[Gllug] Trademarks now

[Philip Hands]

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Alain Williams wrote:

> The page in question is:
> 	http://www.phcomp.co.uk/CampaignsAndEvangelism.php
> about 1/2 way down, just before '9/11 - the debate'.
> It is a link to a web site that a friend put up as part of a long running dispute
> with Terry Forsey.

Looking at:

  http://www.domainnametalk.com/showthread.php?p=6253

points one at article 21 of the United Kingdom Trade Marks Act 1994, which
can be found here:

  http://www.ipo.gov.uk/tmact94.pdf

from where I quote the start of article 21:

=-=-=-=-
21. - (1) Where a person threatens another with proceedings for
infringement of a registered trademark other than-
   (a)    the application of the mark to goods or their packaging,
   (b)    the importation of goods to which, or to the packaging of
          which, the mark has been applied, or
   (c)    the supply of services under the mark,
any person aggrieved may bring proceedings for relief under this section.
=-=-=-=-

which seems pretty clear to me, so the advice that comes from the first
link, namely:

=-=-=-=-
If you are served with a cease and desist letter (and the trademark holder
has a UK and/or European Community trademark), and your conscience is clear
that you are not profiting from the [use of the trademark], then all you
need to do is send a simple letter back advising the sender to cease and
desist from making groundless threats of infringement proceedings, failing
which, you will initiate court proceedings against the corporation and the
law firm who made the threat for a declaration of non-infringement under
Article 92 of COUNCIL REGULATION (EC) No 40/94 of 20 December 1993 on the
Community trade mark and Article 21 of the United Kingdom Trade Marks Act 1994.
=-=-=-=-

of course, you may prefer to cover your arse by amending the site to make
it clear that the trademark exists -- in that case, I think I'd go for
something that makes it clear that the trademark belongs to him, like a
footnote saying something like:

  Terry Forsey(R) is a trademark of <a href="http://www.forsey.info/">this
  pustule on the anus of humanity"</a>, please don't go making the mistake
  of thinking that anyone else that suffers from being his namesake is
  responsible for his actions.  We're referring to the Terry Forsey who's
  address is (or was) Barn House, Gretton, Northamptonshire, NN17 3DF.

I also note that he uses the supposed trademark without bothering to
include the registered trademark symbol after it on his own website, which
does seem liable to introduce confusion about the status of the mark.

Cheers, Phil.
- --
Oh, and just in case Terry Forsey(R) thinks that this email might be
actionable under trademark law, please don't waste the GLLUG archive folks
time about this, go to the source.  I take full responsibility for my use
of the mark to indicate the individual in question, and my address is:

  Philip Hands
  10 Onslow Gardens
  South Woodford
  London
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