Can I sell fake GHDs just as straightners - no brand?

purplebutterfly

el_gringo wrote: »

I am led to believe that GHD only own the rights specific to the naming and branding, and possibly the ceramic plates. How come? The same factory manufactures other brands to the same standard, for sale under different names (SHE, KODO), all of which seem to be fine for UK sale, on the proviso that they do not in any way associate it with the GHD brand nor their trademarks.

And boy do GHD seem to be tight - it seems to be fine to sell these products, but mention that they come from the GHD factory or that they are the same parts as GHD's and it's instant lawsuit.

If you'd like to prove me wrong and help the OP out a bit you could find and provide us with the relevant trademarks, patents, copywrites etc which are being broken.

I bought a pair of SHE straighteners off Ebay a couple of years ago. They were listed as being "Re-branded GHD's" and it gave the make/model number of the GHD's they would have been IYSWIM. It even stated that they were made in the same factory etc etc and seller feedback was really good so I thought for £35 it was worth a punt.

When they came, they were IDENTICAL to my sister's real GHD's - same heat up time everything. I never had a problem with them and only replaced them this year because I wanted a pair of Cloud 9 straighteners (which are just AMAZING - highly recommend them over GHD's)

Point is, I did internet research and discovered that, yes, SHE straighteners are made by GHD and everything the seller had claimed in the listing was factually correct.

How can GHD sue for stating a fact? Simply for writing their name in a listing?

Cloud 9 are the makers of the original GHD and state this on their website HERE so how is that different from anyone else mentioning the name GHD?

Just for anyone curious -Diva are also ex-partners of GHD who now produce their own range which is supposed to be just as good as GHD but cheaper.