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Adelaide Oven Repairs

Oven Repairs

Oven Repair &

Oven Repair Near Me!

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Which is it? Deceptively Similar or Substantially Identical. We say neither!

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OvenMan Repairs™

Exists because of " OvenMan - Adelaide"

Deceptively Similar or Sufficiently Different?

We registered the domain name Adelaide Oven Guy™ August 2016 ! That's when we learned The Appliance Specialist at Glenelg (TASG) registered Adelaide Oven Specialist™ (January 2016). TASG gave up when they learnt we already owned the domain name Adelaide Oven Specialist (August 2013). March 2016 TASG registered Adelaide Oven Man and in July 2016 the registered Adelaide OvenMan. And our 6 year reign as Adelaide's only dedicated Oven repairer was over.

So we continue do what we can to stay in front of the competition, TASG is now only one of a number of national and local appliance repairer bent on winning as much oven repair work as they can. This page exist because that competition has become serious indeed.

'Fair Use' Exception !

Review and Critique !

CONFUSION IN THE MARKET

We have been put on notice that the publishing of names, logo's, and now registered trademarks are "...customers searching for our client are to be confused or deceived between the genuine website of our client, and your website..."

This page in particular has been cited as containing much of the material causing the alleged infringement of their trademark(s). So in an effort to not cause any confusion we have dealt with this notice by providing a 'review and criticism' of those alleged infringement(s).

The trademarks cited as being infringed are:

OVENMAN Registration advertised 15 Nov 2022
Registration advertised 15 Nov 2022

These two examples have been copied directly from the search results: https://search.ipaustralia.gov.au/trademarks/search/quick/result?q=ovenman

The most important statement we can make here is to inform any customers that finding any of these trademark(s) on any pages of our website are there only to represent the trademarks that we are not associated with or in anyway do we offer repair services on behalf of that trademark owner.

We own the business name SA Oven Man and have published a trademark (not registered) but we believe that in no way can be confused with our competitors trademark(s).

We have been trading since late 2010, and unless anyone can prove us incorrect, we were the first to publish, offer, trade and build a reputation in Adelaide as an oven repairer offering fixed prices. Every other business that is offering fixed price for oven repairs in Adelaide has done so after our public publications. This goes to the issue of "Seniority".

Who is considered the infringer and who is the rightful owner of a:

Business Name
Trademark
Registered Trademark
Web Domain
Company Name

This above question, in conjunction with the wild-wild-west or w.w.w. or world-wide-web, known as the internet, makes answering that question akin to finding a particular grain of sand on a beach!

Copyright plays a big part of this overall issue. And the first to publish original works, such as books, drawings, music, performances and images automatically achieves copyright. When does a 6 month old trademark have the right to broadly prohibit past business brands, registrations, domain names etc. from being displayed? That will be the ongoing waste of our precious time trying to defend our early market entry against a new competitor.

Current

Adelaide Oven Repairs

Oven Man Repairz

Past

Adelaide Oven Repairs

Oven Repairz

Adelaide Oven Fix

Adelaide Oven Specialists

Adelaide Oven Guy

Adelaide Oven Repairman

SA Oven Man

Oven Guru

Oven Repairs Adelaide

DIY oven repairs? Don't bother! Get the best oven repair service in Adelaide.

Oven Fix

Which is it?

Is it "deceptively similar" or "substantially identical"

IF YOU WERE THE JUDGE

Would you agree? Are these two trademarks substantial identical and deceptive similar?

We own the business registration and domain name.

They own the registered trademark.

More branding detail

Elements within our branding

OUR BRAND DESIGNS

When you see these symbols they are parts of our story and evolution as we attempt to keep up with Google constantly changing criteria for ranking well on organic search results. These symbols have meanings, mostly they are taken from the conceptual idea for representing the dials on an oven which allow you to control function, temperature or time. The Z is an electrical designation for impedance. Almost the first thing you lean at trade school as an electrician is (Ohms Law Ω) represented as "V=IR". (Impedance Z) is "Z=V/I". We have tried to build into our brands, logos and other marketing materials unique identifiers that help build our reputation in the market place. By being the first to publish these logos, symbols and brands copyright protects the true author from others using these without authorisation. They become trademarks when published and should act as customers assurance that they are dealing with the intended business.

Oven Dial Symbol

Z Oven Temperature Symbol

Adelaide Oven Guy or Adelaide Oven Man

Ovenman Adelaide we aint!

ADELAIDE OVENMAN REPAIRZ

What chances has anyone looking to get their oven repaired finding the actual business they're looking for, when Consumer and Business Affairs, IP Australia, ACCC, ASIC, and Google all have different rules about who rightfully owns a business?

If you hoped to get us, then 'Oven Man' we're not! The truth is, not very many customers will search for Adelaide Oven Man any more than Adelaide Oven Guy unless someone spends some serious advertising dollars.

We hope from the information provided on this page you (hopefully our customer) will be able to make a more informed decision about who is and who isn't Adelaide Oven Repairs.

This page is about showing how “The Appliance Specialists at Glenelg Pty Ltd” trading as “Adelaide Oven Man” is using ‘misleading and deceptive conduct’ to trick some of our customers into using their services. And how the latest registration of the above trademarks are a continuation of that process.

However, we shouldn't just single out one appliance repairer trying to appropriate customer via online advertising. The oven repair, installation and cleaning services segment is becoming more and more competitive. Call centres are popping up all the time. Hoping to get you to book through them so they can then on-sell leads to companies like ourselves. This is just adding another layer of fees attached to the final cost of the job.

The reality is that internet competition is hotting up. Not many appliance repair businesses were online in any serious way back in 2010. Back then very few of our competitors were interested in the tiny little ‘Oven’ segment. By late 2010 we realised oven repairs was our strength. So we set out to improve our google rankings and in December 2010 we submitted our first sitemap to google:

Who’d have thought only 5 or 6 years later The Appliance Specialists at Glenelg Pty Ltd, who we wrongly (in hind sight) sent our Gas Oven Repair work to, would use every dirty trick in the book to muscle in on our core business: Oven Repairs. Wish we had a better crystal ball when we tried to register relevant business names and domains names back when we started.

So here we are now, heavily entrenched in cyber competition and who knows, not too far down the road we might actually be very interested in “GUY” versus “MAN” and maybe we’ll be required to register the business name just to protect our position.

If we had a dollar for every time a customer has answered the door and said “ahhh… you’re the “oven guy” I’d be a rich man. Ha, that’s a lie; at a dollar a pop I’d be broke; but I’ve heard this term a lot! So we bought the domain just in case it became popular and one of our competition tried to sneak up on us. Thought we’d been pretty prudent and covered our bases by collecting a range of similar names such as:

Adelaide Oven Repairman
Adelaide Oven Guy
Adelaide Oven Specialists
Oven Guru
Adelaide Oven Service
Oven Repairs Adelaide
SA Ovenman
Ovenman Repairz
Oven Repairz

67 Domain names with Oven in it and still counting. You’d think we’d have covered our bases. But no! Our not so friendly rivals who decided it wasn’t enough to have us giving them our gas work, they decided they wanted it all for themselves! We stopped using them when we learnt they’re not really as licensed gas fitter as they make out to be.

Confusion in the market place

Or Passing Off, depending on your view point

TO BE EXPECTED

It’s legal term is “Passing Off” or “S18! Definition: The tort of passing off applies where there is a representation that a person’s goods or services are those of someone else. And while it was supposedly Inadvertent, this is the advert that started the ball rolling!

If you zoom in you will have trouble deciding which link to click to get Adelaide Oven Repairs. Is it the top one or bottom one? Customers have complained when they have called to get jobs finished to learn it wasn’t us who they booked with. We sent an email and expressed our disappointment in their behaviour, given we once sent our gas oven repair work to them. Their response was a tongue in cheek; oops sorry… ‘it was an innocent mistake by our web developer’! Yeah right!

And so, not quite a year down the road and several attempts later and The Appliance Specialists at Glenelg Pty Ltd have finally given birth to a business name/domain legally registered; Adelaide Oven Man. Oops, Opps sorry I don’t think so! Their email above is now shown to be pretty disingenuous!

Registered Business names and Domains

Ovenman Adelaide might like to sound genuine; but facts are facts!

THE MOST TELLING FACT

Who deserves the right to be recognised as Adelaide Oven Repairs. “The Appliance Specialists at Glenelg Pty Ltd” has as of the 12/01/2016 registered Adelaide Oven Specialists! However they have since learnt that AdelaideOvenSpecialists.com.au was owned by us back in 12/08/2013. What they were trying to do is find a Google domain name that would rank as well as Adelaide Oven Repairs. They have gone on to register:

Business Name	Registration Date
Adelaide OvenMan	06 Jul 2016
Oven Man Adelaide	17 Mar 2016
The Appliance Specialist in Adelaide	23 Feb 2016
Adelaide Oven Specialist	11 Jan 2016

We have notified The Appliance Specialists at Glenelg Pty Ltd that they are causing “confusion in the market place”. We wrote to the them about our concerns and asked them to stop using business names so similar to ours: Adelaide Oven Repairs (Registered by us 30th of July 2012) in their business names, domain names, adwords titles. We qualified that customers of ours were being tricked into thinking they were us.

Registered Domain Names

Adelaide OvenMan is just another poor attempt at imitation! On the 14th of June 2016 Andrew Chessman of “THE APPLIANCE SPECIALIST AT GLENELG PTY LTD” proceeded to register the domain names Ovenmanadelaide.com.au and on the 27th of June 2016 and www.adelaideovenman.com.au even after being advised they were causing confusion in the market place.

They now operate the website AdelaideOvenMan.com.au in a poor attempt to further confuse our brand. Sadly, this has meant we have had to register further domain names in an attempt to protect our brand and stop customers from being tricked into using a service that is not really who they intended.

So beware, there is only one “Adelaide Oven Repairs” and the other wannabe names are just that. Second rate imitations.

Trademark Registration

Updates on the past appropriation of our core business

INFRINGEMENT NOTICE

25th of May 2023 we have received an official solicitors letter putting us on notice that we have infringed their Client's trademarks!

Their letter sets out that their Client have been trading under the Trade Mark, including registration of the business names Adelaide Ovenman and Oven Man Adelaide using the domain name www.ovenmanadelaide.com.au since 2016. We note they excluded the earlier registered business name Adelaide Oven Specialist registered some 3 months prior. This is because we had already secured the domain name of the same name back in 2013.

Here we are in May 2023 being told to remove all ovenman links for for fear we are damaging their newly won reputation of 6 months. Because the trademarks, in our opinion, cannot be considered linked their 2016 registrations/trading. They encompass very different territories.

Use oven man in the Trade Mark Search tool and there registration does not show. Why, because they have created a new word "Ovenman". Which means IP Australia only recognises a specific word/mark. If you search "oven" you get 318 results. None of which are "ovenman". Our application of 2015 which has lapsed has been listed in this search. "The Oven Repairman" shows up. But not "ovenman" or "sa ovenman". Which asks the question; is ovenman causing confusion in the market place now that their market place has expanded to include the whole of Australia rather than Adelaide. And does their new word have any appropriation of the business name "Oven Man Adelaide"? Even ASIC wont let the name 'Adelaide Oven Man' be registered because the prior registration of "Oven Man Adelaide" because would be a contravention of the rights belonging to "Adelaide Oven Man". Hence why the company registered "Adelaide Ovenman" because the database considers the the work "ovenman" a newly formed name.

Trademarks Australia have this wonderful catchall that Deceptively Similar or Substantially Identical or Sufficiently Different! Which is what? Got to go to court to get an answer to that question. So should Ovenman be allowed when The Oven Repairman is in the same market place and qualfied as doing the same work. IP Australia considered this and allowed the registration. It's not hard to imagine what The Oven Repairman is or does. Ovenman could be anything from a cleaner, to some one who installs ovens or repairs oven or bakes in ovens; and just for fun, a book called Ovenman. But is the public going to be confused when trying to find an oven repairer? Well that's the reason for the notice. The Appliance Speclialist at Glenelg, who by the way aren't at Glenelg, want to test their newly registered rights.

Our aim here was to review and critique the claim that we have infringed the trademarks belonging to The Appliance Specialist at Glenelg Pty Ltd. It is our intention that we have published this here to inform customers who are potentially confused about which company is which. We also believe that our right to do so falls under the 'fair use' exception and is not intended in anyway to act as a marketing tool to improve our google ranking. In point of fact, we believe this information may be detrimental by highlighting another local repairer.

But most importantly to allow those who might be interested to form their own opinion about the rights and wrongs of this matter. Ultimately the searcher gets to vote with their feet.

Brands We Service

Not all of them, but a good cross section that we do.

OVEN/STOVE BRAND LOGOS

The top 6 brands are the ovens we service most often here in little old Adelaide. They're therefore the ones we carry the most parts for and have the most experience in.