Discussion:
What is the name of your state? I am in UK
Do I have a case against a very very big USA company that have stolen my trademark name.
I am in UK and the company in question are very big in USA, but I have proof of using name in UK for 4 years before it appeared in USA.
I know I am protected in UK but how about an American pilferer?
I have tried UK lawyer, but they are not very well versed in US law.
They have advised me to get info from US.
I do not mind paying for legal advice, to anyone who can help me?
Answer:
[quote]Originally posted by lizzyb
[b]What is the name of your state? I am in UK
Do I have a case against a very very big USA company that have stolen my trademark name.
**A: read Rule #2.
*******
I am in UK and the company in question are very big in USA, but I have proof of using name in UK for 4 years before it appeared in USA.
**A: that's nice.
********
I know I am protected in UK but how about an American pilferer?
**A: how about it?
********
I have tried UK lawyer, but they are not very well versed in US law.
**A: I wonder why?
********
They have advised me to get info from US.
I do not mind paying for legal advice, to anyone who can help me?
**A: and how much are you willing to pay?
Answer:
HOME GURU
Why are you being so sarcastic to me?
I have a genuine grievance here, it is a made up name not a generic name!
And for your information I am willing to pay whatever it costs.
I suppose you are very up on UK law, which is why my lawyers are on a par with you, NO doubt.
Thank you for your help anyway, but can I fight a US company or what?
And please direct me to article no 2, er, where??
I am really glad I came to this site for help, they say that no-one can insult you so well as the good old USA!!!!
Answer:
Thank you I just found it for myself.
US law only!!!
I mistakenly thought that a US company comes under US law!!!
So how does a Uk person with a grievance fight the old USA?
Well thank you for your welcoming response, and your charming manners!
Answer:
Let me be very SIMPLE with this response.
Your use of a name in the UK does NOTHING to prohibit anyone else from using it in other countries, even the Good Old US of A.
If it did, Frito-Lay, Inc. would sue the ass off every small 'chip' shop in the UK.
Answer:
Thank You for that clarification.
And obviously my use of good manners and politeness DOES prohibit usage in other countries!!!!
Answer:
And Jet is so close to the answer that it's scary.....even in light of the copyright directive which passed into EU law on 22 May 2001
Read Euromarket Designs v Peters on which the High Court of London just passed judgement. You won't like it.
Answer:
Originally posted by JETX
Let me be very SIMPLE with this response.
Your use of a name in the UK does NOTHING to prohibit anyone else from using it in other countries, even the Good Old US of A.
If it did, Frito-Lay, Inc. would sue the ass off every small 'chip' shop in the UK. And also I am sorry to have upset you, and your fetish for Frito-Lay.
I cannot think of one small "chip" shop in UK called anything like that. Frito-Lay, I don't think so!
Dur!!! just realised, nothing is "small" or important in the (quote) Good old US of A.
Answer:
And 'hex' would be correct if the issue here was usage of a trademark on a website (which that case litigated).
Euromarket Designs v Peters:
"The claimant, an American corporation, operated stores under the name of Crate & Barrel in a number of US cities. The defendant owned an Irish company which operated one store in Dublin, also called Crate & Barrel, and used the name on its website. The claimant applied for summary judgment on the basis of infringement of its UK mark by the defendants website. Mr Justice Jacob found that is was not established that anyone in the UK would regard the defendant's website as targeted towards them. The defendant's target market was Ireland and accordingly he held that the claimant's UK trade mark was not shown to be used in the course of trade by the defendant's website. Jacob J recognised that other situations may be different. He cited the example of amazon.com which actively seeks worldwide trade by advertising its business in the UK and offers and operates a real service of supply of books in the UK."
Simply, an issue of a UK trademark being used in another country would require teh mark holder to prove that such use would createa "likelihood of deception or confusion." We have nothing in this thread to assume that is the case.
I refer you to the following similar (but reversed) situation:
Also:

Answer:
"I cannot think of one small "chip" shop in UK called anything like that. Frito-Lay, I don't think so!"
**** And clearly that went over your head.
Frito-Lay is the worlds largest manufacturer of what you call 'crisps'.... and we call 'chips'.
Ergo...... anyone shop using the terms 'chips' in the UK would be in violation of Frito-Lays, Inc. 'chips'.
(Damn, I hate it when I have to explain these!!)
Answer:
Originally posted by JETX
"I cannot think of one small "chip" shop in UK called anything like that. Frito-Lay, I don't think so!"
**** And clearly that went over your head.
Frito-Lay is the worlds largest manufacturer of what you call 'crisps'.... and we call 'chips'.
Ergo...... anyone shop using the terms 'chips' in the UK would be in violation of Frito-Lays, Inc. 'chips'.
(Damn, I hate it when I have to explain these!!)
Damn, Bugger and Double Damn!!!!! I hate it also when something goes over my head.
I am usually pretty quick!
Dagnavvit, (is that spelled correctly?)
OK Jet, I owe you one.
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