Commercial Plagiarism

[renewablejohn]

Is there phrase in his advert that you could register as a trade mark then every time he uses that phrase he will actually be advertising for you as the legitimate owner of the trade mark. ie cheerio which could mean goodbye but also a breakfast cereal.

[The BJG]

if you have already published this advert, i think you DO have a leg to stand on.

however it is a personal legal battle you have to chase.

however, i do recall someone saying to me its a different kettle o fish if they have copied web content off you. i think this is the one place that the web self regulates pretty well.

if they have copied you and have published it as their own, their web host has to remove it.

problem is how do you find out their web host is. (and how much money you are willing to give to legal people!)

how incredibly boring for you...

 

You can use whois.com they will hold the current details of who is hosting owns the domain etc etc

[Ian Flatters]

I may ramble a bit with this. The name can only be enforced if its protected by a trade mark not copywright. I.e a sole trader trades as Joe bloggs trading as King tree. This does not stop another sole trader being Mat smith trading as King tree. But registering this will stop this happening in the UK. There are ways round it E.g. MR TREES, nothing stopping someone else being MR TREEZ.

 

Mission statments are very hard to enforce copywright on because 'your industry' will have alot of people with the same aims and goals. Common one for our is 'trees managed from a health and safety point of view.' If they've ripped of something like over 10yrs experiance and cannot back this claim up with past employment, certificates etc. Then thats a whole different kettle of fish (false advertisement). To be honest theres very little you can do and its probaly not worth throwing money at as the end result won't get your money back.

 

Also trade marks cost about £250 to register and have to be renewed every 10 years

 

see the goverment website for trade marks http://www.ipo.gov.uk/tm.htm

Edited February 17, 2010 by Ian Flatters

[Stuart A-C]

There is a guy down here that advertises as certified arborist. He is not actually a certified arborist or have climbing/rescue tickets!!

[Ian Flatters]

There is a guy down here that advertises as certified arborist. He is not actually a certified arborist or have climbing/rescue tickets!!

 

AA cert arborist? if so id inform the AA as im sure they took someone to court last year over signs on the truck. Id assume they'd take him to court too.

[skyhuck]

This does not stop another sole trader being Mat smith trading as King tree. But registering this will stop this happening in the UK. There are ways round it E.g. MR TREES, nothing stopping someone else being MR TREEZ.

 

 

Who would enforce that for you?

 

I think it could well be like wining CCJ, you get a piece of paper saying they MUST pay you, but how do you make them pay??

 

Only 20% of CCJ get paid.

Edited February 17, 2010 by skyhuck

[Ian Flatters]

Who would enforce that for you?

 

I think it could well be like wining CCJ you get a piece of paper saying they MUST pay you, but how do you make them pay??

 

Only 20% of CCJ get paid.

 

Im trying to say theres alot of pit falls and loop holes. The IPO will provided the information on reg trademarks. But like i said its going to be very, very hard to prove that even yourself came up with the mission statement. Unless you've been going longer than them you might be able to, but not sure. Check the website i posted it should have all the info you need. Also probaly explained alot better than i have.

 

P.S Good luck,

 

Sorry registering the trademark effectively takes it off the market like website domain names.

[skyhuck]

Im trying to say theres alot of pit falls and loop holes. The IPO will provided the information on reg trademarks. But like i said its going to be very, very hard to prove that even yourself came up with the mission statement. Unless you've been going longer than them you might be able to, but not sure. Check the website i posted it should have all the info you need. Also probaly explained alot better than i have.

 

P.S Good luck,

 

I think your missing my point.

 

I'm sure there is plenty of legislation to protect registered names etc.

 

But the kind of people who ripoff other firms names don't give a toss about legislation.

 

WHO is going to make them stop using your name??? the police??

[Ian Flatters]

I think your missing my point.

 

I'm sure there is plenty of legislation to protect registered names etc.

 

But the kind of people who ripoff other firms names don't give a toss about legislation.

 

WHO is going to make them stop using your name??? the police??

 

Yep or the courts but as i've been saying your going to have to prove it, thats the hard bit. IMO its like, well how many tree companys say 'complete tree care' on thier website, side of van, cards? Techincally thats as bad as someone ripping your mission statement off.

[Stuart A-C]

AA cert arborist? if so id inform the AA as im sure they took someone to court last year over signs on the truck. Id assume they'd take him to court too.

 

He does not mention the AA, it reads:-

 

X.X Tree services

certified arborist to carry out all aspects of tree work