Recent content by lww

  1. L

    Trademark Infringement - David vs Goliath

    I would certainly agree with that, and I would add that although the amateur falls down on procedure, that is exactly why the small claims tracks exist... there is a leniancy offered to the amateur that would not exist in a full court. And I also understand that IP disputes very rarely get to...
  2. L

    Trademark Infringement - David vs Goliath

    Thanks for the comment but I disagree on both of your points - obviously all cases are individual and hence different, however that doesn't mean there aren't generic questions that can be answered (like a law degree, explain and apply). I gave the background to my case for context but I thought...
  3. L

    Trademark Infringement - David vs Goliath

    Thanks this is very useful, I hadn't come across this before! Unfortunately it won't apply for us as our annual turnover exceeds their £100k threshold. I have a free 30 minutes initial advice via Rocket Lawyer scheduled so will feed back here if they clarify any of the above points.
  4. L

    Trademark Infringement - David vs Goliath

    Thanks, I realise I have alternatives, but as I said above I'm happy enough taking it to court myself, there are just some points I'm hoping to get clarified - the critical ones seem to me to be: 1. Can a product be considered to sit in 2+ classes, ie. be both a construction toy and a globe? 2...
  5. L

    Trademark Infringement - David vs Goliath

    Goliath is a multi-national with a UK division, they are about 1 tenth the size of those you mention. The co-branders/licensees on this range of products however are about ten TIMES the size of those mentioned! Goliath do a similar range of construction products that are similarly co-branded...
  6. L

    Trademark Infringement - David vs Goliath

    Unfortunately these are some of the biggest brands in the world, I don't think I would even manage to get an autoreply to be honest... of course, the flip side is that Goliath faces the prospect of being unable to sell these products in the UK should I manage to "win", I can't imagine the mega...
  7. L

    Trademark Infringement - David vs Goliath

    I can't honestly work out why they used it either - we use it on our products but they aren't world-renowned top-sellers or anything. But they use it on their entire range of these co-branded products, it is like they came up with it as a product name and simply neglected to check the IP first...
  8. L

    Trademark Infringement - David vs Goliath

    Thanks for the replies so far. I'll reply to each separately so as to avoid making this post too long! I assume your "wheel is a wheel" comment is agreeing that a globe is a globe even if it's made from a construction toy? I take your point about the details, but in a case where there is an...
  9. L

    Trademark Infringement - David vs Goliath

    I have anonymised the below so parties cannot be identified, hence details of the trademark issue have been changed to an "example" that is close to our situation. I have dealt with IP and legal issues myself over the years without problems but this one is proving less simple: We (David) have...
  10. L

    Checking CE Marks?

    A testing company can issue a certificate of conformity if they like, but that is just their own declaration, it has no basis in law because there is no requirement to have a "CE certificate" and there is no database or register to "check" a CE certificate. CE testing firms will obviously want...
  11. L

    Checking CE Marks?

    There is no such thing as CE Certification, it's "CE marking" - therefore there is no way to check whether something is "validly CE certified". To clarify a little, there are many companies that offer CE testing and possibly offer a "certificate", but ultimately the only requirement is to CE...
  12. L

    Amazon FBA Labelling Questions

    I would say: * No * Yes * Yes * Yes Generally all products require a UPC/EAN barcode or a personal SKU sticker - it's easier to just put on proper barcodes if you can... if it's your own product then they will be your own barcodes, if it's an existing 3rd party product then just use theirs...
  13. L

    Board games - your views

    One of our products is a family board game and it is a tough market - as well as the startup costs of artwork, design and manufacturing, as previously mentioned it's all about marketing. Not only will you struggle to get retailers interested without that marketing but without a range of...
  14. L

    Am I obligated to have salary being the director and having 100% of the Ltd company?

    ...provided you don't have a contract of employment with your company (which you don't need to as a Director, but just pointing it out!).
  15. L

    Educational sales routes?

    We speak to a lot of teachers and even if they are not tied to LEA suppliers, and most are, they typically tie themselves to an educational (catalogue) supplier. They have no interest in moving outside of these parameters, and say marketing attempts such as emails or mail shots are binned...
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