CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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MONDAY, 7 APRIL 2008
Scotland: trade mark troll attacks small businesses
On its website the BBC reports that small companies in Scotland are being targeted in a "trade mark troll" scam which has already swept the US. The "trolls" typically register trade marks in the name of an existing and unsuspecting small business and then demand money to licence or sell the mark back to the original company. It appears that the troll in question, "Never Give Up", has so far mainly targeted small juice and smoothie bars and tries to profit from the fact that the owner's of small businesses are often not aware that simply trading under a name for a significant amount of time creates common law rights in a mark. According to the BBC
"Never Give Up has attempted to register trademarks for at least 34 different juice-related names, at least four of which are names of existing juice companies, at the government's Intellectual Property Office."
Further details can be found on the BBC's website.
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