[Gllug] Trademarks now

[Panos Savvas]

It seems common sense that this is ignorable pseudo legal noise.
Even if his name is trade marked it means nothing.. newspapers report on
(and pressumably profit from the use of) trademarked entities all the time.
As long as you use his name to link to information or to provide information
yourself there is no copyright or trademark infringment.


On 10/28/07, Philip Hands <phil at hands.com> wrote:
>
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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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