If the name only is protected (as in the name of their company) and not as a phrase, then I don't think they have a leg to stand on. Pretty much a re-iteration of what you said, but the actual trademark registration needs to be clarified as to exactly what is, and isn't allowed to be reproduced. Can a person or persons legally trademark an expired item that is now in the public domain? By this, I mean if the copyright/trademark has expired, can a person, or persons, take up the copyright/trademark if they had no prior legal right to it in the first place?Ģ. I think that there are 2 major points that really need to be clarified about this issue ġ. But like you, not being a legal expert, it is very heavy reading. I too have now received the information from OHIN. I, of course, have pointed out that their whole business is based on something they never even created and have 'morally' stolen from other british businesses.Īnyway, if anybody would like to comment, or see their responses to me (nothing illegal in that), please feel free to email me at In the email I just received whilst typing this post, they are telling me that they are just protecting a business they built from the ground up. I am not even remotely niaive enough to think there is anything I will eventually be able to do, but it just makes my hackles rise to think that this company has knowingly squirmed around the UK laws, has made lots of honest, hard working, business people 'trademark' violators and they're now laughing all the way to the bank. (ooh, just had another email from their 'legal people') to see if there is any complaint/appeal procedure available to follow. It's like trademarking the union jack and then saying we can't use that image either. Especially as they didn't even invent it.Īnd so, thousands of reputable people and businesses are now violating EU trademark which obviously now means UK trademark) laws because these 'people' managed to get away with it. I find it hard to believe that this, this, (can't think of any name that is printable) company has the gall to take what I believe is a national institution and make it their own. I for one am really, really angry about this. As no-one has complained/objected the trademark was granted in March this year. Effectively, what they have done is go to CTM (this is an EU body that deals with EU trademarking) and registered the trademark with them, thereby circumnavigating the UK trademark laws. However, in the reply I received from the 'legal people', they told me that it had indeed been registered as Community Trademark (CTM) Registration No: 9455619. After 50 years, Crown Copyright expired and it was legal for all to produce merchandise with this logo.Ī Guardian article ( read it here) by Jon Henley in 2009 stated that Mike Coop (of Keep Calm and Carry On Ltd) had tried to trademark the name, but it appears, without success. So I decided to email eBay and they said I should contact these people -> is what appears to have happened.Īs has been said before, the slogan and image was created by the government in 1939. I know somebody who has also just received a 'notice' from eBay and she got pretty upset by it. I actually make vinyl signs and decals and, of course, this is one of the items I produce. I'm new to the forum and not actually a t-shirt maker.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |