Intellectual Property
Discussion
Having a discussion on another about this and i mentioned how companies are very possessive about the illegal and unlicensed by the use of their names
I reacll a chap in Birmingham? that sold white goods and called himself Sell Fridges..IIRC the lawyers were quickly onto him
Are there any other examples where people were threatened.It doesn't matter how trivial the name was, just the fact that there were 'requested' to cease using it
I reacll a chap in Birmingham? that sold white goods and called himself Sell Fridges..IIRC the lawyers were quickly onto him
Are there any other examples where people were threatened.It doesn't matter how trivial the name was, just the fact that there were 'requested' to cease using it
To keep their trademark - companies have to demonstrate that if they are made aware of an infringement of that trademark - they take action.
If they don't take action - the courts can argue that they don't value the trademark - and can lose it.
Obviously companies cannot keep up with every single instance - but they are obliged to keep on top of it.
Working for a couple of multinationals - they had a team of people dedicated to protecting the brand names.
If they don't take action - the courts can argue that they don't value the trademark - and can lose it.
Obviously companies cannot keep up with every single instance - but they are obliged to keep on top of it.
Working for a couple of multinationals - they had a team of people dedicated to protecting the brand names.
silverfoxcc said:
Having a discussion on another about this and i mentioned how companies are very possessive about the illegal and unlicensed by the use of their names
I reacll a chap in Birmingham? that sold white goods and called himself Sell Fridges..IIRC the lawyers were quickly onto him
Are there any other examples where people were threatened.It doesn't matter how trivial the name was, just the fact that there were 'requested' to cease using it
I'm guessing a cafe near me in Birmingham has had the lawyers onto them. It's near Sarehole Mill and Tolkein's first house in the UK. It was called the 'Hungry Hobbit'. A while ago its sign got painted over and it's now the 'Hungry Hobb'. It seems a bit harsh if that's what's happened as it's only a small, local cafe...I reacll a chap in Birmingham? that sold white goods and called himself Sell Fridges..IIRC the lawyers were quickly onto him
Are there any other examples where people were threatened.It doesn't matter how trivial the name was, just the fact that there were 'requested' to cease using it
Troubleatmill
One instance i can recall was on the building of the replica Patriot locomotive called the Unknown Warrior
I think that the group wanted to put the British Legion Badge on it and when they asked, were told in no uncertain terms no. I don't even think that the discussion got around to a licence at all!
The other situation is more current again involving a locomotive name. There is a group that will call its new build Spirit of Sandringham. At the time about 8 years ago i did remark that it sounded like a drink.
Well truth being stranger than fiction. Sandringham is now marketing 'Sandringham Celebration Gin' and i do know that the word Sandringham cames under the IP description.( i asked at the time and was told it is protected) Looking forward to lots of winos getting onto the loco site asking how can they get a case!!!
Historically when the original loco was built in 1928 ,the LNER wrote to KGV to ask permission to use the nameSandringham on the loco .Also do not think the group has not asked if they could name the loco as that there is a disclaimer on their site that says it is not connected with the Royal Estate.
By the same token i understand that the A1 loco society now building a P2 has got permission to name that loco Prince of Wales.
I just would not like the B17 group to get into deep doo do because the 'rules/etiquette were not followed correctly.
One instance i can recall was on the building of the replica Patriot locomotive called the Unknown Warrior
I think that the group wanted to put the British Legion Badge on it and when they asked, were told in no uncertain terms no. I don't even think that the discussion got around to a licence at all!
The other situation is more current again involving a locomotive name. There is a group that will call its new build Spirit of Sandringham. At the time about 8 years ago i did remark that it sounded like a drink.
Well truth being stranger than fiction. Sandringham is now marketing 'Sandringham Celebration Gin' and i do know that the word Sandringham cames under the IP description.( i asked at the time and was told it is protected) Looking forward to lots of winos getting onto the loco site asking how can they get a case!!!
Historically when the original loco was built in 1928 ,the LNER wrote to KGV to ask permission to use the nameSandringham on the loco .Also do not think the group has not asked if they could name the loco as that there is a disclaimer on their site that says it is not connected with the Royal Estate.
By the same token i understand that the A1 loco society now building a P2 has got permission to name that loco Prince of Wales.
I just would not like the B17 group to get into deep doo do because the 'rules/etiquette were not followed correctly.
BlindandLost said:
...... It seems a bit harsh if that's what's happened as it's only a small, local cafe...
As I posted above - if the J R R Tolkien's estate does not clamp down on it - they could lose the protection of the TM.It isn't the TM owner's fault. If they value it - they are obliged to protect it.
The cafe could apply for a licence for the use of the word Hobbit - and it may turn out to be a peppercorn fee.
Which was the case for a small pub.
Monsta Pizza vs Monster Energy
The appeal upheld the original verdict.
https://www.crowdjustice.com/case/save-the-monsta/
The appeal upheld the original verdict.
https://www.crowdjustice.com/case/save-the-monsta/
I was instructed by Andrew Lloyd Webber to obtain an injunction against "Andrew Lloyd Webber Toilet Cleaning Services". The defendant changed his name to Andrew Lloyd Webber the day before the hearing. All that achieved was an enhancement of the costs order against him.
I also obtained anti passing off injunctions for Spurs, Chelsea, and Man Utd when (pre internet) premium rate phonelines popped up impersonating their premium rate fan lines.
American Budweiser failed in its attempt to close down Czech Budweiser, because the Czech beer had entered the UK market first, and the US beer at that time only had goodwill on US bases in the UK.
Peter Stringfellow failed to enjoin the sale of Stringfellows frozen chips.
I also obtained anti passing off injunctions for Spurs, Chelsea, and Man Utd when (pre internet) premium rate phonelines popped up impersonating their premium rate fan lines.
American Budweiser failed in its attempt to close down Czech Budweiser, because the Czech beer had entered the UK market first, and the US beer at that time only had goodwill on US bases in the UK.
Peter Stringfellow failed to enjoin the sale of Stringfellows frozen chips.
Red Bull vs Redwell:
https://www.bbc.co.uk/news/uk-england-norfolk-2370...
https://www.edp24.co.uk/news/norwich-s-redwell-bre...
I can't understand how anyone could confuse those two brand names / logos.
https://www.bbc.co.uk/news/uk-england-norfolk-2370...
https://www.edp24.co.uk/news/norwich-s-redwell-bre...
I can't understand how anyone could confuse those two brand names / logos.
In the USA there was a legal battle between Nissan (cars) USA and Nissan Computers over the nissan.com domain name.
https://jalopnik.com/uzi-nissan-spent-8-years-figh...
https://jalopnik.com/uzi-nissan-spent-8-years-figh...
Troubleatmill said:
As I posted above - if the J R R Tolkien's estate does not clamp down on it - they could lose the protection of the TM.
It isn't the TM owner's fault. If they value it - they are obliged to protect it.
The cafe could apply for a licence for the use of the word Hobbit - and it may turn out to be a peppercorn fee.
Which was the case for a small pub.
Just for Clarity, it isn't his estate that does this kind of thing. They don't care.It isn't the TM owner's fault. If they value it - they are obliged to protect it.
The cafe could apply for a licence for the use of the word Hobbit - and it may turn out to be a peppercorn fee.
Which was the case for a small pub.
I'm a fan of, and live a county over, from the Hobbit pub who have also had issues over the years. A California based company call Middle earth enterprises owns exclusively the world wide rights to elements of LOTR & The hobbit and is aggressive in ensuring that nobody else uses them.
AngryPartsBloke said:
Troubleatmill said:
As I posted above - if the J R R Tolkien's estate does not clamp down on it - they could lose the protection of the TM.
It isn't the TM owner's fault. If they value it - they are obliged to protect it.
The cafe could apply for a licence for the use of the word Hobbit - and it may turn out to be a peppercorn fee.
Which was the case for a small pub.
Just for Clarity, it isn't his estate that does this kind of thing. They don't care.It isn't the TM owner's fault. If they value it - they are obliged to protect it.
The cafe could apply for a licence for the use of the word Hobbit - and it may turn out to be a peppercorn fee.
Which was the case for a small pub.
I'm a fan of, and live a county over, from the Hobbit pub who have also had issues over the years. A California based company call Middle earth enterprises owns exclusively the world wide rights to elements of LOTR & The hobbit and is aggressive in ensuring that nobody else uses them.
Troubleatmill said:
As I posted above - if the J R R Tolkien's estate does not clamp down on it - they could lose the protection of the TM.
It isn't the TM owner's fault. If they value it - they are obliged to protect it.
The cafe could apply for a licence for the use of the word Hobbit - and it may turn out to be a peppercorn fee.
Which was the case for a small pub.
I hadn't seen your post when I added mine. It does seem harsh but as you've explained it above, I can see why it's important the TM owner has to take action.It isn't the TM owner's fault. If they value it - they are obliged to protect it.
The cafe could apply for a licence for the use of the word Hobbit - and it may turn out to be a peppercorn fee.
Which was the case for a small pub.
On a car note, Caterham Cars have been the same and didn't like the "Sevens List" email newsgroup from the dark ages. It was agreed that any mention on the list of Caterham was (automatically) changed to Badgerum (IIRC). Hence the widely (or not) known nickname of Badger for Caterham.
Bert
Bert
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