Copy-rights/name Of Shop.

[zzz9]

A serious question about copy rights.

A name of a shop.lets just say I want to call my shop in a name of ubc channel:

ESPN / FTV .

Is it a problem in the eye of the law? I am talking about small shop not company LTD/CO. just a small thai style shop.

I want serious answers please.

Whats the law says? .

[andy1308]

Trade and brand names are registered, or supposed to be. I am not sure exactly which department looks after it, perhaps the Intellectual Property Department? If the name you propose to use has been registered then you might run the risk of some kind of action, just as you would anywhere else in the world.

[Farma]

When the wife registered our shops she had to provide a number of names we hoped to call each shop.

Some of the names were rejected as they were already registered in the Umphur or Province so they went through the remaining submitted names until one was free to use. I can’t remember if it was an Umphur or Province check.

One of our shops has the same name of a national chain but with an extra word on the end. To my surprise it was registered as we had the extra word on the name and selling a different line of products.

The name of another one of our shops seems popular as I’ve seen 3 others with an identical name selling the same products in various parts of the country.

[mr_hippo]

I would say that you are running a big risk there have been quite a few cases where the owner of the registered mark has sued and won. A butcher's shop in Birkenhead, England specialised in sausages and renamed his shop 'Sausages R Us' and he was successfully sued by 'Toys R Us" for trademark infringement, You could possibly run foul of the law with a similar sounding name e.g. 'Hee Ess Pee Enn'

[Farma]

I don’t think it matters that much in our case as the Chain in question has a branch across the road and there are at least another dozen shops in the city using the Chain’s common name as the start of their business name.

Our logo has no resemblance to the Chain mentioned and our products are at opposite ends of the spectrum so to speak.

[zzz9]

intresting.... but I still didnt get the exact answer.

the example of the butcher in england says its a risk (and in the butcher case its was'nt even the exact word...).

The Farma shop example he say that once the athoroties accept the name you requested its approved and no problem in the eyes of the law.

BUT in england the butcher got his shop's name approved and still got raid by "Toys R us".

.......

[Farma]

I think it could be a problem if it was a large multinational brand and you were using their logo along with a similar sounding name. I seem to recall problems in Pattaya where an eagle logo was being used on a shop with a similar sounding name to Harley Davidson.

[JimsKnight]

intresting.... but I still didnt get the exact answer.

the example of the butcher in england says its a risk (and in the butcher case its was'nt even the exact word...).

The Farma shop example he say that once the athoroties accept the name you requested its approved and no problem in the eyes of the law.

BUT in england the butcher got his shop's name approved and still got raid by "Toys R us".

.......

If this registered business is located in Thailand its unlikely anyone from UBC will give a sht enough to take legal precedings out here against a company in SE Asia.

If they do he'll probably be the unluckiest sonofagun in LOS.

[zzz9]

Quote:

"If this registered business is located in Thailand its unlikely anyone from UBC will give a sht enough to take legal precedings out here against a company in SE Asia.

If they do he'll probably be the unluckiest sonofagun in LOS.".

the question was in the aspect of the thai law and not about lucky or the company actions.

I can say it also about Microsoft that many many shops run illegal softwares and microsoft can't control all of the mess.

BUT once they get somebody(Ie.:the unlucky guy..) so....

[Chang_paarp]

I think it could be a problem if it was a large multinational brand and you were using their logo along with a similar sounding name. I seem to recall problems in Pattaya where an eagle logo was being used on a shop with a similar sounding name to Harley Davidson.

They will try it on every time. Usually the small trader that receives the threatening letter from the legal department of a large company get scared and backs down. Often because they cannot afford to fight the case.

There have been some interesting failures of corporate imperialism in Au. Burger King is called Hungry Jacks because when Jack Berendt bought the master franchise for Au, there was already a registered name "Burger King" and the business had been trading for some time. He took the decision to open with a different name, although every store has a plaque acknowledging their connection to Burger King Corp.

Taco Bell had the same problem, they used the usual method of throwing lawyers at the annoyance, and lost. If they had been smart, they could have bought the business for less than they spent lawyers. They eventually did open in Au and that was a flop.

A person I know was selling sunglasses that looked very similar to a couple of models that Oakley had in their range, without any branding. He received the usual subtle letter from the legal dept. He wrote back asking on which of his products their registered designs and trademarks had he infringed on. 4 years later he is till waiting for the reply.

Mcdonalds are another company that aggressively targets anyone using a similar name, They took on a person with the name Mcdonald over their business name, they backed down before it went to court. They also had a go at another business who used a single arch as their corporate identity. The other company thanked them for their resulting publicity, again McD's withdrew the suit.

One reason they do this, is because if their trade name can be deemed to be "common usage" they lose the exclusivity. eg no-one thinks twice to ask for a Biro, it is the registered name of Bic, rolling ball pen or ball point pen is the correct term. Formica is that stuff they put on tables in kitchens, it is also the trade name of a laminate product .

[zzz9]

Good stories but relate to the original messege I opst it ...I still didnt get it..

he he .

[Farma]

zzz9 have you asked if the business name you want to register is available for registration yet?

It may not be available. The preferred names of 3 shops we wanted to register had already been taken.

I'm also sure the office will inform you of any legal problems if you ask them.

[zzz9]

It is avaliable name.

But its in a thai town.

Ok straight to the point farma(I thank you for ur comments..).

It will be a falang shop and I just want to be 100% legal and not leave any "loops" that will let the thais try to attack/scam/trick or whatever in a claim that something is wrong/illegal/not in the rule with my biz.

All the other aspects of the biz already covered.

Lets beat the thais.

Last advice about this issue?