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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. |
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