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Bushy's To Defend.....


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By registering these trademarks, the Isle of Man now benefits by over £1 million that is generated through trade agreements with around 15 Commercial Partners, which financially supports these events at a time when Department budgets are being cut or reduced.

I am certain that the Manx Treasury won't give DED an extra £1 million if we remove our trademarks..............

So take less money out of it yourselves?

 

You don't pay the fire service, ambulance services, the police or DOI except their wages and a bit of overtime over the period. You don't pay the volunteers anything, the marshals only get expenses, the boys scouts do the score boards for free and most people work for free or next to nothing to put the event on as they love the Island and the event. The main event costs are government payroll and government infrastructure and services costs. Rather than do this it should be easy to lose at least £1m of expenditure as IOMG is just about the only main budget controller who benefits from the loss making event anyway.

 

It's a false argument Rob.

 

Bushy's at least pays tax and NI here unlike your other favoured main affiliates. That's probably worth more than stinging them for £50k in licensing fees.

"hboy"I've been a marshal for years and I've never been offered expenses .

 

The only" incentive" would be the provision of a meal at the "Marshal's supper" (which I've never attended), and Marshals don't get free entry into the the 'publicity launch'.

 

Not complaining , just sayingflowers.gif

Having known and knowing many people who Marshall both the ** and FOM, I know nobody complains. They aren't in some cases treated with the best of respect by the organisers or Government, and the amount of hours freely given should be valued. Marshalls do it because a) they love the island and b) they love the sport and participate in motorcycling. Without the Marshalls the ** and FOM will cost a lot more to stage.

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RM:

Incidentally I don't think you'll find many people on the Island who believe that it was alright to piss money away when we thought we had a lot of it, and economy only needs to be considered when the cash runs out. Perhaps you've been spending too much time with 'senior' civil servants.

 

+1,very well said,Roger. thumbsup.gif

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I fully acknowledge that a lot of people are upset and angry with the Department's current stance, and we are working with Bushy's to find a satisfactory solution for everyone involved.

 

So it's almost as if you and 'the Department' see this as a 50-50 sort of legal dispute right from the start.

 

As I see it, Bushy's have done nothing wrong and all of a sudden they are head-to-head with the Government.

 

In this respect I have little doubt that the Department has had Manx advocates legal advice.

 

 

 

 

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And Skelly, don't start me on that fecker, what a cock. That Tourist Tat that he sells is an embarrassment too.

 

 

Skelly has been elected for all this time, it seems, because he is some sort of entrepreneurial businessman.

 

An MHK and Minister all this time for that.

 

Our national Government, has been on the lines of:

 

Scaffolder=businessman

Fridge fixer=businessman

Jumper salesman=businessman

[anything]=businessman

etc.

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In that case Boredom you didn't get the gist of my earlier post. DED has to act, like any trademark owner to protect its rights by preventing unauthorised use. I would imagine that Bushy's registration of Bushy's TT went unnoticed, which would be an error. However, as DED registered the TT for use in connection with the IOMTT some years earlier, their rights will probably take precedence. There is nothing stupid about taking action to protect your trademark registration. It would be stupid not to.

 

If DED took no action and lost their rights to the TT name and logo as a result, I am sure they would be vilified on this forum and elsewhere. Bushy's would not be trading at the TT at all if the trademark owners did not have the revenue or rights to run the event. I am just trying to explain trademark breaches and subsequent actions. I don't really care if the TT exists or not, so I am not toeing anyone's line. But please feel free to ignore what I say and pursue your own opinion.

Thanks Joebean, I think you have explained the situation very well - thank you

 

Apologies for not replying to this last night.

 

It's true that what joebean states is more or less the standard defence of aggressive trademark protection and has been for many years[1], but that doesn't actually mean that it is correct legally, especially in UK, rather than US, law[2]. It's just something that provides a profitable sideline for lawyers.

 

Even if it were true, it might not be wise in this case. Because the trademark registration is so recent in terms of the TT's lifespan, there will be plenty of businesses (including Bushy's) who will be able to point to use of 'TT' before then and so claim priority. It would well be that taking the case to Court might actually end up with a decision weakening the extent or even existence of the trademark other than a few logos.

 

And of course it's even less wise politically as this thread (and others elsewhere) demonstrates. It manages to unite both supporters and opponents of the TT, which is some achievement. It adds to the impression of incompetence and favouritism that most people have about the DED - and that's before Skelly's own unauthorised use of 'TT' came to light[3]. It directs attention towards an area of government already developing a reputation for being unable to do anything right. and allows people to recall past scandals. It damages the Island's reputation among ordinary off-Island TT fans, who see the Government trying to stop the sort of thing they enjoy about coming over to watch the Races.

 

And all for what? There seems no evidence that any sponsors are complaining that Bushy's are somehow taking their sales away from them. Indeed there doesn't seem to be a sponsor from the brewing industry at the moment[4]. Indeed potential sponsors are more likely to be put off by such amateurish behaviour.

 

 

[1] Private Eye used regularly to print on its Letters page, missives from lawyers demanding that they stop using 'hoover' as a verb or whatever because it "infringed their client's intellectual property rights". Naturally the Eye (and everyone else) took the piss out of them and kept on using 'hoover' as a verb.

 

[2] It's worth pointing out that we are talking about UK not Manx law here. According to the Government's own website:

 

The Isle of Man does not have its own register of trade marks. However, the United Kingdom trade mark system applies to the UK and the Isle of Man as a single area, and thus trade marks registered in the UK Intellectual Property Office are protected under Manx law.
The UK Trade Marks Act 1994 applies to the Isle of Man subject to modifications made by Order in Council. The current Order is the Trade Marks (Isle of Man) Order 2013 (SI 2013/2601).

 

So if this did come to legal action it is highly likely that the case would be held in the English Courts (with specialist judges and counsel) and the malign or otherwise influence of the Manx old boy network would be less potent.

 

[3] Incidentally, where is Skelly? It's very unusual for a Departmental Member to be the one defending on such a controversial subject - usually it's considered that is what the Minister is paid for.

 

[4] In his MTTV interview, Martin said they had asked about becoming a sponsor in the past, but had been refused on the ground there was already on from that industry sector. They have also been not allowed to pay to advertise in certain places. Rob, on the other hand says that Bushy's have been 'approached' in the past, though presumably he's only repeating what he's been told.

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I have just seen Rob C's interview on MTTV. He comes across as a complete tool who is out of his depth. In contrast Martin was calm, measured, and came across as reasonable. Youre right too Roger in that if it ends up in Court it will more than likely end up in a UK Court as the IOMG TT trademark is government by UK IP Laws. Crowdfund it Martin there are lots of people out there who would throw in some cash just to help you prove a point. The TT is about the event and the IOM, not about protecting off Island corporate sponsors' rights.

Edited by hboy
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Excuse my naivety, but was Mr Callister elected to represent the people of his constituency and the people of the Isle of Man or, was he elected to be a mouthpiece for his new found friends in government/civil service for the next 5 years.

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Excuse my naivety, but was Mr Callister elected to represent the people of his constituency and the people of the Isle of Man or, was he elected to be a mouthpiece for his new found friends in government/civil service for the next 5 years.

 

 

Nah, he was elected because he isn't David Quirk.

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I think Rob has a point, the TT brand should be protected and optimised.

 

My thought though is the the Bushy's t-shirt does not come near to infringing the TT logo.

 

No but it will infringe the rights of the guy who's made a pile out of t-shirts with the TT logo .

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I thought this from Rob Callister says it all !

 

Ten years on, the Isle of Man no longer has the same level of financial income or resources, and the costs associated with running the TT and Festival of Motorcycling increase year on year.

 

It illustrates imo that there is nothing the government won't plunder in order to try and keep the mismanaged bloat afloat, interestingly don't the costs referred to mean an actual healthy profit ? at least I thought that was what they always said !

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