[epub] Re: Trade mark violation?

["Kate :-\)" <katiekukkaburra@xxxxxxxxxxx>]

Hi Diane,

 

Just throwing my tuppence in.

 

I'm not a legal expert, but I am pretty sure that a trademark registered in the US does not apply in the UK. The company would have to apply separately for each country in which they wished to use the trademark. This is similar to the way copyrights and patents are registered. Plus, it is very hard to get phrases registered...names and brands are different. Phrases are something used in everyday speech, therefore, they can't easily be copyrighted, trademarked or patented....the person wishing to do so would have to prove that the phrase is unique to their business. This phrase isn't, it's something that could be used in lots of legitimate ways. This is all irrelevant though, because they don't seem to understand the difference between a domain name, and a trademark...or maybe they do, but are hoping they recipients of their email don't.

 

I agree with other respondents...this doesn't sound like a trademark issue...more like a case of cyber-squatting. If your author has been using that phrase for several years, then Haden don't have a leg to stand on, no matter how officious they make their emails sound. They are pulling a fast one to put it bluntly...maybe Kendall's domain is due for renewal, and this is a clumsy attempt to steal it , then resell it back to her.

 

I would call their bluff, send a legal letter of your own. If you don't have easy access to a solicitor, pop into your local CAB, they should be able to point in the direction of a law firm who deal with trademarks etc, or they may even be able to advise you themselves which won't cost you anything.

 

Sorry, I can't be more help,

 

Kate

 

 

 

----- Original Message -----

From: Dianne Reuby

To: Epub Discussion Group

Sent: Tuesday, May 11, 2004 12:22 AM

Subject: [epub] Trade mark violation?

Hi all. I got this email today:

Dear Web site Owner,
 it has come to our attention that you are listing one or more articles by Kendall Summerhawk
 which include mentioning 'weekly marketing wisdom'.
 S.R. Haden Industries owns the web site and service marks to the term
 'weekly marketing wisdom'. Kendall Summerhawk and any sites she has her articles on
 are in violation of U.S. Trade Mark / Service Mark laws.
 We ask that you immediately delete these articles which are in violation of our rights
 to that service mark :
 http://www.firstwebbuilder.co.uk/startmarketing.html
 We thank you for your cooperation in this matter.
 Yours Truly,
 Trade Mark / Service Mark Enforcement Department
 S.R. Haden Industries

The page in question has an article (which I have permission to use) by Kendall Summerhawk. Can the phrase "weekly marketing wisdom" really be trade marked? Surely it's too general a term for that. I'm in the UK, but presumably any US trademark laws would be international.

My main question is really - how far should we go in checking out articles supplied by the article banks?

Have a good week all,

Dianne Reuby
First Web Builder
http://www.firstwebbuilder.co.uk
Swindon Virtual Office
http://www.swindonvirtualoffice.co.uk
Free Site Builder
http://www.freesitebuilder.co.uk
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