02-14-2008, 07:20 PM
Madoc;
I believe there's a concept in law called "passing off"; offering goods or a service so that the buyer thinks they are getting the well known product when what they are really getting a near copy. Look at the colours on the labels of supermarket own brand detergents and washing powders and compare them to the brands they copy. Nearly identical. If Tesco can get away with it, you haven't got a chance.
The only way you can take action is if someone pretends to be something they are not, so hanging around a group dressed as one of their members and taking bookings for your events would be naughty. Beating up MOPs wearing gear that is a distinctive mark of a group would also be actionable, but I doubt you'd get far trying to prevent people using a design from a public monument. You could argue that the colours in the design are a distinctive mark of a group, but I'd suggest it would be n expensive battle to fight, even if you won.
Neil
I believe there's a concept in law called "passing off"; offering goods or a service so that the buyer thinks they are getting the well known product when what they are really getting a near copy. Look at the colours on the labels of supermarket own brand detergents and washing powders and compare them to the brands they copy. Nearly identical. If Tesco can get away with it, you haven't got a chance.
The only way you can take action is if someone pretends to be something they are not, so hanging around a group dressed as one of their members and taking bookings for your events would be naughty. Beating up MOPs wearing gear that is a distinctive mark of a group would also be actionable, but I doubt you'd get far trying to prevent people using a design from a public monument. You could argue that the colours in the design are a distinctive mark of a group, but I'd suggest it would be n expensive battle to fight, even if you won.
Neil
Non veni pacem mittere, sed gladium
Neil Lucock
Neil Lucock
