[Not Just TShirts]

Hi We have had a visit today saying that we have to remove some hoodies from our site and eBay which have the letters JLS on? Not the logo just the letters in a varsity font.

I know the JLS logo will be copywright and we havent even tried to copy it looks wise but trading standards are now advising us that the initials are a no no.

We were told by the same trading standards a couple of years ago that we could have I heart JLS and I heart ASTON but as i wasnt there to speak to the trading standards on their visit today i'm not sure now?

They are coming back next week to advise better but i just wondered if any of you had any experience of this.

Thank you in advance

Andy

 

[PositiveDave]

Look at it from a juries point of view, are you creating a product that creates the impression that it is a JLS shirt? Are you misleading? Clearly, from your question the answer is 'Yes'. It will never be safe to try and skirt the boundaries of legality.

 

[Badgers]

Hi Andy,

I think that the logic of the Trading Standards guys must have been the the letters were in the grey area of the law known as "Passing Off".

In a nutshell, a quick Google search provided a failry concise explanation:

"...where a business owner misleads the public about certain trademarks of goods or services by passing off another business’ trademark as his own. This may also involve passing off a similar mark to a copyrighted one, which causes damage or gives unfair advantage to a business."
​

It's a murky part of the law, but it means that a customer could think that they're buying a genuine piece of merchandise, whilst someone other than the owner of the trademark profits.

I would recommend trying to arrange to meet the Trading Standard officers, and get their views and logic behind it.


Hope this helps!

Alan