Trademarks and Acorn Software.
A RISC OS Software company that has long since exited the RISC OS market trademarked their name. The company (and trademark?) has changed hands at least once since[1] The trademark (possibly with IPR) has been sold to a company that is now using the original name. They have had ebay cancel listings of ours for software we bought new direct from the original company claiming we are infringing their trademark.
Any ideas if they right?
or pointers to relevant information please.
Trademarks and Acorn Software.
A RISC OS Software company that has long since exited the RISC OS market trademarked their name. The company (and trademark?) has changed hands
at least once since[1] The trademark (possibly with IPR) has been sold
to a company that is now using the original name. They have had ebay
cancel listings of ours for software we bought new direct from the
original company claiming we are infringing their trademark.
Any ideas if they right? or pointers to relevant information please.
When the Acorn trademark was owned by a PC company they never tried
stopping Dealers and others from using the name.
[1] A receiver may have been involved at one step. Though I'm not sure
if that makes any difference legally.
We still have quite a lot of new unsold stock from this publisher which
has been trickling out the door.
Chris Evans
In article <ant031632868pErr@client.cjemicros.co.uk>, Chris Evans (CJE/4D) <chris@cjemicros.co.uk> wrote:
Trademarks and Acorn Software.
A RISC OS Software company that has long since exited the RISC OS market trademarked their name. The company (and trademark?) has changed hands
at least once since[1] The trademark (possibly with IPR) has been sold
to a company that is now using the original name. They have had ebay
cancel listings of ours for software we bought new direct from the
original company claiming we are infringing their trademark.
Any ideas if they right? or pointers to relevant information please.
They are not right.
People claiming to be Polaroid or Debenhams are breaching our right to Freedom Of Thought And Conscience; they are lying, which is illegal.
They can't claim to be Polaroid or Debenhams any more than I can change my name to Chris Evans and claim to be THE Chris Evans from CJE Micros (not
even after you'ved been dead for an hour or so.)
In message <ant031632868pErr@client.cjemicros.co.uk>
"Chris Evans (CJE/4D)" <chris@cjemicros.co.uk> wrote:
Trademarks and Acorn Software.
A RISC OS Software company that has long since exited the RISC OS market trademarked their name. The company (and trademark?) has changed hands at least once since[1] The trademark (possibly with IPR) has been sold to a company that is now using the original name. They have had ebay cancel listings of ours for software we bought new direct from the original company
claiming we are infringing their trademark.
Any ideas if they right?
or pointers to relevant information please.
This is really one to discuss with your legal people. We are not legal experts.
https://www.gov.uk/government/publications/trade-marks-rules
https://en.wikipedia.org/wiki/United_Kingdom_trade_mark_law
https://www.bl.uk/business-and-ip-centre/articles/a-beginners-guide-to-trade-mark-infr
ingement
I am not a lawyer but the above links might give you some help. But I
would suggest talking to your legal people for advice and they can do the necessary checks.
For example, Rover Cars is now defunct - but it doesn't mean the current rights owner (BMW) can prevent me from selling an old Rover as a Rover. It just prevents me making a new car and calling it a Rover.
I think the problem here is ebay are extremely trigger happy where
trademarks are concerned: https://www.ebay.co.uk/help/policies/listing-policies/selling-policies/intellectual-property-vero-program?id=4349
https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html
There is an email address: vero@ebay.com
Examples of infringements
Items that bear the rights owner's trademark—such as a logo—but were not
authorized by the rights owner.
I would make the case that the original rights owner *has* authorised the items Chris is selling, because at the time they manufactured and sold them. That the trademark has since been sold on does not invalidate the right of resale.
I would make the case that the original rights owner *has* authorised
the items Chris is selling, because at the time they manufactured and
sold them. That the trademark has since been sold on does not
invalidate the right of resale.
The problem is this is one massive automated bun fight, where users
rights and the law don't count for much.
It's not just ebay, bots will scan every youtube video for any hint of
music (even from a radio on in the background), and sent a take down for copyright infringement, often causing accounts to be suspended.
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