Interesting copyright/ tm dillema

jmcc

Peterdalkey wrote: »

Actually yes, I did own a publishing company that had one publication, a guide in book form, which sold over 1 million copies.

And were there other guidebooks in the same market?

Regards...jmcc

Peterdalkey

I will wait for your response to post #29

jmcc

Peterdalkey wrote: »

I will wait for your response to post #29

If there is a legal issue, then the OP should get a proper legal opinion.

Regards...jmcc

Peterdalkey

Or just do a simple re-brand and get on with developing his business/ezine!

jmcc

These are two .ie domain disputes that may be useful reading.

A UK company tries to claim that an Irish site infringes and cites UK trademarks.
http://www.wipo.int/amc/en/domains/decisions/html/2007/die2007-0007.html

A UK company relies on a Community Trademark (CTM) against Irish registrant.
http://www.wipo.int/amc/en/domains/decisions/text/2010/die2010-0003.html

Regards...jmcc

mneylon

This thread is amusing

Without having all the facts it's very hard for anyone to make a proper assessment of what if any rights may or may not have been infringed.

Big companies will try scare tactics.
That doesn't mean that the law is on their side.

I've seen clients of ours getting nastygrams from big firms who were trying to claim rights in generic terms.

It's a scare tactic and a lot of a them are without any merit

Now that doesn't mean that the OP didn't infringe or that the UK competitor wouldn't have standing.

But we don't have all the facts so there's a lot of wild conjecture and very little else

Regards

Michele

Peterdalkey

The lack of any response or clarification on the discussion points by the OP is in itself rather telling!!

The OP may well be in the clear legally but this does not mean that the best commercial/business response is to win that particular battle. I would be more concerned with the impact on the space buying decisions of prospective advertisers. If they became aware of or even embroiled in such a dispute/conflict, they would run a mile.

businessdit

Peterdalkey wrote: »

Or just do a simple re-brand and get on with developing his business/ezine!

Thanks for the responses everyone -

I decided that it was best not to respond to everyone's points as in truth I have no experience in this are of trademark and copyright and would only have confused things...

I think the best advice that I have been given is just to rebrand the title... The magazine is young and i think this is the best way to just move on and grow the business ... Regardless of who is technically right or wrong in a court of law. I certainly do not have the time or money to find out...

Thank you sincerely for all of your detailed comments and input.

Regards
A

terryhobdell

Never ever ever ever get involved in unnecessary legal issues. You make guys in wigs rich spend your life worrying over the problem do nothing for your own business for years. Just cut and run, change name and make your fortune.Who cares whose right.

Gloomtastic!

businessdit wrote: »

Thanks for the responses everyone -

I decided that it was best not to respond to everyone's points as in truth I have no experience in this are of trademark and copyright and would only have confused things...

I think the best advice that I have been given is just to rebrand the title... The magazine is young and i think this is the best way to just move on and grow the business ... Regardless of who is technically right or wrong in a court of law. I certainly do not have the time or money to find out...

Thank you sincerely for all of your detailed comments and input.

Regards
A

Just stick an Irish before the word or Ireland after it.

Good luck to you!

CelticRambler

There's no reason for the OP to abandon his .ie domain - taking his example, if he re-brands his magazine as "SugarLoafSummit.ie" it's perfectly reasonable for him to register and redirect summit.ie and summit-dot-anything else (if available) to sugarloafsummit.ie

DroghedaTutor

Hi all,

I've read through this thread with interest.

I am setting up a print magazine with online presence. I cannot find a similarly titled magazine online, although I have been only using google searches so am open to being corrected on this.

I have purchased the domain names

<magazinename>magazine.com
<magazinename>magazine.co.uk
<magazinename>magazine.ie

What is the correct procedure for me to copyright the magazine title and it's contents?

Any advice appreciated.

Thanks.

Gloomtastic!

DroghedaTutor wrote: »

Hi all,

I've read through this thread with interest.

I am setting up a print magazine with online presence. I cannot find a similarly titled magazine online, although I have been only using google searches so am open to being corrected on this.

I have purchased the domain names

<magazinename>magazine.com
<magazinename>magazine.co.uk
<magazinename>magazine.ie

What is the correct procedure for me to copyright the magazine title and it's contents?

Any advice appreciated.

Thanks.

You could just publish it. Anything else is just additional cost. Stick a © <company name 2014> on the contents page.

Once it's out there in the public domain it can't be copied.

Graham

Claiming copyright only covers the content, it generally wouldn't cover a name/title.

pedronomix

if "magazinename" is a unique word, you may be able to register it as a trade mark. If not, it is highly unlikely that anyone would have the slightest interest in trying to steal your name and if they did you could take an action for "passing off"