ACID Members Fizbag sell a great range of stylish shopping bags including the “Fizbag” which is a reusable shopping bag which folds away into a pouch. They have a UK trade mark for Fizbag and have also developed goodwill in that name having promoted the product nationwide which was also featured in Cosmopolitan Magazine. They also operate from the domain Fizbag.com 

Fizbag were disappointed and distressed to discover that a former customer had registered two domain names, Fizbag.co.uk and Fizbag.eu and were selling a range of products which included reusable bags. The customer had no link to the Fizbag name and the assumption was that the registering of the domains was simply to ride on the back of Fizbag’s reputation.

The potential offences included trade mark infringement and passing off by the offering for sale, under an identical mark, products for which Fizbag had a trade mark, and also the registering of the domains themselves. This gave a misrepresentation to people (who consulted the domain register) that the supplier was connected with the  registered Fizbag name – and thus owned the goodwill. As this was not the case this amounted to passing off.

McDaniel & Co wrote to the company and achieved the removal of the reusable bags from the website. Fizbag however wanted, and were entitled to the domain names, so to reduce costs, sensibly decided to use the Nominet dispute procedure as the supplier had refused to transfer them. Following negotiations it was agreed that the two domains would be transferred to Fizbag and they would be reimbursed their legal costs.

Andrew Lee of McDaniel & Co comments:” Following the One in a Million case a few years back there is a narrow ambit of passing off law which protects against abusive domain name registrations. Generally domains are allocated on a first come first served basis however if that domain infringes a trade mark or amounts to passing off then often the true owner can seek the transfer”

Amanda Overland said, “This just proves that you don’t have to go all the way to Court to get a result. The combination of a letter before action and going down the Nominet dispute procedure has achieved our objectives in a cost and time effective way. However, it has also reinforced the fact that we will protect our name and our products at all costs”.

Amanda Overland, Heron House, L’Avenue de la Commune, St Peter, Jersey JE3 7BY www.fizbag.com

ACID member Sue Scott-Horne is one of those rare people in life with boundless creative energy. An inspirational social entrepreneur, Sue is passionate about teenage concerns in the light of knife, gun and gang murders and the hopelessness that prevails in some young people’s lives. Through this passion she was motivated to develop education resources to help teenagers who are despondent about life for whatever reason and endeavoured to make a difference.

Sue, an Islington woman, holds a 25 year Long Service Award from Islington Council, Education Department and was commended for her innovative work and commitment to children and young people. And so, inspired, EGAR was borne – an award winning social enterprise organization that produces personal, social and health education (PSHE) “Life Skills” discussion card sets and display posters used by staff teams and parents to support teenagers. EGAR is a keen supporter of The Teenage Cancer Trust and has adopted St. Pancras the Patron Saint for Children.

EGAR has designed and produced 50 unique ‘CHOICE’ discussion card sets based around lifelong learning skills for teachers, youth workers, mentors and parents to use to educate and discuss issues with teenagers or for anyone wanting to help young people. The discussion cards are a ‘talking tool’, an alternative way to discuss an issue, problem or maybe just something happening in teenage lives.

EGAR aspires to challenge teenage minds, attitudes, teach key life skills, self-responsibility and communication. Sue and her team understand young people’s views on different fundamental subjects and issues in their lives. EGAR discussions will support them through the most difficult yet ‘real’ transitional time of their lives about their feelings, emotions and worries. They also recognize that teenage years are very challenging, presenting some of the most difficult problems, not only for young people but also for adults.

There are ten ‘CHOICE’ discussion card sets in each series, covering health, crime prevention, personal development, citizenship and the environment. The discussions in each of the series cover such issues as, your life, bullying, smoking, alcohol, drugs, depression, vandalism and knife, gun and gang culture as well as love, dreams, kindness, money and confidence!

EGAR also produces a selection of graffiti and billboard posters for display and discussion purposes. The Graffiti Posters were commissioned and brought to life by an Award Winning London Graffiti Artist, they depict positive role models for teenager’s to relate to, all illustrated with a loud and clear message to inspire young people and get their attention.

Intellectual property is at the heart of EGAR and Sue joined ACID in 2006. All the EGAR designs are sent to the ACID Design Data Bank to underpin her unregistered UK and Community design rights, Sue said of the ACID team, “As a new small business, the staff at ACID, including the Legal Department has been very kind and supportive to me.  They have calmly taken me through the procedures of protecting my creative ideas, something I had to learn about.  They are always there with advice; consequently that gives me great confidence, with such a professional team behind EGAR!”

Sue Scott-Horne is proud to have been one of four shortlisted finalists in the recent Blackberry Women Technology Awards. Peter Jones – Entrepreneur from Dragons Den said “A very good idea”.  At the awards she was invited to take up the covetous invitation to become a Blackberry Ambassador and was proud to accept. She also won a ‘Special Recognition’ award from BFIIN.  Sue speaks from the heart and her message is crystal clear, “Whatever age, Wherever you may be, reach out, support and illuminate a teenager. Become their friend, you may ‘Change Lives’.” and her message to teenagers is “BELIEVE IN YOURSELF, BE BOLD, BE BOUNTIFUL…………….”

EGAR will be exhibiting at the Children and Young People Now Show 2009 at Brompton Hall, Earls Court, London on Tues/Weds 19/20th May, stand 421.  www.egar.co.uk

Sue Scott-Horne

 

 

 

Whether it is as a result of increased international pressure or a general will by the Chinese Government brought about by the lack of implentation of a declared National IP strategy there would appear to be a slight shift change in the Chinese Government’s attitude to IP enforcement. According to the latest news story from the publication Managing Intellectual Property, “China’s Supreme People’s Court has issued guidelines for implementing the National IP strategy that will lead to unified tribunals handling civil, criminal and administrative IP courts and may create a specialist IP appeal court”. 

So what does this mean in practice? Well, finally, the Chinese acknowledge that they must take more steps to punish those who repeatedly infringe for commercial gain if they are to achieve their objectives to be one of the world’s most innovative countries by 2020. The Chinese plan was encapsulated in their National IP Strategy so let’s watch this space. Like most major changes, it is not going to happen overnight so ACID looks at some of the less traditional and alternative routes to achieving legal objectives if companies are unlucky enough to experience copying in China.

In any settlements always try and get information about the name and contact details of a Chinese manufacturer – these can be circulated to colleagues and also sent to anti copying groups to contribute to their intelligence databases. Establish where the copies come from in China. Often competitors are the culprits and, according to Mark Chernick of Play Vision who has successfully created alternative strategies, “We often change the rhythm of when we produce products into the market. Competitors will always watch your production patterns closely so we try to launch new items during the months of August to November, when the Chinese factories are at their busiest, therefore spending time on production, not product development”. From the factories themselves? Install spies to work on your behalf. Through website access? Many companies now make their websites inaccessible to Chinese users. Via exhibitions in China or in the West? Chinese knock off products need a channel of distribution – one of the most effective ways to cut off the oxygen supply is through western markets by accessing a more user-friendly judicial route or, at certain exhibitions, enforcement and stand shut down. In design magazines? always communicate your IP strategy on any ads or editorial – better still if you are a member of an anti copying organisation use the logo! There has also recently been a major crackdown on safety issues in China with newer safety requirements, meaning many more export licences revoked and 100′s factories shutdown. Therefore, those factories fearful of being shut down by the Chinese Government can be targeted if there is an IP issue. Factories are also very aware of complaints about poor quality and potentially unsafe products so there a very high chance they will discontinue producing your items if they fear having their factory shutdown. Rumour and scandal mongering is effective and asking local agents or brokers to work within factories on your behalf encourages the grass roots spreading of information about successful infringements on your behalf such as confiscations or custom involvement.

An opportunity for brand owners?

A recent decision of the Company Names Tribunal sends a further warning to companies who seek to profit from opportunistic company name registrations.

Company name adjudicators can order a company to change its registered name in circumstances where it considers the name registration to have been “opportunistic”.  A company name registration is likely to be regarded as opportunistic where either that registration is the same as the name associated with an established brand, or where it is sufficiently similar to another company name to suggest a connection between the companies. 

If the registration is found to be opportunistic, the offending company is given one month to voluntarily change its name.  If it does not, the company names adjudicator may order Companies House to change the company’s name without consent.

In a recent judgment, Adecco UK Limited v Adecco UK Recruitment Limited, the Company Names Tribunal exercised this power after determining “Adecco UK Recruitment Limited” was an opportunistic name registration that sought to pass itself off as being part of the “Adecco UK Limited” Group of companies.  This decision became the seventh made by the Companies Names Tribunal since its inception in December 2008, each of which has been determined in favour of the applicant.

Patricia Jones, a specialist IP lawyer says, “This decision provides further evidence that the company names adjudicator will not tolerate opportunistic company name registrations, and empowers companies who feel their rights have been infringed in this area to make an application to the Company Names Tribunal for redress.”

Applications to the Company Names Tribunal cost £400 and are an inexpensive and swift method of taking action against opportunistic company name registrations. Applications require the completion of a standard form containing evidence supporting the application. Upon being notified of an application against it, a company may challenge the application, or, as in each of the seven applications to date, not respond to the application and have judgment served against it “in default”.

Patricia added, “The rewards for a successful application are evident – the purported infringement is brought to an end, without recourse to litigation and without spending large sums of money. Indeed, a successful applicant can expect to recover in the region of £600 in costs if an application is determined in their favour”.

GET YOUR IP TAPED!

Imagine unwittingly sending your precious original designs to an interested retail buyer who may not have the same regard for your design ownership as you do. Then imagine doing this with no IP protection.  Handing over your creativity and original work to a buyer without ensuring there is an audit trail or adequate protection does not make commercial sense.  Although most retail buyers have integrity, we do hear of some ACID members who have fallen foul of the buying process.  So how do you protect yourself?

When you buy a computer programme you are automatically asked to enter into a licence agreement – and it’s just the same when you use ACID license parcel tape. The tape works in conjunction with the reusable ACID License Tape Agreement. The recipient is warned by the wording on the tape not to open the parcel, unless they agree to be bound by the terms of the license agreement (which is attached to the outside of the pack). By breaking the seal the recipient accepts the terms of the licence, which prevent the recipient from making use of the designs without the sender’s prior consent. For further details visit www.acidtrading.eu.com

USE YOUR LOAF – USE THE LOGO!  NEW LOGO NOW AVAILABLE TO DOWNLOAD

The powerful ACID brand is your brand of deterrence.  All ACID members are licensed to use the logo and are encouraged to use it on their marketing materials, websites, product packaging and stationery.  To alert everyone that ACID is a registered trade mark the new ACID logo incorporates the ‘registered’ mark ®. Download this from the Members Area of the ACID Website.

Additionally, stand out from the crowd by using the logo as a benchmark to show that you produce original design.  Only design originators, companies with in house design teams, or those that license original designs can become ACID Members – so make a statement, use the logo.

ACID DESIGN DATABANK – DON’T DELAY!

Are you relying on unregistered rights?  If you create original designs but do not officially register them (with a registration body such as UKIPO or OHIM)  then you may well be!  To   rely on unregistered rights you need to prove ownership of your design and the date of origination.  By sending your designs to the ACID Design Databank, ACID can act as an independent third party who can verify your design audit trail.  To download the Design Databank Form and ACID logo, visit the Members Area of the website www.acid.uk.com or e-mail info@acid.uk.com

The ACID React IP Insurance scheme underwritten by Hiscox has been withdrawn.  There has been a demand for a wider scope of coverage than was originally envisaged. Therefore alternative specialist IP insurance products have been introduced, through a portfolio of different underwriters. Each will be selected to suit the claimants’ needs and claims history.  Although there is no minimum premium, entry level costs typically are between £75.00 to £ 90.00 per month.  Larger businesses requiring higher levels of protection in a wider range of world territories will pay more than this.

In an effort to control premium costs, and to provide value for money, the Underwriters have increased the minimum excess levels to between £1000.00 and £2500.00. This helps to reduce premium costs as disputes  may be resolved with just an initial exchange of correspondence and therefore do not become subject to insurance claims, putting upward pressure on premium costs.

The ACID scheme offers market leading IP insurance at highly competitive premiums. It has been expanded to offer the choice to cover all classes of IP, whether Registered or not, and can cover every territory in the world, including China.

If you are interested in further details, please call Charles Milnes direct, quoting your ACID membership number on 0207 923 4655, or visit his website for more information www.intellectual-property-insurance.co.uk

The ACID React IP Insurance scheme underwritten by Hiscox has been withdrawn.  There has been a demand for a wider scope of coverage than was originally envisaged. Therefore alternative specialist IP insurance products have been introduced, through a portfolio of different underwriters. Each will be selected to suit the claimants’ needs and claims history.  Although there is no minimum premium, entry level costs typically are between £75.00 to £ 90.00 per month.  Larger businesses requiring higher levels of protection in a wider range of world territories will pay more than this.

In an effort to control premium costs, and to provide value for money, the Underwriters have increased the minimum excess levels to between

£1000.00 and £2500.00. This helps to reduce premium costs as disputes  may be resolved with just an initial exchange of correspondence and therefore do not become subject to insurance claims, putting upward pressure on premium costs.

The ACID scheme offers market leading IP insurance at highly competitive premiums. It has been expanded to offer the choice to cover all classes of IP, whether Registered or not, and can cover every territory in the world, including China.

If you are interested in further details, please call Charles Milnes direct, quoting your ACID membership number on 0207 923 4655, or visit his website for more information www.intellectual-property-insurance.co.uk

As part of ACID’s improved Membership Benefits program you now have your own dedicated Members Area on the new ACID website.  There you will find a range of fact sheets on subjects relevant to your business, which are available only to current ACID members. You can add additional contacts that you wish to have access to the fact sheets and downloadables such as the ACID logo or the Design Data Bank form. Send us your contacts details to include

• the contact name
• position
• e-mail address
• telephone details

To find out your log-in details, or to register new contacts, please e-mail info@acid.uk.com and we will e-mail your log-in and password back to you.  Once you have this information, go to www.acid.uk.com  where you will find our Main Site and links to our Newsdesk, the Mediate to Resolve service, your personal Members Area and ACID Trading – where a whole range of deterrent merchandise and standard legal agreements can be purchased online.

We hope you will find our new internet facilities easy to navigate with fast access to the information you require.

The Rt Hon David Lammy MP will host an IPAN (Intellectual Property Awareness Network) evening reception at the House of Commons on 25 June 2009. Keynote speaker will be ACID Ambassador Sebastian Conran and Dr Paul Leonard, Director of IPAN (Intellectual Property Awareness Network). Sebastian Conran will give a brief personal perspective on the critical importance of intellectual property to the UK’s economy. ACID is a member of IPAN.

The primary aim of the reception is to continue to raise awareness about IPAN’s work and the importance of IP as a positive force in UK society.  Members of the organisation want to meet MP’s and Government Ministers who are not involved with IP as a specialist subject but who are faced with questions from either constituents, business or educationalists and may not be aware of IPAN as an unbiased resource for specialised IP information. IPAN (along with ACID) and other member organisations want to see IP education and awareness positioned as a priority in policy making across Government and promote IPAN as an effective conduit.

No other UK Group exists which brings together such a wide range of different bodies all of which have an interest in IP and its relevance to society. www.ipaware.net

Interior Design – De-mystifying the Commissioning Process

Saturday 9 May

Victoria & Albert Museum
Seminar Room 3
10.00-17.30

Leading industry practitioners Mark Aldbrook and Adrienne Chinn tell you everything you ever wanted to know about design commissions but were afraid to ask! They explore both past and current examples to open up the competitive world of interior design commissioning and uncover some of the industry secrets and shortcuts when working with wholesalers, artists and architects. Whether you are starting out as a designer, or see yourself as a potential client, this event aims to give you the confidence to take on or commission a unique piece of design.

£45, £36 concessions
Book online or call +44 (0)20 7942 2211

http://www.vam.ac.uk/

ACID Media Supporter and online design directory, designbar.com, has announced plans to partner with the UK’s leading interior design and home wares website, mydeco.com.

Designbar.com is dedicated to helping people make connections in the design and creative industries.   It brings together designers, manufacturers and suppliers as well as colleges, students, museums and exhibitors, and was described by Sir Terence Conran as “the ultimate design directory.”   

Designbar.com founder and owner Steuart Padwick will still be involved with the site, and will work alongside the mydeco team in an advisory capacity. Steuart said, “I am thrilled with this partnership. mydeco is an exciting and dynamic company who will enable designbar to realise its ambitions by more fully supporting the design industry, the design colleges and their students.”

The move to partner with Designbar.com highlights mydeco’s ambition to be at the centre of the design eco system.  mydeco founder and executive chairman Brent Hoberman said, “By thinking holistically about the shopping and designing experience mydeco has started to revolutionise the way people shop for their homes,.   By working with designbar.com, we hope to firmly position ourselves as leaders within the design industry too.”

mydeco.com is the inspirational offering from lastminute.com founder, Brent Hoberman, designed to be the first stop to design and shop for your home.  It offers unrivalled services, making it easier for you to decorate your home in your own unique style than ever before.  Launched in February 2008, mydeco has become the UK’s leading intermediary for the home wares industry, with world-leading applications and services making it the definitive online location for anyone thinking about the home.

www.designbar.com