Search found 5 matches

by Steve Jones
Sat May 07, 2011 4:55 am
Forum: Copyright Law
Topic: An Unusual Copyright Issue of Brand Name & Product Name
Replies: 7
Views: 4173

You got it right!

Hi Andy, From what you said above, I think you have an exact understanding of my situation and I thank you for all your insights. The other company is doing some trade in the US market with their special edition product featuring the e.g. 'Wombat' name, but 'I feel' this is insignificant to warrant ...
by Steve Jones
Fri May 06, 2011 12:43 am
Forum: Copyright Law
Topic: An Unusual Copyright Issue of Brand Name & Product Name
Replies: 7
Views: 4173

Just read that case...

Sorry to double-post, but it's unrelated to my last. That case was certainly thorough in its investigation. It describes the conditions behind the assessment of 'passing off': "(1) that the claimant's goods or services have acquired a goodwill in the market and are known by some distinguishing name,...
by Steve Jones
Wed May 04, 2011 2:57 am
Forum: Copyright Law
Topic: An Unusual Copyright Issue of Brand Name & Product Name
Replies: 7
Views: 4173

Thanks again Andy!

Thanks Andy for the reply again, you sure know your stuff about TM! Particularly the case law overview was helpful to appreciate there is no differentiating between the location of where a trade mark infringement may occur in the title of a product or its strapline. The most significant thing to com...
by Steve Jones
Mon May 02, 2011 4:25 pm
Forum: Copyright Law
Topic: An Unusual Copyright Issue of Brand Name & Product Name
Replies: 7
Views: 4173

Trademarking in the USA?

Thanks Andy for your detailed reply, which I really appreciate. I liked your discussion of the origin of copyright. The actual name is (almost) in regular public expression, and so is not made-up like "Wexzler" :P I am pleased that you feel the UK operation will be 'safe', however the proposition of...
by Steve Jones
Mon May 02, 2011 12:28 am
Forum: Copyright Law
Topic: An Unusual Copyright Issue of Brand Name & Product Name
Replies: 7
Views: 4173

An Unusual Copyright Issue of Brand Name & Product Name

I have established a 2010 trade mark (in the UK), with a company name entitled the same, for my garden tools manufacturing business. Let's say the name of the brand/company is 'Wombat', so "Wombat Garden Tools Ltd". I have found that there is another Garden Tools company, based in Germany, that has ...