Everton FC in battle with village farm shop over its name

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Tubey said:
Now this is copyright infringement:

3338zyw.jpg
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Isn't that a descriptor? Assuming the news agents would be in Everton?

The infringement presumedly is the font as the word Everton in that font is included within the Everton crest. Do Everton own their font? Isn't it a standard font?

The word 'Everton' is trademarked;

https://www.ipo.gov.uk/tmcase/Results/1/UK00002149693

Sure exemptions will apply, but as a rule - if you put 'Everton' on any of the below, in any way - you're asking for trouble;



Class 6
Metal badges, and bars for use therewith, key and key rings, key blanks and key chains; locks and ornaments; all the aforesaid goods being made wholly or principally of common metals and their alloys and included in Class 6.
Class 9
Sound recording and sound reproducing instruments and apparatus, and parts and fittings included in Class 9 for all the aforesaid goods; gramophone records and magnetic tapes for recording or reproducing sound or vision; photographic transparencies and photographic films prepared for exhibition purposes.
Class 14
All goods in Class 14; jewellery for personal wear and adornment, badges and bars for use therewith; keys, key rings, key blanks and key chains: locks in the nature of jewellery, cuff links and tie pins, all the aforesaid goods being made wholly or principally of precious metal or coated therewith.
Class 16
Paper, cardboard articles, tickets, all included in Class 16, printed matter, periodical publications, books, photographs, post cards, stationery, and ordinary playing cards, printed programmes (stationery) and pens.
Class 18
Articles included in Class 18 made of leather or of imitation leather; travelling bags.
Class 20
Badges and bars for use therewith (none being of precious metal or of textile material, or jewellery); keys, key rings, key blanks and key chains, locks and ornaments, all included in Class 20.
Class 24
Textile articles included in Class 24.
Class 25
Articles of outerclothing: footwear being articles of clothing and headgear (for wear).
Class 26
Badges, bands, belt clasps, brooches and buckles; embroidery, haberdashery; hat ornaments and hair ornaments; patches for repairing textile articles; ribbons, rosettes; all included in Class 26.
Class 41
Academies (education); booking of seats for shows; publication of books; club services; organisation of competitions; organisation of competitions for educational or entertainment purposes; organisation of sports competitions; arranging and conducting of conferences and congresses; organisation of exhibitions; film production; health club services; lending libraries; nursery schools; production of radio and television programmes; providing sports facilities; publication of newspapers, journals and magazines; publication of texts; rental of stadium facilities; rental of sports equipment; rental of inflatable bouncers; rental of bouncy castles.
 

BlockHead said:
As the 'Peoples Club' and with Snods being a son-of-Doncaster Everton representative - why not get him to visit, be seen buying some fruit and veg for a local charity/to take to an old folks home and get some positive publicity.
I'm sure the lady wouldn't say no to hanging a flag/scarf/framed shirt in the shop either ?
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Block for CEO, say I ;)
 

GrandOldTeam said:
Isn't that a descriptor? Assuming the news agents would be in Everton?

The infringement presumedly is the font as the word Everton in that font is included within the Everton crest. Do Everton own their font? Isn't it a standard font?

The word 'Everton' is trademarked;

https://www.ipo.gov.uk/tmcase/Results/1/UK00002149693

Sure exemptions will apply, but as a rule - if you put 'Everton' on any of the below, in any way - you're asking for trouble;



Class 6
Metal badges, and bars for use therewith, key and key rings, key blanks and key chains; locks and ornaments; all the aforesaid goods being made wholly or principally of common metals and their alloys and included in Class 6.
Class 9
Sound recording and sound reproducing instruments and apparatus, and parts and fittings included in Class 9 for all the aforesaid goods; gramophone records and magnetic tapes for recording or reproducing sound or vision; photographic transparencies and photographic films prepared for exhibition purposes.
Class 14
All goods in Class 14; jewellery for personal wear and adornment, badges and bars for use therewith; keys, key rings, key blanks and key chains: locks in the nature of jewellery, cuff links and tie pins, all the aforesaid goods being made wholly or principally of precious metal or coated therewith.
Class 16
Paper, cardboard articles, tickets, all included in Class 16, printed matter, periodical publications, books, photographs, post cards, stationery, and ordinary playing cards, printed programmes (stationery) and pens.
Class 18
Articles included in Class 18 made of leather or of imitation leather; travelling bags.
Class 20
Badges and bars for use therewith (none being of precious metal or of textile material, or jewellery); keys, key rings, key blanks and key chains, locks and ornaments, all included in Class 20.
Class 24
Textile articles included in Class 24.
Class 25
Articles of outerclothing: footwear being articles of clothing and headgear (for wear).
Class 26
Badges, bands, belt clasps, brooches and buckles; embroidery, haberdashery; hat ornaments and hair ornaments; patches for repairing textile articles; ribbons, rosettes; all included in Class 26.
Class 41
Academies (education); booking of seats for shows; publication of books; club services; organisation of competitions; organisation of competitions for educational or entertainment purposes; organisation of sports competitions; arranging and conducting of conferences and congresses; organisation of exhibitions; film production; health club services; lending libraries; nursery schools; production of radio and television programmes; providing sports facilities; publication of newspapers, journals and magazines; publication of texts; rental of stadium facilities; rental of sports equipment; rental of inflatable bouncers; rental of bouncy castles.
Click to expand...

Problem with the newsagents is brand impersonation. So it's indicating the newsagent belongs to Everton FC and is trying to leverage off that brand. Everton have trademarked that brand image for the name.

With the farm shop, no such attempt has been made. If the newsagent just called itself "Everton Newsagent", because it was based in Everton, without the impersonation aspect, it'd be fine, as it is simply a location descriptor. Same for Everton Post Office, Everton Hairdressers - whatever you like.

If the word "Everton" was absolutely trademarked in this instance, Everton wouldn't back down and say they'd be OK with everything in a level font. It is not absolutely trademarked, as very little is. Trademarking a place name absolutely is difficult, if not outright impossible.

http://www.theguardian.com/law/shortcuts/2013/jun/04/you-cant-trademark-everything-chanel

The problem is the legal team has been overzealous, noted the prominence of the word "Everton" in a logo, and acted without much thought to apply the trademark.
 
Great début from the new Pr, Marketing and Communications staff this is,

"how about a new stadium"
"Nah priorities lad, this farm needs to be sorted before we can even think about any new Stadium"
"Ahh so we sort this then move onto the new stadium idea"
"Nah lad, we've heard rumours that some old Granny down dingle way is handing out toffees to the local kids, they call her the toffee lady now so were gonna get right on top of that before anything else"
 
Great début from the new Pr, Marketing and Communications staff this is,

"how about a new stadium"
"Nah priorities lad, this farm needs to be sorted before we can even think about any new Stadium"
"Ahh so we sort this then move onto the new stadium idea"
"Nah lad, we've heard rumours that some old Granny down dingle way is handing out toffees to the local kids, they call her the toffee lady now so were gonna get right on top of that before anything else"
 
Tubey said:
Problem with the newsagents is brand impersonation. So it's indicating the newsagent belongs to Everton FC and is trying to leverage off that brand. Everton have trademarked that brand image for the name.

With the farm shop, no such attempt has been made. If the newsagent just called itself "Everton Newsagent", because it was based in Everton, without the impersonation aspect, it'd be fine, as it is simply a location descriptor. Same for Everton Post Office, Everton Hairdressers - whatever you like.

If the word "Everton" was absolutely trademarked in this instance, Everton wouldn't back down and say they'd be OK with everything in a level font. It is not absolutely trademarked, as very little is. Trademarking a place name absolutely is difficult, if not outright impossible.

http://www.theguardian.com/law/shortcuts/2013/jun/04/you-cant-trademark-everything-chanel

The problem is the legal team has been overzealous, noted the prominence of the word "Everton" in a logo, and acted without much thought to apply the trademark.
Click to expand...

See what your saying mate, but unless the business uses FC in its name they are just using the name of a district of Liverpool nothing whatsoever to do with the club, the are well pre-dates the Club and frankly the club is being absolute morons making any issue of this
 

This is mental. If the place is called Everton then they can use it surely? There is a village in Hampshire called Everton too - I shall give them the heads up that they may face legal action soon!
 
We have begun farming organic pigs and I think it would be great for Everton FC to taste some real Everton."


cryig here
 

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