michaelc
Member of DD Central
Posts: 4,895 
Likes: 2,768
|
Post by michaelc on Apr 19, 2023 12:52:30 GMT
Maybe someone who knows more about law than I do could explain what the deal with civil court appeal is. As a laymen, I thought appeal was for rare cases when something was procedurally wrong with the prior hearing. e.g. The judge did some obviously bad stuff and made the whole case biased. Or some other way the hearing was conducted was unlawful or unfair in some way. And yet in practice it seems to be used as an avenue for those with deep pockets to continue the litigation in the hope another judge will have another view. This case with Tesco/Lidl reminded me of it. I don't care who wins the case in the end, but my guess is Tesco have appealed simply because they can and because as above might get a different hearing different judge. It gives them another chance. Not only does this whole process slow it down but doesn't it clog up the system which is in desperate need of unclogging right now? Isn't it about time requests for appeal in civil matters are scrutinised much more carefully? www.bbc.co.uk/news/business-65322972 |
|
|
|
Post by Deleted on Apr 19, 2023 13:17:50 GMT
how would you resource an investigation into the appeal....
|
|
keitha
Member of DD Central
2024, hopefully the year I get out of P2P
Posts: 3,875
Likes: 2,313
|
Post by keitha on Apr 20, 2023 9:19:42 GMT
Maybe someone who knows more about law than I do could explain what the deal with civil court appeal is. As a laymen, I thought appeal was for rare cases when something was procedurally wrong with the prior hearing. e.g. The judge did some obviously bad stuff and made the whole case biased. Or some other way the hearing was conducted was unlawful or unfair in some way. And yet in practice it seems to be used as an avenue for those with deep pockets to continue the litigation in the hope another judge will have another view. This case with Tesco/Lidl reminded me of it. I don't care who wins the case in the end, but my guess is Tesco have appealed simply because they can and because as above might get a different hearing different judge. It gives them another chance. Not only does this whole process slow it down but doesn't it clog up the system which is in desperate need of unclogging right now? Isn't it about time requests for appeal in civil matters are scrutinised much more carefully? www.bbc.co.uk/news/business-65322972I agree appeals in the past used to be unusual, but it seems size of wallet counts these days. on a related point I see that Rebekah Vardy has been allowed to copyright "Wagatha Christie"
|
|
adrianc
Member of DD Central
Posts: 9,014
Likes: 4,825
|
Post by adrianc on Apr 20, 2023 11:02:44 GMT
on a related point I see that Rebekah Vardy has been allowed to copyright "Wagatha Christie" Not copyright it - the copyright belongs to the original creator automatically, although it may not be enforceable. London Entertainment Inc Ltd trademarked it in August for a range of classes of use. They've said that's on behalf of their client, Vardy. trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003895558However, the use for two other classes of use has been objected to by Welspun UK Ltd, a textile wholesaler. trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003822552Other people's use of the words outside those classes is fair game. It's also up to her - and her lawyers - to enforce any breaches within the classes granted. Can't imagine she's going to actually make much money off the brand, but there we go.
|
|
keitha
Member of DD Central
2024, hopefully the year I get out of P2P
Posts: 3,875
Likes: 2,313
|
Post by keitha on Apr 20, 2023 11:48:18 GMT
There you go in this case Coleen Rooney or one of the tabloids coined the term.
yet Vardy who was the "suspect" gets to TM the term
|
|
adrianc
Member of DD Central
Posts: 9,014
Likes: 4,825
|
Post by adrianc on Apr 20, 2023 11:54:36 GMT
There you go in this case Coleen Rooney or one of the tabloids coined the term. yet Vardy who was the "suspect" gets to TM the term Anybody can apply to trademark anything, unless it's already trademarked. If somebody else has the copyright, it's up to them to object and to enforce the breach of that copyright. The person who (arguably) coined it does not seem that bothered - if, indeed, it is enforceable this far down the line... www.theguardian.com/commentisfree/2022/may/15/yes-im-jester-who-coined-wagatha-christie-my-gift-to-headline-writers-everywhereThe irony is that Vardy's too un-self-aware and thick to realise it doesn't even apply to her, since it wasn't her who was doing the sleuthing. She was the miscreant outed by the sleuthing.
|
|
adrianc
Member of DD Central
Posts: 9,014
Likes: 4,825
|
Post by adrianc on Apr 20, 2023 18:04:38 GMT
Additional detail on trademarking...
You cannot just "cybersquat", with no intention to use merely one to deny others use. You must have a genuine intention to use the trademark in the classes applied for.
In this case, they include... <deep breath>
Class 5 - "Sanitisers for household use"
Class 7 - "Whisks, electric, for household purposes;Sewing machines for household purposes;Mixers, electric, for household purposes;Mincers [electric] for household use;Electric whisks for household purposes"
Class 8 - "Household shears;Household knives;Scissors for household use"
Class 11 - "Electrically heated mugs;Electrically-heated mugs;Electric mug warmers"
...plus another 16 slightly more predictable classes. Oh, and the two the other company objected to - which include actual items of clothing... and dog blankets.
|
|
adrianc
Member of DD Central
Posts: 9,014
Likes: 4,825
|
Post by adrianc on Apr 23, 2023 13:16:43 GMT
|
|
|
|
Post by bernythedolt on Apr 23, 2023 20:45:57 GMT
Nice find, a delight to read!
|
|
