infringement of a registered trademark

4.3 Another infringement of a registered trademark may arise from the unlawful use in the course of trade where the trade mark has reputation in the UK.[1] This provision in the 1994 Act is aimed at safeguarding the established status of a particular mark if it can be proved that the unsanctioned use of the mark has caused detriment to the marks character.[2] As shown in the case Skyscape.[3] The burden lies with the claimant to show that use of their marks would not cause detriment to the defendants’ registered mark and the reputation it carries with it. When ascertaining if there has been economic detriment, it was deemed appropriate to examine the economic behaviour of the average customer. It was found that due to the similarity in the marks the customer pool would be diluted and this would cause economic loss. Furthermore, it was found that with a similar sounding trade mark the reputation of the mark registered first would suffer, and therefore this would constitute an infringement of that mark.[4] The protection of a brand reputation is a significant part of upholding a trade mark and the dilution and blurring of the mark is also incorporated under the 1994 Act.

4.4 Section 10 (4) of the 1994 Act states that infringement of a trade mark will occur if the mark is attached to goods, goods are exposed under the sign, goods are imported (or exported) under the sign or if the mark is used in advertising without authorisation. The case R. v Johnstone[5] illustrates the use of registered trademarks, in this case performers whose names had been registered as trademarks, on “bootleg” copies of music albums. The marks had been affixed to the “bootleg” compact discs, however it was determined that here the marks were not used as indicators of trade origin[6] and instead was instructional only to identify the subject matter of each CD. Therefore, the appeal was dismissed, as it was determined that for trade mark infringement to occur under s.10 (4) of the 1994 Act a trade mark has to be used as an indicator of origin.

4.5 The 1994 Act provides that anyone who applies a registered trade mark to material intended for labelling or packaging or a business paper or for advertising shall be found to have infringed that trade mark if used without authorisation.[7] An example of this can be seen in a case preceding the 1994 Act, namely the CHEETAH[8] case. Here, a known trade mark was being used on invoices which was deemed to be an infringement of that trade mark and equivalent to having used the trade mark on the goods themselves.

 

4.6 The last part of section 10[9] concerns the use of trademarks in “honest practices in industrial and commercial matters.” It is evident from this that a registered trade mark cannot therefore be used to make false claims. The Cable[10] case illustrates how the use of a registered trademark of one company by another company can be deemed to not conform to “honest practices.” Here, BT used C&Ws’ mark in a brochure where the two companies’ prices were compared. It was stated, that “no one who knowingly puts forward a false claim can be acting in accordance with honest practices.”[11] This was determined to not infringe the trade mark however, due to the fact that it was determined that a reasonable likelihood of a significant amount of people could not be misled to believe the claims put forward to a significant degree.

4.7 I am therefore of the opinion that there are various heads of claim to the infringement of a trade mark, namely where there has been unauthorised use of a registered trademark in the course of business, the right to prevent third parties from using a similar mark to that which has been registered, the attachment of the trademark to materials intended for packaging and hurting the reputation of a trademark.

[1] Trade Marks Act 1994 c. 26, s. 10 (3)

[2] Dr Jasem Tarawneh “A new classification for trade mark functions” I.P.Q. [2016] 4, 352-370

[3] Skyscape Cloud Services Ltd v Sky Plc. [2016] EWHC 1340 (IPEC)

[4] ibid. para 93

[5] Regina v Johnstone [2003] UKHL 28

[6] ibid. para 21

[7] Trade Marks Act 1994 c. 26, s. 10 (5)

[8] CHEETAH Trade Mark [1993] F.S.R. 263

[9] Trade Marks Act 1994 c. 26, s. 10 (6)

[10] Cable & Wireless Plc. v British Telecommunications Plc. [1998] F.S.R. 383

[11] ibid. para 32, abogados de accidentes Florida

What about Blu Ray?

This post is sponsored by Notary public London

Ah, this little gem didn’t last long did it? http://www.blu-ray.com/info/

So this was basically the upgrade of the DVD and tape player. You had HD on a disc basically. Was it worth the money? Maybe. Did i buy them ? No. You had to buy new equipment and tools to watch these. Things which cost a ton of money like on this site: Argos

Not only did it cost a lot, but it wasn’t very popular. None of my friends could afford these blu ray players and we just went to the cinema instead. Although it maybe worked out more expensive. It was worth it. I remember adverts for blu ray and got so excited back then. Not anymore though. I miss the DVD era and when everything was so simple! Nowadays, its all online and it costs more too. I may begin selling DVDs (my old ones) heck! they maybe worth a lot of money now. Who knows? I could give it a go on Ebay. I know they love to sell junk.

 

This era lived and died a painful death. It was never going to create the same magic as the DVD.

On a site note: If you are interested in SEO, visit SEO Glasgow

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Blockbuster or Netflix?

Who remembers the good old days of Blockbuster? I do. But now, everyone is on Netflix. http://netflix.com

and with cool shows like this every month, who wouldn’t ? Everyone wants to ‘netflix and chill’ but no one wants to slap on the good ol dvd and butter popcorn. Pressing the rewind button from the DVD player and hitting up the movie on that 24inch plasma tv… The golden days!

Before, i continue i must thank abogados de accidentes florida for sponsoring this post. Okay so, let’s take a trip down memory lane shall we ?

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Our policy

TERMS AND CONDITIONS

Welcome to YourVHStoDVD.COM. Our mission is to preserve and enhance video memories for generations by converting tapes to a CD format of your choice. 

We sincerely hope you find our website interesting and informative. We always welcome feedback whether it be positive or negative, if you have feedback for us, then please don’t hesitate to send it in. Please send your ideas/feedback to feedback@yourvhstodvd.com. 

We look forward to helping you make your video memories last for many (>100) years to come.  If you have any issues, contact Solicitors in Birmingham

Please find on this page YourVHStoDVD.COM’s Terms and Conditions that may help to address some questions you have about our service.

YourVHStoDVD.COM’s reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. These Terms are void where prohibited by law, and the right to use the Service is revoked in such jurisdictions.

1. Your submissions
In these Terms, “Material” will mean any and all content (including, but not limited to, Converted Material), data, text, images, and sounds, and other material and information that you provide to YourVHStoDVD.COM.

Under these Terms, you shall NOT place on the YourVHStoDVD.COM Web site or submit to YourVHStoDVD.COM or its Web site any of the following Material or attempt to obtain any such Material using the Service:

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Transfer your Photographs:

Why transfer your photographs to video / DVD? 

Transferring photographs to video or DVD will help preserve your photographic memories. If you have any legal issues with these products/ services, contact us at 

These transfers are commonly known as ‘photo or video montages’. A montage is a series of still photographs that play for a pre- determined length of time, usually set to a complimenting background music for extra viewing pleasure.

Photo/Video montages are often produced for:

  • Special occasions such as weddings, anniversaries, christenings, graduations and birthdays.
  • Tributes honoring the life of a deceased loved one 
  • Church, school, civic and business events, trade shows, exhibits, etc.
  • Whatever you like!!

https://www.amazon.co.uk/DVDs-Blu-ray-box-sets/b?ie=UTF8&node=283926


What does a photo/video montage look like?

Your photo montage will open with broadcast quality titles and then each photo is displayed for approximately 10 seconds.

The photos are digitally processed and arranged such that the first photo fades out, the next photo is smoothly faded in. In addition, and where our editors deem appropriate, special transitions are artfully incorporated .

Music of your choice is incorporated into the montage.

The photo montage will be authored onto a format of your choice, either DVD, VCD, SVCD, VHS or S-VHS.

If you opt for a cd format, the photo montage will arrive presented in a professional DVD jewel case.

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Why Transfer Your Videos / mini-DV to DVD, VCD or SVCD?

Unlike videos, CD formats do not deteriorate over time. This is due to the media that the images are stored on. Video media is magnetic and can be affected by magnetic devices such as speakers, monitors and other magnetic field producing devices.  Another reason is indexing, find the scene(s) you want when you want without all the hassle of remembering want counter number your scene was at.

  • Videos Fade over time, DVD’s don’t.
  • Indexing, find scenes easily and fast.
  • DVD’s take up less physical space.
  • DVD’s don’t get chewed up in your player, unlike videos.

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What will the DVD, VCD or SVCD video look like?

Your DVD, VCD or SVCD will auto load with a video menu after the disk has been inserted into your DVD player. This will enable you to select the main video sequence you wish to play. Titles (optional) can be added to each main video section to add style and or to make the video clip more obvious.

Each main video will then be broken down into in chapters for easy location of the clip you want. You may wish, prior to sending your video into YourVHStoDVD.Com, select where you want the chapters to begin. This can be achieved by using the counter function on your video player and or mini-DV player.

Each DVD, VCD or SVCD arrives presented in a professional DVD jewel case.

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What can I expect?

  • Auto Loading CD that presents you with a menu (if more than one video transferred onto DVD).
  • Titles for each menu item mentioned above (optional).
  • Each main video chaptered (indexed) according to your requirements.
  • Professional DVD jewel case (If CD format).
  • And of course, your original source video(s) returned to you unharmed.
  • Your precious video memories preserved for at least 100 years.

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Welcome to YourVHStoDVD.COM

Welcome to YourVHStoDVD.COM

Sunday, March 12, 2017.

Transfer VHS to DVD – Convert VHS to DVD

Ever wanted to, or thought how to convert / transfer your VHS footage to a format that can be read by a stand alone DVD player, if so, you are in the right place.

Imagine being able to watch all your potentially fading VHS footage on your DVD player, well you can.

Do you have any of the following on video tape and do you want to preserve those precious memories for generations to come?

  • Weddings
  • Birthdays
  • Anniversaries
  • Holidays
  • School Plays
  • Children’s 1st Steps
  • Stag or Hen Nights
  • Any other footage you may have !!

Some benefits of transferring your footage to a DVD format would be:

  • Lastability (Over 100 year life)
  • Menus (Play video clips by selecting from an indexed menu)
  • Take up less physical space
  • DVD formats don’t get chewed up (Unlike Video Tapes)