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[GREAT BRITAIN - UK] - UK Copyright Law

 
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Old October 19th, 2009 Oct 19, 2009 12:15:01 PM -   #31 (permalink)
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Default Re: UK Copyright Law

Quote:
Originally Posted by PositiveDave
I wouldn't want to defend that in court!
Can i ask what you do then positive dave and are you a stick to the rules type of guy
 
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Old October 19th, 2009 Oct 19, 2009 11:33:15 PM -   #32 (permalink)
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Default Re: UK Copyright Law

I'm just not a very good lawyer :-)
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Old October 20th, 2009 Oct 20, 2009 12:37:22 AM -   #33 (permalink)
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Default Re: UK Copyright Law

There was one guy on eBay that did engraving and made the unfortunate decision to sell Man Utd merchandise (big mistake). He didn't state that they were non official merchandise and inevitably someone eventually complained to trading standards, as the product was not the genuine item they were expecting. Trading standards visited the guy and gave him a formal warning and legal clarification about using Man Utd's registered logo to mislead customers. Most sensible people would have changed their products at this stage, but this guy continued to sell fake Man Utd merchandise under several different accounts.

Trading standards estimated that the seller had made over £100,000 in just over a year from eBay. However he was still jailed for a year and he was fined over £70,000 with costs. He also ran a legitimate engraving shop too, so he'd have lost the income from that also.

The moral here, is that if you do have a 'cease activity' visit, or letter based on valid reasons, comply with it and immediately drop the product. If you do nothing else and however you may choose to word it, you need to have some reference in your product description, that it is an independently designed product.
 
 
Old October 20th, 2009 Oct 20, 2009 12:55:20 AM -   #34 (permalink)
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Default Re: UK Copyright Law

That guy committed an offence against the customer - passing off products as genuine. That's a criminal offence.
He also infringed copyright, that's a civil offence against Man Utd. He wasn't (apparently) prosecuted for that. Man Utd. would have to take action, not trading standards.
Whereas a disclaimer may protect you from passing off, it doesn't change the fact that you are breaching copyright.
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Old October 20th, 2009 Oct 20, 2009 1:33:41 AM -   #35 (permalink)
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Default Re: UK Copyright Law

The original poster of this thread, was referring to original artwork created as a new and separate product, rather than a direct counterfeit of an existing product. True that a disclaimer does not give absolute immunity for any transgressions, but it does give a clear legal statement that it is an independent product.

The copyright issue in question comes down to an association of name. For example if someone was trying to sell an Elvis themed t-shirt, somewhere they would realistically have to use the name 'Elvis' to draw peoples attention to the item. At that point, it is the intellectual property laws that get drawn in, rather than copyright laws. Those have a much clearer definition than regular copyright laws. It is the inference of an association with that name that is much clearer cut.

In the true legal sense, you could sell car mats to fit a Ford Mondeo and Ford could legally claim that you were infringing their intellectual property rights in using the Ford and Mondeo names, claiming customers could be confused into thinking they were buying genuine Ford parts. That's why the term 'aftermarket' is used profusely by car accessory retailers.
 
Old October 27th, 2009 Oct 27, 2009 12:40:10 PM -   #36 (permalink)
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Default Re: UK Copyright Law

thats it im going to sell "after market" t shirts
 
Old October 27th, 2009 Oct 27, 2009 1:09:46 PM -   #37 (permalink)
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Default Re: UK Copyright Law

Quote:
Originally Posted by CUSTOM UK
thinking they were buying genuine Ford parts. That's why the term 'aftermarket' is used profusely by car accessory retailers.
aftermarket not sure what this refers too or actually means ,,can you xplain,,ive never heard of this b4,i dont see how using the word aftrmarket puts you in the clear from using the brand name
 
Old October 27th, 2009 Oct 27, 2009 2:54:35 PM -   #38 (permalink)
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Default Re: UK Copyright Law

Aftermarket just means people manufacturing goods to fit other peoples products, compatible inkjet cartridges, car parts, mobile phone bits. They aren't by the original manufacturers but will fit. If you make it clear that it isn't original you can't be done by trading standards. You can still breach trademark and copyright (as the Man Utd goods man did).
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Old October 28th, 2009 Oct 28, 2009 3:12:36 AM -   #39 (permalink)
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Default Re: UK Copyright Law

Quote:
Originally Posted by PositiveDave
Aftermarket just means people manufacturing goods to fit other peoples products, compatible inkjet cartridges, car parts, mobile phone bits. They aren't by the original manufacturers but will fit. If you make it clear that it isn't original you can't be done by trading standards. You can still breach trademark and copyright (as the Man Utd goods man did).
cheers dave,,everyday is a school day as they say,
 






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