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Bushy's To Defend.....


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Quoting Rob Callister, MHK - Member for Onchan on Facebook:

 

"I spoke to Martin Brunnschwieler‎ who is currently off-island. Hopefully, this matter can be resolved quickly. A statement will be issued by the Department tomorrow."

Oh great Rob Callister to the rescue. I will look forward to reading about 25 posts on Facebook saying how fantastic he's been in sorting all of this out single handedly then? Followed by about 5 blog entries and 10 Tweets all about how Rob Callister sorted the whole thing out and how ace he is.

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Not many posters here appear to understand trademark rights or the trademark law. The owners of a trademark will allow someone to use their trademark in return for a licence fee. Presumably Bushy's could have avoided the issue arising by just paying for a licence to use the TT mark in relation to their trading at the IOM TT, but have chosen not to, in violation of the owner's rights. Many local traders will be permitted to use the TT name and logo in return for an appropriate licence fee.

 

If a trademark owner allows a person or company to use their trademark without permission, it becomes difficult for them to defend other rights breaches. The courts will take a view about a trademark owner who allows one breach whilst trying to pursue others. If you check the trademark register it is apparent that DED has registered the TT logo and the TT word mark in relation to motorcycle racing on the Isle of Man so anyone using the TT initials commercially in relation to the event will be in breach of the owners trademark rights. Accordingly, DED will be acting perfectly reasonably and sensibly to protect it's trademark registrations, which will be important sources of revenue for them and the TT itself.

 

I suspect that if a politician allowed a particular trader to use the registered trademark without permission or without paying a licence fee, he/she would be damaging the trademark owners rights in relation to the use of the mark and their ability to earn revenues from it. I also suspect he will be advised to tread very carefully by DED's commercial lawyers.

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Not sure what DOI has to do with this Boredom as they are not the trademark owner.

Doesn't Callister have some sort of role in relation to Motorsport at the DOI (let's face it "Joe Bean" you know he does) and so it doesn't matter where the trademark sits within government he'll be told to protect it and appears to be toeing the party line nicely.

 

Honestly, I have no idea what Rob Callister's role is at DOI. I don't know what DOI would have to do with commercial issues surrounding the TT.

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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.

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Doesn't Callister have some sort of role in relation to Motorsport at the DOI (let's face it "Joe Bean" you know he does) and so it doesn't matter where the trademark sits within government he'll be told to protect it and appears to be toeing the party line nicely.

 

While I appreciate that IOMG spent the last ten years playing a form of musical chairs with the Departments[1], I think you will find that:

 

Mr Callister is a member of the Department of Economic Development and is responsible for Tourism, Motorsport and the Villa Marina & Gaiety Theatre as well as Retail, Hospitality and Construction.

 

Actually I wonder if any of this is the direct responsibility of the DED at all. Some companies actually engage firms of specialist lawyers to monitors usage of their brands and trademarks. Obviously because these legal firms get paid very well for every 'violation' they discover, they do can this on little or no grounds in many cases, relying on intimidating small companies and organisations into submission - even if what those were doing doesn't damage the brand at all.

 

All too often this backfires spectacularly with the reputation of the trademark holder being damaged by them being made to look like bullies and/or completely ridiculous. Any company that allows its brands to be 'protected' in this way deserves everything it gets. A public body is even more vulnerable and using such a system would be incredibly stupid. That said, "Paying 'experts' large sums of money to cock things up" is basically the DED's mission statement, so it may well be what happened.

 

 

[1] Except each time the music stopped there were more chairs and the participants got paid even more for sitting in them

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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

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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.

Nobody cares "Joe Bean"

I'm looking forward to how Callister tries to wriggle out of this bag of shit.

Boredom - you never change..........

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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.

Nobody cares "Joe Bean"

I'm looking forward to how Callister tries to wriggle out of this bag of shit.

tbf RC probably doesnt understand what a trademark, registered trademark, design right et al.. are

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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.

Nobody cares "Joe Bean"

I'm looking forward to how Callister tries to wriggle out of this bag of shit.

tbf RC probably doesnt understand what a trademark, registered trademark, design right et al.. are

No, I have only registered seven or eight trademarks over the years.......

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