Copyrighting on the word "Rescue"

I was at work today (Dublin's fair airport) and as I stood at my post, I spotted a bunch of nice ladies handing out freebies from Rescue Remedy in little yellow bags marked "Rescue". On my break, I went to find these ladies, and came across their manager/controller/ the person with the box of freebies. As a member of Civil Defence, I made a request to see if they had any spare bags, as I felt that these bags would be handy for use in first aid posts as little bin-bags for used band-aids, used hygene gloves and the like (not that important, but still.) She said no, which is ok, but she also said that the word Rescue was Copyrighted on the pack and, sure enough, in the corner of the word "Rescue", there was the little circled "R".

I've no problem with this, I just didn't think you could copyright words like that. If you wanted to be pedantic, I can think of vehicles, first aid kits, helmets, and a whole lot of other stuff that is marked "Rescue".

Any copyright law specialists want to figure this one out? is there a special dispensation or something?

Rhonda9000

First off, the function of a trademark is so that consumers can identify the commercial origin of a product. It is defined as "any sign capable of distinguishing goods or services" under the Trade Marks Act 1996 s.6(1). A trademark can be a wide number of things including a name or word, packaging, pattern, shapes s. 6(2).

Companies register trademarks -obviously enough- to lock down their intellectual property rights / capital. An unregistered trademark gives no cause of action except where there is passing off, whereas a registered mark is a property right and the holder enjoys rights and remedies for infringement under the 1996 Act.

Your instinct regarding the trademarking of ordinary English words is correct. The Irish Patent Office refused to register 'bubble wrap' as a trademark in this jurisdiction as it was held to be generic and devoid of any distinctive character. Case: Sealed Air Corp v. Patent Office 2003.

My best guess would be that the word 'Rescue' was presented in some distinctive way. You mention the bags were yellow. From my recollection, the rescue remedy box and bottle are yellow in colour and the font is a particular style. Therefore, I would conclude that the trademark didn't exist on the word 'Rescue' alone but instead rested on the shade of yellow, font used etc.

CantGetNoSleep

SeaSlacker wrote: »

I was at work today (Dublin's fair airport) and as I stood at my post, I spotted a bunch of nice ladies handing out freebies from Rescue Remedy in little yellow bags marked "Rescue". On my break, I went to find these ladies, and came across their manager/controller/ the person with the box of freebies. As a member of Civil Defence, I made a request to see if they had any spare bags, as I felt that these bags would be handy for use in first aid posts as little bin-bags for used band-aids, used hygene gloves and the like (not that important, but still.) She said no, which is ok, but she also said that the word Rescue was Copyrighted on the pack and, sure enough, in the corner of the word "Rescue", there was the little circled "R".

I've no problem with this, I just didn't think you could copyright words like that. If you wanted to be pedantic, I can think of vehicles, first aid kits, helmets, and a whole lot of other stuff that is marked "Rescue".

Any copyright law specialists want to figure this one out? is there a special dispensation or something?

Would be a bit dodge leaving used band aids and first aid gloves in plastic bags I'd say

dothis

Rhonda9000 wrote: »

First off, the function of a trademark is so that consumers can identify the commercial origin of a product. It is defined as "any sign capable of distinguishing goods or services" under the Trade Marks Act 1996 s.6(1). A trademark can be a wide number of things including a name or word, packaging, pattern, shapes s. 6(2).

Companies register trademarks -obviously enough- to lock down their intellectual property rights / capital. An unregistered trademark gives no cause of action except where there is passing off, whereas a registered mark is a property right and the holder enjoys rights and remedies for infringement under the 1996 Act.

Your instinct regarding the trademarking of ordinary English words is correct. The Irish Patent Office refused to register 'bubble wrap' as a trademark in this jurisdiction as it was held to be generic and devoid of any distinctive character. Case: Sealed Air Corp v. Patent Office 2003.

My best guess would be that the word 'Rescue' was presented in some distinctive way. You mention the bags were yellow. From my recollection, the rescue remedy box and bottle are yellow in colour and the font is a particular style. Therefore, I would conclude that the trademark didn't exist on the word 'Rescue' alone but instead rested on the shade of yellow, font used etc.

I would agree with this and just add for the sake of clarity that copyright does not protect things like "Coca Cola" and "Nike" that is the job of Trade Marks. Copyright protects artistic work.