Name change- British Lambretta Owners Association Club

General scooter chat, any scooter related non technical info.
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coaster
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Doom Patrol wrote: Fri Apr 13, 2018 12:30 pm Hang on a minute. Let's not confuse moral issues with legal ones. Whatever he purchased, trade marked, or whatever must have been given to him on a legal basis. Obviously the LCGB is challenging that, and that is their prerogative, but as I'm sure has been previously stated it is on the grounds of intellectual copyright, or else the situation could not have arisen and names / logos, could not been purchased. Strongly implying that someone is a thief is a different matter, when it would appear the club has been caught with its trousers down.
The law is not perfect and there are loopholes that opportunists can climb through all over the place. I would seriously question anyone's moral compass if they cant see that spirit of what GF has done is completely wrong. "caught with their trousers down" ffs? Everyone is blessed with 20:20 Hindsight, I for one would not blame the committee for not foreseeing the need to protect its assets from this sort of attack, it's an owners club run by volunteers, not professional copyright lawyers. That said, I would be very disappointed if the club isn't looking to do precisely that for all remaining artwork and names, there could be other Wyle Foxes out there with an eye on our chicken shed.

Eden, on a personal level, I would be VERY disappointed if you chose not to re-apply for LCGB membership but you don't make it easy by using public forums to lambast the elected committee. You need to be doing what you are advising the LCGB to do and pick up the phone or drop people an email. There ought to be a process for resolving disputes and this forum and FB is not it ;)
wintermod65
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mr frankland is trying to register BLOA name under class 41 trademark also on his application as it stands is the lambretta lion logo for printed and embroidered items , although he said the logo was in error and it is owned by another party as the application is under objection he has no rights to the name until an IPO hearing decides in his favour or not . then it is open to the legal action.

for those who think its only a name or badge ,think carefully on the Rimini lambretta facebook page a while back dean stated that their rider logo is copyright , also the supertune chappy has also don the same on his.

what about ray kemp or macca i wonder if the s type or dtc logos / names are copyright/trademark

theres plenty of unofficial scooters using these logos names about maybe the owners of the marks will take action against others as an unofficial scooter may not be done to the same standard and risk damaging their reputations by the unenlightened believing they are the work of the businesses above
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Doom Patrol
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timexit17 wrote: Fri Apr 13, 2018 1:00 pmThe first is disputed legally.
The second has been accepted by all parties to the dispute.
Okay, so we can dispense with the second point, as it no longer seems to be an issue. As regards the first point you're basically suggesting he bought a dodgy motor, is that it?
servetakid
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Doom Patrol wrote: Fri Apr 13, 2018 1:36 pm
timexit17 wrote: Fri Apr 13, 2018 1:00 pmThe first is disputed legally.
The second has been accepted by all parties to the dispute.
Okay, so we can dispense with the second point, as it no longer seems to be an issue. As regards the first point you're basically suggesting he bought a dodgy motor, is that it?
No, using my analogy, he effectively he registered someone else's unregistered scooter in his name.
timexit17
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Good points WM!
The new BLOC logo is, in fact, a design by the Lambretta club d'Italia, (albeit without the wording as Gavin has used) it is relatively recent too and the logo itself is used on all their own club merchandise.

I seriously don't get what the attraction is with using someone elses logos/imagery rather than designing (and then copyrighting) your own.
There are clearly some who want this alternative national club and I wish them well -just use your own names and logos please and stop mucking about.
timexit17
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Doom Patrol wrote: Fri Apr 13, 2018 1:36 pm
timexit17 wrote: Fri Apr 13, 2018 1:00 pmThe first is disputed legally.
The second has been accepted by all parties to the dispute.
Okay, so we can dispense with the second point, as it no longer seems to be an issue. As regards the first point you're basically suggesting he bought a dodgy motor, is that it?
WM has answered this point better than I could.
servetakid
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servetakid wrote: Fri Apr 13, 2018 1:39 pm
Doom Patrol wrote: Fri Apr 13, 2018 1:36 pm
timexit17 wrote: Fri Apr 13, 2018 1:00 pmThe first is disputed legally.
The second has been accepted by all parties to the dispute.
Okay, so we can dispense with the second point, as it no longer seems to be an issue. As regards the first point you're basically suggesting he bought a dodgy motor, is that it?
No, using my analogy, he effectively he registered someone else's unregistered scooter in his name.
And without any consideration for how the person with it sat in their garage would feel about someone getting their hands on the V5.
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Doom Patrol
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Yes, I get that. But it was sold to him. So the analogy does hold some water.
timexit17
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What was 'sold' to him?
By whom?

If you mean the fee for registering the trademark it wasn't sold, it's a fee for registration.
He doesn't own the trademark currently.
servetakid
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Doom Patrol wrote: Fri Apr 13, 2018 1:47 pm Yes, I get that. But it was sold to him. So the analogy does hold some water.
It wasn't sold to him, he paid the registration fee.

So he basically paid the £50 to the DVLA to register a scooter that lay unregistered. Again without any consideration for the person whose garage it sat in.

The IPO recognise that someone may try and register something that is not owned by the applicant, hence the facility to oppose and block the application. Which is exactly what has happened here.

If Gavin had designed and created his own imagery and name, this argument would never have happened.
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