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Old 15.09.2020, 19:11
Medea Fleecestealer's Avatar
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Re: Clarity on trademark / Facebook

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Thanks for that link! And for everyone's comments.

So I think my only real argument boils down to whether or not a trademark is truly protected internationally. I didn't (and still don't) think that is the case. The fact that "freecycle" has different trademarks in different countries (as per the link) is perplexing, because then who has precedence if the trademark holders are different? Similarly, whose trademark is protected in Switzerland?

Coincidentally, it turns out that I know someone who works at WIPO's arbitration and mediation centre, working specifically on disputes, so I'll provide an update after I speak with them on Monday.
What happened to the update?
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Old 15.09.2020, 22:10
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Re: Clarity on trademark / Facebook

Having (sucessfully) fought this sort of thing in a past life, it really depends on who was here first.


If you've been operating the group before they moved into Europe, you have a chance. If not... you will likely lose.


Given the branding and budget behind Freecycle, your best bet... is probably to get them to pay you to stop doing it. Otherwise, it usually is the person with the deepest pockets who wins.


(The above "pay me to go away" tactic only works if you were here first/have compelling evidence that you WEREN'T abusing their trademark. You accept 2/3rds of the possible legal fees to walk away.)


Regards




Ian
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Old 22.09.2020, 20:02
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Re: Clarity on trademark / Facebook

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They spent a lot of money taking an opinion from a QC, who probably knew what he was saying at the time. Since 'The Ski Company' related to a company that did ski teaching it can't be compared to Apple & computers, if the company was Ski Computers & they sold computers you would have a point.
I don't know the background, so I can only judge on the contents of your mail. I notice from the trade marks databases that the only registered (and now expired) trade marks containing the words "ski company" also had a logo. And if your QC said that you can't register "fruit & veg", s/he'd better hang up his/her wig at once, because you can - provided that it's not descriptive of the goods or services. "Fruit & veg" would be an unlikely mark to choose for a ski school - which would mean that it would be very registrable.
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