Name change- British Lambretta Owners Association Club

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Donnie
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It would appear they have indeed done what they need to re the trademark, he applied, they objected, he then has to answer that, he hasn't.
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drunkmunkey6969
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Donnie wrote:It would appear they have indeed done what they need to re the trademark, he applied, they objected, he then has to answer that, he hasn't.
I’ve no idea if he is required to respond, and if he is, I’ve no idea if he has responded or not.

But in either case, the IPO can...and will, make a ruling on the matter...with or with out his input.

He will either be granted the trademark at some point, or they will revoke it. Until then, the LCGB can either wait, or instruct their barrister to proceed with separate legal action.

But no matter what details, id imagine the LCGB will have to demonstrate their attempts and willingness to mediate...if they hope to recover any costs.

That was my observation, that’s all.
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drunkmunkey6969
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Steveshipley wrote:I agree DM, I know from personal experience to be successful through Small Claims you must demonstrate you've done all you reasonably can to seek redress before you go in front of a judge. I'm not aware LCGB have done this, bearing in mind they seem to be the plaintiff.
Thank you, you phrased it better, that’s all I was trying to say. Lol
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Donnie
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To put some flesh on the "he said, she said"

GF approached Kev Walsh, Kev would appear to have spoken to the LCGB / committee with the following offer which you can read as his transcript of the email sent in the very first post of this thread:

"1- Change the name and artwork from Mike Karslake which will make it alien to the LCGB. With reference to a phone conversation today with NAME REMOVED, NAME REMOVED said that he will write me a letter giving me his word that no backlash will come of this if I change the name and artwork as above.

2- Run side by side with the LCGB, to keep the name as it is, put the copyright with you. For me to sit on the committee with the LCGB for BLOA issues only and to hold a BLOA AGM with our own committee. Funds made by BLOA to stay in the club to run it and build the museum. So basically BLOA is 100% self-sufficient."


In later replies it appears 1 & 2 is in fact 1 or 2, GF offered either of these as a solution.

LCGB refused which is frankly unsurprising as 1 the name is barely changed and neither is the artwork, but in 2 he's demanding a seat on the LCGB committee, I mean without even the sense to offer the LCGB one on the BLOC/A! Completely illogical and one sided.

Whats even more interesting is that part of 1 is that he would sell back the merchandise etc, but he wants to make a profit from it, ie not sell at cost, which is normal in such a dispute, but no, he wants to profit from it!

So, thats what "he said" and then "she said" is the LCGBs refute of the offer which they are entitled to do. Has GF countered the offer to try and find a settlement? No.

I don't see the LCGB having any choice but to move forward frankly.
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I think we're getting sidetracked on the recuperation of costs, thats a separate issue to be fair and I don't believe that is the specific reason for legal proceedings.
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drunkmunkey6969
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Donnie wrote:I think we're getting sidetracked on the recuperation of costs, thats a separate issue to be fair and I don't believe that is the specific reason for legal proceedings.
Agree.
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I agree Donnie


There is a relatively easy & fast way out of this for GF which I covered earlier.

GF needs to
1. drop the claim for trademark of the name 'British Lambretta Owners Association'.
2. cancel his 'copyright' registration and/or sign an agreement with the LCGB the copyright is theirs*
3. let Kev Walsh know who can then pass this on to the LCGB committee.

This could all be done & dusted by the end of today frankly.

Of course (as DM said) it doesn't cover costs and no doubt there will some murmurings from within/without the LCGB about this but frankly I for one don't care, I want the matter drawn to a swift conclusion as soon as possible so we can all move on.

The ball is in Gavins court.

If he wants to play hard ball then he'd totally reliant on winning the trademark case and then defending any counter claim for wrongful copyright of images in my view.
I don't know how GF is going to fund any legal defence or pay any costs if the case(s) go against him, I know the LCGB can afford it however.
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Huge waist of cash that could and should be spent on much more deserving things.

What happened back when the Lambretta name was registered and used for clothing etc? I've forgot :(
timexit17
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Indeed.
Still it'll give you something to have pop at the committee for ad infinitum, so all good eh?
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timexit17 wrote: Sun Apr 15, 2018 4:40 pm Indeed.
Still it'll give you something to have pop at the committee for ad infinitum, so all good eh?
I have more than enough on them to moan about without this.
Be interesting though if they still continue to try and f@@k Gavin up even after he complies if he does.
That's what I'm expecting given their vindictive nature.
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