From: Colin Crawford <
g-colin.crawford@...>
Date: Sat Jan 31, 2004 6:07:11 am Europe/London
To: "Markus Resch" <
rah287w@...>
Subject: Re: SV: [Mellotronists] Re: Tron body
(Here is my previous posting with better nettiquette. WHY does the
default 'reply' always get it wrong on this list!!)
MARKUS!!
Absolutely... an idiotic product indeed, ,and probably an infringement
of your trademark.
Actually under British law, a manufacturer must produce goods in
several categories to protect against trademark infringement, or other
firms passing off their goods as other brands'. Whilst it is certainly
illegal for another company to produce a keyboard, musical instrument
or similar item with your trademark, unless you produce, or HAVE
produced items in other key categories, they COULD be produced by other
companies using the name MELLOTRON ...
For example:
Every so often, Rolls Royce produce toys, clothes chocolates etc. with
their brand on the label. This prevents other companies creating "Rolls
Royce Candy"..etc.
If this nobhead making Mellotron-alikes decided to produce a range of
clothing called "Mellotron", there's nowt you can do about it....
UNLESS you've previously made it and registered the fact yourself. A
few years ago, you may remember young hip-hop types wearing black
hoodies and carrying Record Bags bearing the TECHNICS logo. These sold
in millions, but were created (legally) by a small clothing company
here in Cheltenham. Because Matsushita (the makers of Panasonic and
Technics) hadn't ever made clothing, and the tiny Cheltenham company
WERE in that business, Matsushita had no rights to the name on a
t-shirt whatsoever! The same company now legally owns the rights to
make flight bags called "Pan-Am"!! Recently, Uncle Bob released a
range of clothing with his logo "moog' printed on the front. "moog
synthesizer" t-shirts have been produced for years quite legally by a
London company called "Mendoza" with no infringement of Bob's rights.
Ironically, if they wanted, they could in all probability sue Bob for
using their name on a t-shirt.
On Friday, January 30, 2004, at 11:29 pm, Markus Resch wrote:
> First of all: This is definitely an infringment of our copyrighted
> trade
> mark. It is not allowed to use the name "Mellotron" on any kind of
> product
> without our permission.
Probably. See above.
> That's why the CD-rom is called "M-tron" for
> example.
Does Mellotron write computer software? Unless you're in the computer
business, then this is a moot point. Whilst passing off the CD -ROM as
a genuine product of the Mellotron company WOULD be illegal, there is
probably no law at all about some firm calling themselves "Mellotron
Software Ltd" and releasing the "Tron-ROM" or something similar....
ANYONE out there is free to produce Mellotron brand chocolates.... and
Streetly brand underwear.
Best
C
(I think I FOUND some Streetly Underwear recently.
Soiled, it was)
http://www.s-club.co.uk
Sundae Club∗
[there ain't no party]