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Old 04 October 2009, 09:12   #11
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Originally Posted by jyasaki View Post
Bottom line was that they were forced to change their company ID, and (I believe) ended up selling under the name "Penguin" (and no, I have no idea why they thought the names "Penguin" and "Olympic" would conjure up the same customer confidence.)
I'd trust a penguin on any given business deal far sooner than I'd ever trust an IOC official on the same.
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Old 04 October 2009, 11:04   #12
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I also think you're on dodgy ground. In fact now, having registered and made an enquiry, if they pick up on it, they may be even more likely to act.

Of course, if you abandoned the site name and wanted to play meaner you could monitor other boat-related sites for anyone breaking the rules (improper use of name/logo/phrases etc) and report them to the 2012 office.

This document seems to have the best info. Unfortunately, it seems lacking on how to deal with anyone offering a service that is directly related to the events taking place - eg someone could offer a direct taxi service from Heathrow to Stratford which would be pointless any other time. As far as I could see, it doesn't cover this sort of situation so makes it hard to tell if it would be OK or not.

I think the easiest way to get an answer is to contact them asking how to become the official 'on-water' transport supplier for Weymouth. If you sound like you're waving pound notes around, you'll get to talk to someone!

Good luck.
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Old 05 October 2009, 10:42   #13
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Well surprised we were we had a lawyer from London2012 call and explain the branding issues. Basically they will not allow olympicribs.co.uk and have concerns about ribs4weymouth2012.co.uk but they can allow the other one of ribs4 weymouth providing we dont use the site soley to sell product relating to the olympics but we can use any site to do what we do and add the olympics as a venue coming up. There main concern is that it would appear we were a supplier to the olympics and will not allow this unless they have granted the order to a company.

Cant remember who said it but they did want us to hand over the domain names which had 2012 attached, but they dont pay so we will retain them until they expire , clearly closer to the time if we achieved an order we could again use it so not going to give that away yet.

Cheers for help
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Old 05 October 2009, 12:36   #14
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I don't know whether or not using olympicribs.co.uk or ribs4weymouth2012.co.uk actually violates any intellectual rights, but you can be sure that the London2012 lawyers will talk very confidently about their opinions. They tend to do that, but it doesn't necessarily mean that they are right in every case.

If you do use any of these names and you come under pressure to stop, I would simply direct the complainant to the Nominet Dispute Resolution Service which exists purely for this reason.
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Old 05 October 2009, 14:53   #15
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I don't know whether or not using olympicribs.co.uk or ribs4weymouth2012.co.uk actually violates any intellectual rights, but you can be sure that the London2012 lawyers will talk very confidently about their opinions. They tend to do that, but it doesn't necessarily mean that they are right in every case.


I was a little bored so read the 2 Acts referred to on the site...

the relevant part is (as ammended)
Quote:
(1) A person infringes the Olympics association right if in the course of trade he uses—
(a) a representation of the Olympic symbol, the Olympic motto or a protected word, or
(b) a representation of something so similar to the Olympic symbol or the Olympic motto as to be likely to create in the public mind an association with it, or a word so similar to a protected word as to be likely to create in the public mind an association with the Olympic Games or the Olympic movement”.

the protected words are:
Quote:

(i) Olympiad,
(ii) Olympiads,
(iii) Olympian,
(iv) Olympians,
(v) Olympic, and
(vi) Olympics, and
(b) each of the following is a protected word in relation to the Paralympics association right—
(i) Paralympiad,
(ii) Paralympiads,
(iii) Paralympian,
(iv) Paralympians,
(v) Paralympic, and
(vi) Paralympics.”

No mention of London2012, 2012, or Weymouth2012 in there at all! I could see the argument that "London 2012" is likely to create in the public mind an association with the Olympic Games or the Olympic movement - but Weymouth 2012 ??



The 2012 logo has been registerred as a trademark, and the words "London 2012" have also been successfully registerred - but the phrase in words or numbers 2012/twenty-twelve have been refused a TM application. Whilst I guess they can still claim unregisterred rights - its just crazy to claim that they have restrictions over a whole year.



I certainly can't see anything in either Act to prevent you form setting up a business ancillary to the Games, only providing goods or services during the games etc. Indeed the whole "political" reason for the games is ecconomic gain - i.e. UK plc should want you to do this. I think the lawyers are overstepping the mark by telling you "providing we dont use the site soley to sell product relating to the olympics". I would however put a reasonably prominent statement somewhere on the site that you are not an official supplier to the games.


Quote:
If you do use any of these names and you come under pressure to stop, I would simply direct the complainant to the Nominet Dispute Resolution Service which exists purely for this reason.
and when you do remind them of s16 of the 1995 Act which gives you rights of recourse if their claims are "groundless".
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Old 05 October 2009, 15:05   #16
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(b) a representation of something so similar to the Olympic symbol or the Olympic motto as to be likely to create in the public mind an association with it, or a word so similar to a protected word as to be likely to create in the public mind an association with the Olympic Games or the Olympic movement”.

Cheers to your boredom:- The above section is the basic area this lawyer refered to although he agreed the word Weymouth was not and with 2012 would likely create the above association. I dont need them on my back and can still add all the links I need via present site but will keep developing Weymouth option and have a choice of 2012 if I go that way. I know that a legal arguement is not worth the costings as they have the government money and I have pocket money against them
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Old 21 October 2009, 14:52   #17
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update

The lawyers at London2012 are still trying to make a decision. I spoke to them again and they "prefer" me not to use Weymouth2012 as an option but accept that they may not be able to stop me except through association rules which they are to discuss with their team of lawyers and then write and tell me their thoughts/arguements.

They again asked me to hand over olympicribs.co.uk but when I asked for payment they laughed so I laughed back and said no thanks! They even asked if I would hand over weymouth2012 but agreed they probably at this stage did not have an arguement.

Watch this space they hope to e mail me their responses later this or next week.
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Old 28 October 2009, 06:28   #18
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latest updates ANY THOUGHTS OR OBSERVATIONS

THIS IS A SUMMARY OF THE LETTER FROM LONDON 2012

i) Use of the words Olympic/2012 in domain name

As discussed on the phone, we are concerned that your proposed use of the domain names www.olympicribs.co.uk, and www.ribs4weymouth2012.co.uk, along with the proposed content of your website, may allow you to benefit from an unauthorised association with the Games. A domain name with the words ‘Olympic’ or ‘2012’, used in conjunction with website content which creates an association with the Games, may infringe our rights. If we were to allow such use the rights we can offer to our sponsors and licensees would be undermined. For the reasons set out above, we would therefore ask that you use your proposed alternative domain of www.ribs4weymouth.co.uk.

(ii) Website content

Certain factual statements about the Games are permitted, provided they do not create an association between a business and the Games. You may of course promote the services you intend to offer in the year 2012, provided they are necessary, proportionate, and do not suggest or imply that c2ribs has any association with the Games. You cannot promote or market your business in connection to the Games. I mentioned that we have guidelines on what references to London 2012 are permitted, and would recommend that you read our “Brand Protection – What you need to know, Information for Businesses” booklet which can be downloaded from our website listed above.
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