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Forum moderated by: m1, m2, m3, m4, m5, m6


This thread has actually been discussed before, about a year ago.
I'm not meaning to disagree with DHD here, but the Patent Office has nothing to do with the 'Tartan Army' trademark. Well, I mean the European Patent Office. I'm certain that Mr Adie has registered his trademark with the British Patent and Trademark office, and has certainly registered it as a European trademark, as was discovered a year ago.....which countries he designated the trademark to cover, we would have to look at again.
It's doubtful that he would have the legal nous or financial capabilities to challenge anybody in any country other than the UK.
Realistically although not legally, we  could go ahead in Luxembourg and produce as much 'Tartan Army' gear as we wanted ....as if we would want to.

Shite...I do this all day and now I'm debating it at night.


Total Posts: 419 | Joined Nov. 2001 | Posted on: 9:50 pm on July 25, 2002 | IP

Ruary is completely correct.....it's not a copyright, it's a trademark. Completely different legal animal.
Copyright is 'the exclusive legal right granted for a specific person...to print, publish, film, etc...original artictic, literary or musical material'.
Trademark is 'a device  or word...secured by legal representation  or established  by use as representing a company etc...'
'The Tartan Army Sunshine Appeal' would certainly be a trademark.
And what would be the use of having a trademark for it anyway ? Hardly if anybody is gonna swoop on the term and take it away from us ?

Total Posts: 419 | Joined Nov. 2001 | Posted on: 9:58 pm on July 25, 2002 | IP
Gemmills Goal

Just come back fae ma hols in Argyll and seen this thread for the first time. I'm not really sure what my thoughts are on either the guy (who I've never met) or the seeming need to own Tartan Army or have it linked to the Sunshine Appeal.
With regard to the appeal, that may sound silly, given that it's members of the TA that are driving it. But when you think about it, the members of TAMB that are fully supportive of this venture may well be in a minority when the overall concept of the TA is taken into account.
I have fully supported this appeal and will continue to do so - but what's wrong with what we have?
I'm no expert in trademarks/patents - whatever, but I fail to see how any court in the land could possibly carry a prosecution for any breech of the use of a combination of the three words that make up his patent on "The Tartan Army", given that they are three everyday words in common usage.
Secondly, having spoken to other members of the TA that neither post here or have anything to do with the appeal, there are without doubt members of the TA that are critical of our aims (you'll get such an element in any aspect of life). Their view (and they're entitled to it) is therefore destructive to what we're looking to do
and I would suggest they may attempt to undermine both the appeal and having the name Tartan Army linked to it given the opportunity. Not to mention resent it. One of them said to me that the TA is a body football fans, not a body of charity workers.
If we're complaining about about so-called "self-styled generals" and all that pish talking to newspapers etc on behalf of the wider Tartan Army as if it represented the views of every single one of us, how can we claim that the appeal represents members of the TA that want nothing to do with it?
The undermining of our aims would not help us. Why not just stick with "Sunshine Appeal" ?
-  it's neutral but highlights the aims.
-  it's got nothing to do with football in a real sense
-  but at the point of delivery, it remains obvious where it originated.

Just my thoughts and I do expect to get some stick for them. Still...

I don't trust camels - or anyone else that can go a week without a drink.

Total Posts: 1026 | Joined Jan. 2002 | Posted on: 9:51 am on July 26, 2002 | IP

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