Quote:
Originally Posted by Dephormation
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Thanks - I see the graphic of the mark shown on
http://www.ipo.gov.uk/madridEU?madridEUnum=U00000931311
is NOT the actual mark they use. So still no clarity on that then. Obviously they have had difficulty registering the actual design of their website Phorm mark presumably on account of difficulty in establishing that it is their intellectual property owing to it's remarkable similarity to the UK design companies mark.
Not wanting to start a lengthy discussion on this - just checking out whether there had been any progress on the matter. Obviously a company about to enter deep water on discussion of intellectual property rights of website owners, would need to occupy the moral and legal high ground when it came to their own logo and trademark as used on their own website.
Questions for Phorm - I'd prefer it if they were only answered by an official Phorm representative, so we don't end up going round and round again.
Have you made any contact with Phorm Design of S Yorkshire, regarding copyright issues and registration issues relating to the logo and name Phorm?
Are you making, or have you made, any payments to them for the use of that logo design and name?
Is the
Phorm logo used on your site, protected or in any way registered as your own intellectual property? Or can I use it myself for a product I might wish to develop for my commercial advantage?
Is the name
Webwise a registered trademark belonging to Phorm Inc ?
With regard to the very brief copyright notice on your site, exactly
what rights do you "reserve" with regard to the content of your site? Which particular legislation or rights do you claim with respect to your intellectual content?
May I make print copies of your website content and use them for my commercial advantage?
May I make temporary electronic copies and use them for my commercial advantage?
May I create derivative works based on your website content, for my own commercial advantage?
May I use your domain name, and plant cookies on other people's machines, which purport to come from the phorm.com domain, again for my commercial advantage?
Just to let you know, I have asked BT Retail a number of questions about the copyright issues around the
www.bt.com website, but they haven't felt able to reply yet as I imagine they are seeking/obtaining legal advice/counsel/ on the matter.
The questions won't go away, either in the USA or the EU so best to work out some answers.