Copyright – it’s started again

January 2, 2013 6 Comments
By

Someone quite angry [shall remain nameless] sent this a few minutes ago:

This was in the paper this morning:

http://www.journallive.co.uk/north-east-news/todays-news/2013/01/02/barter-books-owner-s-keeping-calm-in-slogan-row-61634-32528772/

Mark Coop is using EU law this time and EU law overrules English law; Lord Justice Laws said so in the case of Steve Thorburn selling bananas by the pound.

Looks like more ammunition against EU interference.

Reminds me of Paul Simon stealing the traditional folk song Scarborough Fair which meant Martin Carthy, who had been singing the song for years, then had to pay royalties to Simon if he continued singing it.

Might update when the steam coming out of my ears subsides :)

6 Responses to Copyright – it’s started again

  1. Mark in Mayenne
    January 2, 2013 at 8:16 pm

    How on earth did anyone copyright a traditional song like Scarborough Fair? Did he really?

    • AlexB
      January 2, 2013 at 9:35 pm

      Mark,

      What he did was nick Martin’s arrangement, something which can actually be copyrighted.

  2. AlexB
    January 2, 2013 at 9:30 pm

    You might want to change the title of this thread. Copyright and trademarking are two separate forms of intellectual property mess.

    As is, I think the phase has entered into common usage and therefore shouldn’t be trademarkable anyway, but that is a whole other kettle of fish.

    • SteveW
      January 2, 2013 at 11:02 pm

      There are several reasons why it should not be capable of being trademarked, prior use being merely a small part of the picture.

      I would assume the reasons given by the UK Intellectual Property Office for their earlier refusal would provide all the necessary grounds.

      As a twist, the original fella who applied for a trademark in the UK has a bit of a cheek, seeing as he was trying effectively the same trick with someone else’s work as the second bloke who was successful with the OHIM.

      CTM should never have been granted (and will likely be overturned) first bloke should take action against second bloke for ‘passing off’ and thereby infringing his unregistered design rights (and would have been better applying for registered design rights for the mugs etc… in the first place).

  3. Paul Williamson
    January 3, 2013 at 12:26 am

    Thanks for finding this. I hope the profits from such trademarking go to war veterans and the poppy appeal.

  4. Greg Tingey
    January 4, 2013 at 9:02 am

    This is just more money for crooked lawyers.
    How can one “Trademark” something in widespread use?
    Some greedy little shit tried just the same over a photo of buses’ going over Westminster Bridge IIRC.

    BTW – EU myth…
    the case of “Bananas by the Pound” was because the trader REFUSED to calibrate his scales in mks units, as required by law, not the actual selling of the objects (IIRC).
    This is standard weights-&-measures legislation, same as (supposedly) guarantees you a full pint/568ml of BEER … though the number of times I’m forced to demand a top-up is tiresome.

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