The IPKat is grateful to Ilanah’s trade marks class for pointing him in the direction of a story in the London Student. King’s College London Students Union has been threatened with a trade mark infringement action by SchoolDisco.com. The company is known for organising club nights under the SchoolDisco name, where the wearing of undersized school uniforms is de rigeur. It argued that KCLSU should hand over all profits from events that it organised according to a “School Disco” theme.

The issue has been settled, with KCLSU agreeing to use the school disco sign in small letters only and together with the Kings College London Student’s Union name. The company is also said to have threatened actions against approximately 50 other student’s unions. SchoolDisco.com’s lawyer said: "We are not able to differentiate between different trade mark infringers and, unfortunately in the case of a Student Union, have to commence action against all trade mark infringements regardless of the size or circumstances of that infringer". The IPKat doesn’t understand this reasoning. This suggests that the lawyers are sending out infringement letters to infringers without bothering to find out who they’re going to. Surely the fact that the addressee has the words students’ and union in its name is a bit of a giveaway regarding the nature of the defendant? In any event, the name itself doesn’t sounds a tad descriptive. Even if SchoolDisco.com has acquired distinctive character, the students’ unions would have a good shot at a descriptive use defence, since they’re describing the nature of their events.
DISCO DAZE DISCO DAZE Reviewed by Unknown on Wednesday, January 25, 2006 Rating: 5

No comments:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here: http://ipkitten.blogspot.com/p/want-to-complain.html

Powered by Blogger.