SSpecialized trademark nazis at it AGAIN!!!

[dev null]

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

[GoLefty!!]

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.

[Hairy]

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?

[Dustbug]

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.

[dev null]

Ja, but in US and Europe anything in public domain is fair game it seems. Joe Bloggs Jeans in the 90s...

[Fork-it]

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)

[jmaccelari]

Its also very clear that Ike Sinyad was not a very sincere person when he apologised to cafe Roubaix.

Very good point, there...

[GoLefty!!]

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.

[jmaccelari]

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...

[Spinsei]

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

[Spinsei]

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".

[andydude]

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