Portable Cabins.

[BrecklandGroup]

Hi,

received an email from PortaKabin today asking me to remove the words PortaKabin and Portacabin from my blog.

Do I really need to remove the word Portacabin as it is not a trademark although they argue it is. I would prefer to use a generic 'portacabin' term as 1) They have gotten my back up and 2) I get quite a few hits from the article with regards to installing WiFi network in them.

The article in question is here:
http://www.breckland-it.co.uk/blog/3-reasons-to-network-wifi-your-chicken-and-pig-farms

Email is below:

USE OF THE PORTAKABIN® TRADE MARK
I have recently been made aware of the article on your website at the above link. In particular, I note that it contains use of the word "portakabins".

I am obliged to remind you that PORTAKABIN® is a European and UK registered trade mark of Portakabin Limited. As such, the PORTAKABIN® trade mark should only be used to refer to portable buildings that have been manufactured by Portakabin Limited. It is not a generic term. In addition, variants of our PORTAKABIN® trade mark, such as, for example, portacabin, should not be used to refer to portable buildings at all, even if they have been manufactured by Portakabin Limited.

The purpose of this message is to kindly request that you remove all references to the word "portacabin" from your website. On a more constructive note, could I suggest use of generic terms such as "cabin", "jackleg cabin", "portable cabin" or "modular building" as appropriate.

On the face of it, this may seem trivial, but it is very important to us as a business and we would be most grateful for your cooperation.

Regards
Dick Ellershaw

David

 

[R&J]

On the face of it they may well have you up against the wall here.

I remember a Rugby League team which had to change its name because someone in America registered a trade mark with the same name.

 

[harry munker]

It might be a registered name but can see your reason for using it.Everyone knows them as Portacabins.Similar I suppose to vacuum cleaner being really known as Hoovers which actually was the company name

 

[R&J]

Not worth the hassle in my view. Do as they ask and use a different name.

 

[yorkshirejames]

If they are allowed to stop you from offering your service for portakabins, then Ford is entitled to ask every back street garage to stop advertising that they can service Ford cars! I'd be tempted to just ignore, and wait to see if anything comes by post.

 

[BrecklandGroup]

Can't be bothered with it, just sent this reply:

[FONT='Calibri','sans-serif']I have changed, what I believe to be a fair and acceptable use of the word 'portacabin' to portable cabin. Can you please advise on guidelines for the use of the word Portacabin - for instance, should I wish to write a blog entry regarding PortaKabins request that I remove the word portacabin from my site, that would be acceptable use?[/FONT]

 

[Zeno]

It seems to me that they have asked you fairly & politely to respect their intelluctual property.

It is as pointed out an example of a genericised trademark along with hoover, biro etc but one that has not yet lost it's legal protection.

 

[BrecklandGroup]

It seems to me that they have asked you fairly & politely to respect their intelluctual property.

Portacabin is not a trademark.

 

[David Warrilow]

Private Eye have had long-running coverage of their trademark enforcement....maybe a letter to them might be fun?

 

[cabsitebuilding]

Don't worry about it it's not trademarked, just go about it in a friendly manner at this moment in time.

 

[webgeek]

Their intellectual property may include the brand name / product name, but that doesn't mean that no one can speak their name, in any context, without their expressed written approval.

Generally speaking, "if you're reusing someone else's material on your blog for the purpose of providing criticism, comment, news reporting, teaching or research, then you may not have to seek permission." under fair use provisions.

It's one thing to portray yourself as being the brand name, being owned by the brand name, being a licensed retailer, or other 'official' entity. It's an entirely different matter to make passing reference to protected items such as brand names.

 

[S-Marketing]

Their intellectual property may include the brand name / product name, but that doesn't mean that no one can speak their name, in any context, without their expressed written approval.

Generally speaking, "if you're reusing someone else's material on your blog for the purpose of providing criticism, comment, news reporting, teaching or research, then you may not have to seek permission." under fair use provisions.

It's one thing to portray yourself as being the brand name, being owned by the brand name, being a licensed retailer, or other 'official' entity. It's an entirely different matter to make passing reference to protected items such as brand names.

Good advice but i'd imagine it sorted by now. Unless they have been arguing for 2 and a half years.

 

[webgeek]

ARGH! I'm blaming it on my old eyes and poor glasses, missing the OP date.

 

[S-Marketing]

ARGH! I'm blaming it on my old eyes and poor glasses, missing the OP date.

It happens to the best of us. I just didn't want you wasting your time on it.