"streaming radio" - copyrighted?

[DuaneJackson]

I've just received the following email, surely it's rubbish and the phrase is too general to be considered copyrighted?

"You are using my brand copyright, Streaming Radio as keywords on google. Under google terms and conditions you cannot use brand names or copywritten brands.

Please remove your adverts from Streaming Radio, Streamingradio or such names immediately or legal action will be taken"

 

[bwglaw]

The question is whether 'streaming radio' is a registered trademark. If so, then it would be unlawful to use the trademark as a keyword either on your own site or Googles.

If it is not a registered trademark there is little for Streaming Radio to go by other than attempting to make a claim for passing off. I cannot ascertain this without looking at the material to see if you are competing in some way.

There are an increasing number of people sending simple emails claiming legal title/rights to various content/keyword etc and many are without any foundation whatsoever. This is not to say that this particular claim has no merit.

If you need specific advice I would suggest you contact Philip at Crossguard who is a specialist in this area.

Jonathan

 

[DuaneJackson]

Thanks Jon, much appreciated.

 

[Dawg]

"Streaming" is a descriptive term, and it is highly unlikely that a trademark would be granted, or that copyright would be enforceable. The same applies to "radio".
However "Streamingradio" is a domain name, .co.uk, .com..all gone, and you might have areas of potential conflict there.

(This is of course, as our learned friends say, without prejudice. Which is apparently all but useless in court, but that's another story..)

 

[bwglaw]

Whilst I may agree with Dawg I try to avoid any speculation and it is always worth checking if it has been registered as a trademark

Jonathan

 

[DuaneJackson]

Thanks Dawg & Jonathon - I think I'll just ignore the email and see if he bothers to follow it up.

 

[VeryMark]

'Streaming Radio' is not a registered trade mark in the UK and I would have thought that any application to register it would face official objection that the phrase is simply an ordinary English language description which anyone is entitled to use and hence would not be recognised as a trade mark.

So, yes, ignore the email you've had unless and until it's followed up formally.

 

[DuaneJackson]

Thanks Philip, much appreciated.