FOR - it cannot be a blanket trademark.

In this case - they just used the term as a pun. It's not the name of the magazine, and they're not selling it under that name.They could have put "Barbie girl" on the front cover instead and, again, Barbie's trademark would not be infringed upon
 
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OK I get that fleur de force is not a literal French translation for 'flower power' but is it slang for flower power? Genuine question. When I put fleur de force into Google translate it translates as 'flower power' and I always thought that's where Fleur got the name.

Fleur has trademarked the term 'Fleur De Force,' sure, but if it's a French translation then how exactly can she have a problem with a magazine using the words? As Fleur East said, you can't trademark a language. Of course, it's a different story if another YouTuber comes on the scene and calls herself 'Fleur De Force.' I can see how she'd have a problem with that!

Anyway, it seems as though even Fleur herself can't get the story behind her name right. Somebody upthread said Fleur picked the name as a play on 'tour de force.' No mention of that here. Chances are she saw 'FDF' somewhere and 'stole' it for herself. Ha! Also, loving how Fleur's mission statement is to 'stay honest.' Hows's that going for ya, Dubai-gate?


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They didn't steal or infringe on her trademark AT ALL.

If that were the case, TV directors and authors would be sued left right and center for using words like "Tesla" or "Coca Cola" in their writing.



Here is an extract from a website explaining trademarks:

A trademark does not mean that no one else can use your word, phrase, or symbol in connection with any and all goods and services. It means only that somebody else can’t use a similar trademark with similar goods or services. The key criterion: trademark infringement occurs when someone else’s use of a trademark would likely cause confusion about the source of goods or services.

(see full article here: https://slate.com/news-and-politics/2002/02/can-you-trademark-the-phrase-let-s-roll.html)

You cannot trademark a phrase, and when you do trademark something, you have to be specific with what you're trademarking. For example, An Australian car repair shop decides to open a shop and call it "Fleur de Force" - Fleur would have ZERO legal legs to stand on. Why? Because her name isn't trademarked against car repair shops and it in no way relates to her brand and no one would get confused by the car repair shop in Australia and her YouTube channel.

In the same way, authors are protected from writing a book about a character who loves Walkers crisps and it may even be entitled "I love Walkers Crisps" - Walkers Crisps could not sue that author for infringement because they did not infringe on their copyright in any way. Walkers will have trademarked their name for FOOD PRODUCTS, not for anything else (very likely). As I said, you have to specify what you're trademarking the name of something FOR - it cannot be a blanket trademark.

In this case - they just used the term as a pun. It's not the name of the magazine, and they're not selling it under that name.They could have put "Barbie girl" on the front cover instead and, again, Barbie's trademark would not be infringed upon
OH but, but Fleur's INTELLECTUAL PROPERTY!!!! HER MONEY SHE WILL LOSE BUSINESS AND MONEY OVER THIS!! Will nobody think of her child??

Thank you for explaining this so well <3
 
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But the magazine effectively stole Fleur's trademark...is she supposed to ignore that because it happened to be used on a cover that featured a black woman? Would it have been OK for her to call out a white woman? I have a pretty good understanding of race relations as a close member of my family is mixed race and I've seen first-hand the racism she has, and continues, to experience. I still don't see how bringing race into this situation is relevant. It sounds like you're just looking for a reason for Fleur to be racist (I know some people were going for that angle a few pages back...it seems that Fleur simply existing as a white woman makes her racist). There are a LOT of issues with Fleur, but her defending her legally protected trademark isn't one of them.
Interesting argument, I hadn’t even thought of it like that.The way I saw it is that, Fleur has trademarked her name and has the right to be upset that it has been used.

Although now that I think about it, she has kind of spoilt Fleur East’s moment of being on a front cover by sending her followers after her. Do you think she would have treated a white artist differently?
 
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OK I get that fleur de force is not a literal French translation for 'flower power' but is it slang for flower power? Genuine question. When I put fleur de force into Google translate it translates as 'flower power' and I always thought that's where Fleur got the name.

Fleur has trademarked the term 'Fleur De Force,' sure, but if it's a French translation then how exactly can she have a problem with a magazine using the words? As Fleur East said, you can't trademark a language. Of course, it's a different story if another YouTuber comes on the scene and calls herself 'Fleur De Force.' I can see how she'd have a problem with that!

Anyway, it seems as though even Fleur herself can't get the story behind her name right. Somebody upthread said Fleur picked the name as a play on 'tour de force.' No mention of that here. Chances are she saw 'FDF' somewhere and 'stole' it for herself. Ha! Also, loving how Fleur's mission statement is to 'stay honest.' Hows's that going for ya, Dubai-gate?


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"Fleur de force" means nothing in French. I have never heard it or read it anywhere, not even as slang. I think this is what makes this whole affair a bit iffy. It's not a French expression. I honestly only see Fleur De Force associated with Fleur.
Clearly someone in that magazine has heard of Fleur before, even in passing.

Google simply translates the words individually and literally, "fleur = flower" "force = power".

This is just a bad case of someone who knows very little of a foreign language trying to look smart.
 
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calm down - I said “I don’t think”. That was on reading the link to the trademark info on the previous page and my knowledge from working on several magazine titles. But grateful for further info from anyone kind enough to share info without jumping the gun lol
Have you heard of this thing called Google? Or do you just expect someone else to do everything for you?
They didn't steal or infringe on her trademark AT ALL.

If that were the case, TV directors and authors would be sued left right and center for using words like "Tesla" or "Coca Cola" in their writing.



Here is an extract from a website explaining trademarks:

A trademark does not mean that no one else can use your word, phrase, or symbol in connection with any and all goods and services. It means only that somebody else can’t use a similar trademark with similar goods or services. The key criterion: trademark infringement occurs when someone else’s use of a trademark would likely cause confusion about the source of goods or services.

(see full article here: https://slate.com/news-and-politics/2002/02/can-you-trademark-the-phrase-let-s-roll.html)

You cannot trademark a phrase, and when you do trademark something, you have to be specific with what you're trademarking. For example, An Australian car repair shop decides to open a shop and call it "Fleur de Force" - Fleur would have ZERO legal legs to stand on. Why? Because her name isn't trademarked against car repair shops and it in no way relates to her brand and no one would get confused by the car repair shop in Australia and her YouTube channel.

In the same way, authors are protected from writing a book about a character who loves Walkers crisps and it may even be entitled "I love Walkers Crisps" - Walkers Crisps could not sue that author for infringement because they did not infringe on their copyright in any way. Walkers will have trademarked their name for FOOD PRODUCTS, not for anything else (very likely). As I said, you have to specify what you're trademarking the name of something FOR - it cannot be a blanket trademark.

In this case - they just used the term as a pun. It's not the name of the magazine, and they're not selling it under that name.They could have put "Barbie girl" on the front cover instead and, again, Barbie's trademark would not be infringed upon
Um, that's not AT ALL how trade marks work. I work in corporate law and regularly deal with trade mark matters, so I don't need a random article from a non-legal source explaining what I've spent years learning about. While trade marks do have limits, Fleur could make the case that a magazine of this nature using her name in relation to another person is a breach (backed up by the fact that Fleur has indeed been featured in a number of similar magazines and has a well-established use of the name 'fleurdeforce' across multiple product lines).

You are (almost certainly) not a lawyer. Stop trying to play one on the internet. Going to pop you on ignore now, I think!

Interesting argument, I hadn’t even thought of it like that.The way I saw it is that, Fleur has trademarked her name and has the right to be upset that it has been used.

Although now that I think about it, she has kind of spoilt Fleur East’s moment of being on a front cover by sending her followers after her. Do you think she would have treated a white artist differently?
I would hope that she would have treated a white artist the same (I guess with the exception of Taylor Swift :rolleyes:). I'm never going to get on board with the whole 'Fleur is racist' thing that some people here seem to be trying to start – I actually find it very concerning. Accusing someone of racism is an extremely serious thing and no one has ever given any evidence other than 'she's white and rich'.
 
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"Fleur de force" means nothing in French. I have never heard it or read it anywhere, not even as slang.
Google simply translates the words individually and literally, "fleur = flower" "force = power".

This is just a bad case of someone who knows very little of a foreign language trying to look smart.
Her name (Fleur de Force) is a play on the phrase ‘tour de force’. In English it means feat or display of strength, skill, or ingenuity, or exceptional achievement. The literal translation of Fleur de Force in google translate isn’t the starting point although it works as well.
 
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Can someone kindly insert a screenshot or two? I don't have instagram anymore and I'm dying to see the comments.
 
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