Everton FC in battle with village farm shop over its name

[Verbal Kint]

On a completely different topic now, but can you still buy Everton sweets or mints as they were called.

 

[Carlito]

I love that they've already tried to settle, essentially playing for a draw.

As someone else said, I'm so glad we don't have heartless corporate owners, like all the other evil clubs in the league.

 

[Prevenger17]

I hope Everton smash this lady's small business into dust. NSNO

 

[Reidy's Bottle Of Grecian]

I've heard that popular Liverpool based Band 'The Farm' are also thinking of writing to her.

 

[GrandOldTeam]

Just a thought.
Everton FC is in the Liverpool district of Walton. So surely she has the right to use the word Everton more than the club do?

Secondly - if that newsagent is by the ground and not actually in Everton then it should be in big troubke as it is ripping off the name and font while not actually in Everton or associated with the club (I imagine).

Thirdly - she has got her free advertising now and I'll make sure next time I'm driving through that way I'll seek out that shop and buy some of the produce. If it isn't as good as what she says it is I'll proper fume about this then.

Fourthly, the newsagent is a photoshop.

It's not a fair request.

There's no way that logo is infringing on any club trademark.

The retained legal team are not protecting the brand by doing this, they're trying to justify their fees by pursuing anything possible regardless of it being clear nonsense.

Subjective, isn't it? The clubs legal firm clearly think it is. They're more qualified than me and dare I say it - the mighty Brennan who knows everything...

The exemption in this case is the location.

If it wasn't in 'Everton', they wouldn't have a leg to stand on.

It's folly of the clubs legal firm to challenge it, but the reports are over playing it - all the club did was ask if FARM SHOP could be the same size as Everton. Everton even offered to pay for the revision. For me, a trademark holder - that's reasonable.

 

[GrandOldTeam]

Legally they have a right to do this, they also offered a very reasonable alternative.
Perfectly fine thing to do.

100%

The business owner has been very savvy in using this for some PR. Every article is a press release, citing awards and so on.

 

[GrandOldTeam]

I hope we Lose. Everton in the Community my hoop.

They're an independent charity mate.

 

[GrandOldTeam]

Good to know the club has it's priorities in order

It isn't Martinez, the players or even Elstone who track trademark requests.

It'll be a legal firm, on a club retainer.

Honestly, the way people think a football club is run!

 

[BoysInBlue]

I'm no expert, but it would seem foolish for the Club to not protect its trademark.

Everton have been reasonable;



By allowing her trademark 'Everton', would there be potential implications in the future?

By all means protect your trademark, but every case is different.

This is a farm shop based in a village called Everton and selling farm shop produce. Nobody is taking advantage of Everton FC's name. She's not pretending they're associated with Everton FC. The club recognise this, which is why they're making silly settlement offers not about the use of the name but the use of font type & size.

It's rarely quite pathetic & makes the club look silly throwing their weight around.

 

[GrandOldTeam]

By all means protect your trademark, but every case is different.

This is a farm shop based in a village called Everton and selling farm shop produce. Nobody is taking advantage of Everton FC's name. She's not pretending they're associated with Everton FC. The club recognise this, which is why they're making silly settlement offers not about the use of the name but the use of font type & size.

It's rarely quite pathetic & makes the club look silly throwing their weight around.

Won't argue with that, but it really is subjective and I can understand both sides.

And I'm someone who's been on the rough side of the clubs over zealous legal firm...

From a branding perspective, it does seem odd to give so much prominence to the word Everton over Farm Shop though.

Anyway, why am I discussing this on a Friday night?

 

[LouReedwalkonthewildside]

I hope Everton smash this lady's small business into dust. NSNO

 

[atrottel]

Look, the Everton is very similar to the font that Everton use on their official stuff. It is at least three times the height of 'Farm Shop' which is in much fainter type underneath. The lady who is complaining wasn't actually contacted by the club and told to stop using it - she actually wanted to trademark the way she was using Everton so she was the one that started taking legal steps and, quite correctly, whoever the club pay to manage this stepped in to protect their rights.

It is just a business thing. The woman was either commercially incompetent or chancing her arm - either way the club and their legal advisors appear to have been more than fair in this case. (And, like GrandOldTeam, I speak as someone who has been on the receiving end of legal threats for copyright infringement and they are usually a lot nastier than that.)

 

[Brennan]

They're an independent charity mate.

An independent charity who the club like to associate themselves with and leech off for good PR.

Caring about the community - when it suits.

 

[BoysInBlue]

Won't argue with that, but it really is subjective and I can understand both sides.

And I'm someone who's been on the rough side of the clubs over zealous legal firm...

From a branding perspective, it does seem odd to give so much prominence to the word Everton over Farm Shop though.

Anyway, why am I discussing this on a Friday night?

I figured prominence was given due to the shop being in a village called Everton, and the owners being proud of their village and wanting to be known as 'THE' Everton Farm Shop in that area.

Now if she'd used the club crest, or if she'd been selling footy gear at the shop, they may have had a point regarding confusion in the market place. But they haven't, this is simply the club throwing their weight around without thinking things through.

Who on earth would see that shop, or go into it, and think, 'Hmm, looks like Everton FC have branched out into farming and selling eggs & cheese!' Absolutely no one will make any association with that shop and the football club. The whole thing is beyond ludicrous.

 

[Brennan]

Fourthly, the newsagent is a photoshop.



Subjective, isn't it? The clubs legal firm clearly think it is. They're more qualified than me and dare I say it - the mighty Brennan who knows everything...

The exemption in this case is the location.

If it wasn't in 'Everton', they wouldn't have a leg to stand on.

It's folly of the clubs legal firm to challenge it, but the reports are over playing it - all the club did was ask if FARM SHOP could be the same size as Everton. Everton even offered to pay for the revision. For me, a trademark holder - that's reasonable.

Cringe. There was me thinking a forum was for opinions.