Mellotronists

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)

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