dev null Posted April 9, 2014 Share Which now begs the question: how long before cycle manufacturers starts copyrighting colour schemes on cycles? Could, Momsen, for example, trademark their distinctive chequered graphic? Edited April 9, 2014 by Moridin Link to comment Share on other sites More sharing options...
GoLefty!! Posted April 9, 2014 Share Generally the graphics on the bikes are copyrighted. However specific elements like cheque are not copyright eligable on their own since it is something in the broader public domain. I am sure SSpecialised will still take defending something like "Red" to court. The funny thing is that strong brands don't need to resort to threatening litigation to protect their product unless it against an obvious copy and blatant plagiarism. Clearly the SS has some brand identity and strength issues so some posturing is needed. Its also very clear that Ike Sinyad was not a very sincere person when he apologised to cafe Roubaix. Link to comment Share on other sites More sharing options...
Hairy Posted April 9, 2014 Share Slightly off topic, but not actually.... so is the FSR / HORST LINK thinga ma bob free for any designer to use now or is it still the patent property of Spesh? Link to comment Share on other sites More sharing options...
Dustbug Posted April 9, 2014 Share As a matter of interest in a court case in SA a short while back, I don't recall the exact details but the court ruled the party concerned could not trademark or patent common use words or phrases as they belonged to the public domaine, the company concerned were trying to patent a common phrase of sorts. Link to comment Share on other sites More sharing options...
dev null Posted April 9, 2014 Share Ja, but in US and Europe anything in public domain is fair game it seems. Joe Bloggs Jeans in the 90s... Link to comment Share on other sites More sharing options...
Fork-it Posted April 9, 2014 Share As a matter of interest in a court case in SA a short while back, I don't recall the exact details but the court ruled the party concerned could not trademark or patent common use words or phrases as they belonged to the public domaine, the company concerned were trying to patent a common phrase of sorts. True, but it must be noted that trade marks is class specific and obviously should not be descriptive. So, hypothetically speaking, one would not be able to obtain a trade mark registration for 'Apple' for your fruit shop (its descriptive) but for your computer shop it's a different story (not descriptive of your goods) GoLefty!! 1 Link to comment Share on other sites More sharing options...
jmaccelari Posted April 9, 2014 Share Its also very clear that Ike Sinyad was not a very sincere person when he apologised to cafe Roubaix.Very good point, there... Link to comment Share on other sites More sharing options...
GoLefty!! Posted April 9, 2014 Share Slightly off topic, but not actually.... so is the FSR / HORST LINK thinga ma bob free for any designer to use now or is it still the patent property of Spesh? The patent expired a few years ago but they renewed it as far as I know. Not sure for hopw long a renewal lasts but i suspect its a much shorter period. Link to comment Share on other sites More sharing options...
jmaccelari Posted April 9, 2014 Share Just in case anyone was wondering about my spelling: does this remind you of anyone in particular? I'm sure Adolf has a claim for trademark infringement... Link to comment Share on other sites More sharing options...
Spinsei Posted April 10, 2014 Share True, but it must be noted that trade marks is class specific and obviously should not be descriptive. So, hypothetically speaking, one would not be able to obtain a trade mark registration for 'Apple' for your fruit shop (its descriptive) but for your computer shop it's a different story (not descriptive of your goods) Yeah, I think some European company was trying to copyright the word "Rooibos". Edited April 10, 2014 by Spinsei Link to comment Share on other sites More sharing options...
Spinsei Posted April 10, 2014 Share As a matter of interest in a court case in SA a short while back, I don't recall the exact details but the court ruled the party concerned could not trademark or patent common use words or phrases as they belonged to the public domaine, the company concerned were trying to patent a common phrase of sorts. Yeah, I think some European company was trying to copyright the word "Rooibos". Link to comment Share on other sites More sharing options...
andydude Posted April 10, 2014 Share Yeah, I think some European company was trying to copyright the word "Rooibos". Sneaky frogs... South Africa fights to protect rooibos tea name after French trademark bid http://www.theguardian.com/world/2013/jul/25/south-africa-rooibos-tea-france Link to comment Share on other sites More sharing options...
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