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Old December 7th 08, 10:29 AM posted to rec.radio.cb
Peter Peter is offline
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First recorded activity by RadioBanter: Oct 2008
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"Telstar Electronics" wrote...
Peter... I never realized you were a corporate attorney...
Will you take my case when my partners take me to court?... lol


Grifter man,

It does not take an attorney to understand a dictionary and know that a
"partnership" involves all partners agreeing to be part of it. Also, sole
traders, partnerships and companies (or corporations) are different
beasts. Sole trader and partnership businesses are very simple, they
have few simple rules - allowing anyone to earn a living.
I can start up as a sole trader right now, if I wish. With one or more
*willing* partners, I could start a partnership. I would not need to
register the business, I could do my own accounts and submit them, I
could change the business in any way I like at any time.

Trade marks, names, logos, designs, etc. are protected by Intellectual
Property rights, copyright, designs and patents laws.

But in case you really do believe that it's fine to use a trademark, name
or logo to imply association, try this...
http://www.bitlaw.com/internet/webpage.html
quote
Web page designers should avoid trademark usage that might cause
confusion among viewers as to the source or sponsorship of the web
page. Such use might well constitute trademark infringement.

trademark infringement occurs when one party utilizes the mark of
another in such a way as to create a likelihood of confusion, mistake
and/or deception with the consuming public. The confusion created
can be that the defendant's products or services are the same as that
of the plaintiff, or that the defendant is somehow associated, affiliated,
connected, approved, authorized or sponsored by trademark owner.
/quote


There are legal cases that hit the news, including ones for simply using a
trade name as a search keyword:
http://www.out-law.com/page-2446
http://www.out-law.com/page-5242
http://news.cnet.com/2100-1030_3-5564118.html
http://www.out-law.com/page-9638
quote
It says that the use of its marks enables M&S and Flowers Direct "to
free-ride upon the fame of the Trade Marks, thus conferring upon
themselves and/or their goods or services an unfair advantage over
the Claimants and/or other traders, and/or members of the public."
/quote
Other trademark owners consider that it causes confusion when someone
searches for them and gets some other Web site pop up. They find it
particularly annoying when it is a rival Web site :~)


There are also cases involving big names busting, such as Levi Strauss' and
Microsoft taking on Tesco (UK supermarket chain) to stop them from
selling their products cheap.
http://www.theregister.co.uk/2001/11...ing_what_does/

Only this year, Alan-UK (Alan, Midland, Albrecht brands) have used
their rights over use of names to ban people from selling genuine products
through eBay and Amazon.
quote
"If any of our products from the Midland, Alan, Albrecht brand are
sold on either of these websites your account will be terminated
immediately. All listings of our range will be taken off of Ebay and
Amazon by Alan UK Ltd as we hold the IP Intellectual Property
Rights) for these brands."
/quote
http://www.alantrade.co.uk/
http://members.ebay.co.uk/ws/eBayISA...erid=alanukltd

They claim that it is to protect the consumer, but many consumers believe
that it is to stop cheap sales, enhance the image of "quality" through price and
boost profit margin.
http://www.transmission1.co.uk/index...ewtopic&t=5996



But if you have agreed it with your "partners" that their brand or trade names
can be used as on your site, then you have nothing to worry about. Otherwise,
if you do get your nads busted then you can blame nobody but yourself.


Regards,
Peter.