Trademarks

[Projectmaster]

Hi everyone, I haven't been on the site in ages but I wondered if anyone has had any experience with trademark law and domain names.

Basically a friend bought a domain name for a tongue in cheek site that he thought would be a laugh: www.manflu.org.uk site, built the site got a few hits and some people have said its funny.

Anyway last week he got an email from some guy that owns the trademark, the title of his email was LEGAL ACTION, nice huh, anyway he basically threatened that if they sell anything from the site he would take legal action, my friend sent an email back saying that he was shocked at the email response etc etc then got a second email outlining that there's a lot of money and coporate blah de blah involved and they will take all measures to protect their trademark......

anyone come across this before ?

[Jeewhizz]

Well you aren't selling anything, so I wouldn't worry about it!

He only has the TM in certain classes, I imagine all the useful ones however.

[Eagle]

Stop correspondence with the plaintiff now and contact a patent & copyright attorney (http://www.crossguard.info).

[robwoollen]

I searched on www.ipo.gov.uk (http://www.ipo.gov.uk) and I couldn't find manflu, man-flu or man flu anywhere. So I think they may be trying to fool you. You need to do a proper search usng their name and address etc

[Simon-M]

Seems that their trademark is an existing medical condition :)

http://www.telegraph.co.uk/health/main.jhtml?xml=/health/2007/11/10/hmanflu110.xml

Just because someone has a trademark on something does not automatically mean it can not be challenged in court.

People often trademark common words like Logo Co and they add a design that represents their company. It's a logo. The trademark in this case is the design and not the words. The words are too common and a trademark is very unlikely to be granted for them. Should a situation arise where someone is saying that you are breaching their trademark then you need to ask them which trademark they are referring to.

All trademarks have a number associated with them. You can search on this.

Simon

[robwoollen]

Uh-oh -I found it. you need to go beyond the initial search apge and into the actual trademark search. The guy has registered it for almost everything. However, speak to an attorney, because it is not enough to register the mark, you need to prove that you are actively using the mark for the purpose you reserved it. Also, as it was registered in 2005, he has until 2010 to use the mark for every single use he registered for or you can apply to have it revoked. As you are n ot selling anything, I don't see what he can do to you - also. he has not trademarked "humorous website"!

Here's what he has registered it for: -


05:
Analgesics, bath preparations medicated, bath salts, candy for medical purposes, candy medicated, capsules for medicines, capsules for pharmaceutical purposes, chewing gum for medical purposes, confectionery, medicated lotions for pharmaceutical purposes, tissues impregnated with lotions, lozenges, malted milk beverages, medicinal drinks, tea, pastilles for pharmaceutical purposes, cough medicines, decongestants, tissues, medicated waters, pharmaceutical preparations, food and beverages adapted for medical purposes.
Class 11: Cushions, electric blankets, drinking water filters, foot warmers/muffs, hot water bottle.
Class 16: Announcement cards (stationery), advertising boards of paper or card, bags, books, calendars, cardboard, cards, comic books, covers, paper, card, printed matter, photographs, stationery, instructional and teaching material, plastic materials for packaging, promotional material, facial tissues, mats for beer glasses, toilet paper, boxes for tissues, office requisites (except furniture).
Class 24: Bed blankets, bed clothes, bed covers, bed linen, bed spreads, blankets, covers for cushions, duvet covers, flannels, pillow cases, placemats, rugs, handkerchiefs, textiles and textile goods.
Class 25: Clothing, footwear, headgear.
Class 28: Games and playthings, gymnastic and sporting articles not included in other classes, decorations for Christmas trees.
Class 29: Broth, broth concentrates, fruit chips, fruit jellies, fruits, nuts, salads, soups, vegetables (preserved dried and cooked fruits and vegetables), yogurt.
Class 30: Beverages, biscuits, buns, cakes, chewing gum, Christmas tree confectionery, coffee, tea, confectionery, cereal, ices/ice cream, frozen yogurt, fruit jellies (confectionery), lozenges, pastilles puddings, sorbets, sugar confectionery, yoghurt, chocolate drinks bread, pastry.
Class 32: Mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrups and other preparations for making beverages, shandy, de-alcoholised drinks/beer/wine, flavoured waters, energy drinks, soft drinks.

[Crossguard]

We handle this sort of thing all the time - if you'd like to email me with the details, we can advise you further.

[Projectmaster]

Thanks for all the info guys....I took some advice and you're all basically right. As long as I don't sell anything under the classes he has it registered as I'm ok, but also even if I did, he'd have to prove, as you say, that he was actively using the trade mark and it would cost him a fortune but I think I'm right in saying that he also has to actively protect his trademark and so if I did decide to sell something he would have to take me to court....if not his mark wouldn't stand.

I was also advised that I could register it under another class which included wedsites and their designs, which would probably only piss him off a bit (scuse the french). Anyway, thansk for the advice....funny enough after all the agressive emails and my responses full of jargon, it took one email basically saying.......

Tell you what, when I step out of line or infringe you're trademark....tell me about it, then we'll talk......

Not heard a sausage since.

One more thing, if anyone has any piccys of someone with Manflu I need some for the gallery, and any other ideas you have for the site would be appreciated.

[DotNetWebs]

Hi PM

Nice to see you around here again!

Regards

Dotty