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Who knows about copyright/trademarks and fair dealing?

8 replies

SolidGoldBrass · 03/04/2010 00:37

One of the things I do is make badges to sell. I usually just invent my own slogans, but what would be the legal position if I wanted to make (for instance) a badge which just said 'Fire up the Quattro!'?

OP posts:
carocaro · 03/04/2010 16:14

There is an organisation for ACID I think, which has some good info on it.

acid.eu.com

HTH

prh47bridge · 03/04/2010 17:28

There are three possible issues here - copyright, trademark and passing off.

Taking copyright first, it is doubtful that a phrase of just four words would be covered by copyright. I think you are safe enough under that heading.

Turning to trademark, a quick search on the Intellectual Property Office website suggests that the producers of Ashes to Ashes haven't trademarked this phrase. If they had you would need to check in which classes it had been registered - you don't just register a trademark, you register it for specific classes of use. If they hadn't covered badges (class 26) or something similar (e.g. class 25 which covers clothing) you should be ok.

In this particular case, the word "Quattro" may also be a trademark. A quick search on the IPO website suggests, although a number of companies have registered the word, none have registered it in a relevant class but you should check for yourself.

The final issue is "passing off". The producers of Ashes to Ashes could argue that you are fooling the public into believing that your badges are official merchandise. I have no idea whether they would attempt to protect themselves in this way.

One other thing to beware of in this area - some large corporations pursue cases which they have little or no chance of winning in court, knowing that they can intimidate small businesses into giving in. You will run out of money before they do.

groundhogs · 03/04/2010 17:33

Having had to trademark a few things in my time , prh, you really do know your stuff....

good advice.

SolidGoldBrass · 04/04/2010 01:21

Thank you PRH. I will look into this in more detail before doing anything - am sort of thinking that a) putting a sign up which says 'Not official merchandise and not endorsed by anyone' and b) if any corporation did kick up, saying 'oops, sorry, won't do it again' might prevent ruinous court action. I have some vague feelings that I might be protected under fair dealing etc.

OP posts:
prh47bridge · 04/04/2010 19:34

Groundhog - Thanks

SBG - Fair dealing is a concept which only applies to copyright. Under UK law, fair dealing applies may apply where you are using copyright material for:

  • research or private study
  • criticism or review
  • reporting current events

This is far more limited than, for example, US law where you can use copyright material for any purpose as long as the use is fair.

Making badges for sale clearly doesn't fall into any of the above categories so I'm afraid fair dealing offers you no protection. However, as I've already said, I doubt that an attempt to prosecute you for copyright infringement over a four word phrase would get very far.

I think you will probably be ok if you make it clear that you are operating unofficially but I haven't seen your proposed badges .

SolidGoldBrass · 05/04/2010 02:32

Ah OK PRH. ON slightly related topic, what about the use of (for instance) adapted logos for the purpose of parody?

OP posts:
prh47bridge · 05/04/2010 16:56

The short answer is that it really depends on the sense of humour of the organisation you are parodying and the nature of the parody. You should be avoid anything that might be construed as defamatory. If your parody is innocent and funny, you might think that it would make a good story for the national press if they do come after you - I couldn't possibly comment

groundhogs · 05/04/2010 20:51

hmm, Audi?
German?
Sense of humour?

Good luck with that!

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