[cma-l] Station re-brand using the name of successful station prior to takeover

[lolgellor]

Speaking in an entirely individual capacity it would also be my understanding that this would be considered as passing off. I would carefully consider any involvement that might legally associate you with your clients plan. I have in my dim and distant past been involved in a legal action where "name rights" was involved.  On that occasion I was the small fry trying to prove ownership against a very well resourced big fry - it cost them a useful amount of money to settle out of court after we got 2 successful and succesive restraining orders granted against them in the High Court.  All bestLolG


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-------- Original message --------
From: David Duffy <david at theradiopeople.co.uk> 
Date: 17/02/2016  14:59  (GMT+00:00) 
To: The Community Media Association Discussion List <cma-l at mailman.commedia.org.uk> 
Subject: Re: [cma-l] Station re-brand using the name of successful station	prior to takeover 


Are you sure you mean ‘copyright’ ?  You can’t copyright a name.  You can register it with Companies House.  Maybe they've copyrighted or trade-marked the logo.  Is it that?

Regardless, the problem they’ll face with their rebranding is that the existing user of the name (Global?) has defacto rights by virtue of them using it currently to trade - whether they have registered it or not. So, if the 3rd party start using it and it’s considered that the use of the name misleads or confuses the public then they could be in trouble for ‘passing off’ - passing themselves of so as to gain benefit and do commercial harm. Ouch!

Plus if it’s Global you know they’ll have deep pockets and an army of suits. 

Davidwww.theradioppeople.co.uk 


On 17 Feb 2016, at 12:59, Ian Hickling <transplanfm at hotmail.com> wrote:
I wish to remain behind closed doors however, we have been approached by a 3rd party who has managed to copyright the name of a very successful station prior to a Global takeover.
Intentions are to re-brand their existing service which is on DAB & FM and we were asked to be a part of it because of our location being that of where the aforementioned radio station was based, which is something the 3rd party don't have.
Question is - would this work? How would it confuse the market place? Is it something that has been done elsewhere?
I hope all of this makes sense and that you appreciate my anonymity! 
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