Re: Re: Copyright relating to trademarks.

From: Danceland <Info[_at_]danceland.tv>
Date: Fri, 06 Jan 2006 14:55:00 -0500


Thanks for getting back to me David,

Yes they have made threats by stating in a letter that, "unless you give us your unqualified undertaking that you wont use the title then we will be obliged to seek remedy by proceedings" and that I "must refrain from publishing in any way shape or form or they will place a cease and desist order against me".

I really don't know what to do as they are a huge global company.

and compared to them legally, I am a "man of straw" if you see what I mean. However I feel that morally this is unfair, as what's the point owning a pre'dated copyright, if a trademark in the same area can overrule it everytime?
Does this just come down to the size of lawyers?, it doesent seem fair.

Any ideas?

Many thanks

Jake

Jake - have they made any threat against you?

Sounds like you are what's called an "honest concurrent user" which can be a defence against trade mark infringement.

David Stewart
Head of IP/IT - Perth
Minter Ellison
Level 49, Central Park
152-158 St Georges Terrace
Perth, Western Australia 6000

Direct Line: + 61 8 94297494
Mobile: +61 (0)416 357 505
Fax: +61 8 9429 7666
E-mail: david.stewart[_at_]minterellison.com

www.minterellison.com

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Danceland Sent: Thursday, 5 January 2006 12:41 AM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Copyright relating to trademarks.

I have a question that I'm hoping someone could answer. I own a copyrighted character that predates a company who is trading in the UK with the same name but the latter company has the trademark's in the particular area's associated with this property (in this case "printed matter" and "merchandise") Does this mean that even though your characters copyright predates the company who has been trading for some 20 years with the same name by 10 years that you cant trade with your character in any of these area's in any way shape or form?

Many Thanks

Jake Livingston

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Received on Sat Jan 07 2006 - 00:55:00 GMT

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