Apparently you can copyright Glencoe and then threaten folk who have used the place name for decades...
https://mobile.twitter.com/mattoutandabout/status/894233739244564480
Someone should tell Whyte.
https://www.whyte.bike/glencoe
Seen the trademark thing before, someone selling off little parcels of land in 'Glencoe*' along with a 'title'.
*several miles away.
Never seen them chasing outdoor clothing manufacturers though. Seems a waste of resources, it's hardly like they were claiming the jacket was made from the real Glencoe.
They seek to ensure that only goods with ties to the area use the name. So tell them to come back when they've got Protected Geographical Status?
What happens when NTS rebrand Glencoe as Scotlands Epic Majestical Scenic wonder and Spesh sue them?
Seeing them waste money on things like that makes me seriously think about binning my NT membership if that's what they're spending the membership fees on.
I bet its because the NTS have teamed up with Regatta to create a clothing range / brand.
NO chance anyway - Hillcrest have been using the name for decades, NTS registerd it recently
Real shitstorm on social media - big apology coming on Monday?
There's only one way to resolve this- anyone know any Campbells?
Some of the locals are going into orbit this weekend over this. Although my mate who works for NTS Glencoe has been strangely quiet 😀
I imagine NTS will have apologised for being such a knob by the middle of the week.
Arkell vs Pressdram seems to apply here.
There's only one way to resolve this- anyone know any Campbells?
There was a Sgt Campbell at Glencoe ten years ago, that was enough of a struggle for some of them.
They've also registered St Kilda and Glenfinnan
https://trademarks.ipo.gov.uk/ipo-tmowner/page/search?id=188476&domain=1&app=0&mark=UK00003103006
[quote=tjagain ]Hillcrest have been using the name for decades, NTS registerd it recently
I hadn't realised how recently NTS had "registered" it - Arkell vs Pressdram definitely seems to be the correct legal precedent in that case.
Exactly this happened with Yosemite National Park:
The concession holder got kicked out and took their trademarks with them, it's really completely bizarre.
e.g.
"T-shirts bearing “Yosemite National Park” — three words that, when used on merchandise, Delaware North also owns — were removed from gift shop shelves."
Km79 is referring to Highland Titles
[url= http://www.andywightman.com/archives/4152 ]Land Matters blog[/url]
Perhaps NTS should look into that.
I make no comment on Highland Titles. I have contributed to this though
[url= http://www.crowdfunder.co.uk/awdefamation ]Andy Wightman crowdfunder[/url]
Remember back in the 90s when they bought the Mar Lodge estate with the help of lottery money, then tried to ban bikes on the path from Linn of Dee to Feshie?
Km79 is referring to Highland Titles
When I searched for "Glencoe" as a trademark, Highland Titles is what ICO came back with. I had to search for the specific trade mark number to find the NTS registration.
[url= http://www.heraldscotland.com/news/13900005.Move_to_register_names_of_Glencoe_and_Glenfinnan_spark_concern_among_communities/ ]Seems you're not local enough.[/url] Accrued prior rights?
Arkell vs Pressdram seems to apply here.
As does nobheads vs common sense.
Highland Titles registered theirs before NTS and use the phrases Laird of Glencoe and Lady of Glencoe.
National Trust = Hitler Youth. Few years back they bought (hugely reduced) fishing rights on a local river. Then within 4 months sold a long term lease on said rights to a newly formed Trout Fishing Club.Hhmm!! Nearly all It's exclusive 15 members are all titled .... Rt Hon, Lord, MP, Doctor, Commander, etc etc. Membership is closed forever no-one can join the 15. Associate Members can join at 1500 per annum. This gives you restricted fishing areas (dedicated banks only). The 15 have no restrictions. Day members can buy a day permit 45 per day and fish even less banks than the Associate Members. So.., if a Dad /Mum would like to take Son Daughter fishing for a Sunday morning you can't now unless you pay 45 quid per rod! Not in keeping with the remit of keeping places available for everyone.
I can't stand seeing this type of thing going on in our country. NTS have turned themselves into villains right away.
Compare the letter contents posted by Matt OAB with the NTS quote from rene59's link - "our letter to Hilltrek was intended to open up negotiation to establish if the company had legal prior trading rights and clearly the wording and tone did not convey this."
Lulz
Translation: we paid an office junior to do a web search, cross-ref. with Whois and fire off a nastyogram; we weren't expected a backlash.
Rene59 remarkable outbreak of good sense on the part of NTS
Its not an outbreak of good sense - its a hasty scramble to try to prevent the reputation damage and their case is a load of nonsense anyway. shown them for what they are. amateur minnows trying to be pike
Its not an outbreak of good sense - its a hasty scramble to [s]try to prevent the reputation damage[/s] pull their keks back up to prevent any further embarrassment
It's not even a complete u-turn from NTS, they're quoted as saying 'We would be happy to enter into discussions to find a mutually agreeable arrangement'.
So they're still hoping to get something out of Hilltreks in other words 🙄
Beats me why you should be able to trademark a place name in the first place
There's only one way to resolve this- anyone know any Campbells?
We were just obeying orders.....
I'm intrigued - there are hundreds of products and companies called Glencoe. From carpets to ships, IT companies to joiners.
Are NTS threatening them all?
I guess the NTS aren't planning to make carpets or ships
Ok, so the plan is NTS will sell a jacket called a 'Glencoe'...
Or they'll allow someone else to do so - and charge them for the privilege.
Regatta according to stuff I read online. NTS have a deal with regatta to make branded clothing
OK I've reread the article and accept your point tjagain and 13thfloormonk
They might not be planning to make carpets but they've registered "Glencoe" for carpets and lots of other exciting stuff (incl whips, bird feeders)
Compare the letter contents posted by Matt OAB with the NTS quote from rene59's link - "our letter to Hilltrek was intended to open up negotiation
Quite. You don't "open up negotiation" with a solicitor's Cease and Desist letter.
STW get these all the time over posts on the forum and they all start the same way, "here's an out-of-the-blue legal treat." They all end the same way too.
If they'd asked nicely in the first place we'd probably have removed the post they were concerned about, but an opening gambit of 'all guns blazing' gets them referred to the aforementioned Arkell vs Pressdram test case.
A check on the legalities here - can somebody register a trademark in Scotland and then stop people who have been using it for years beforehand from using it? Law appears to be an ass if so - is there no concept of prior use?
STW get these all the time over posts on the forum and they all start the same way, "here's an out-of-the-blue legal treat." They all end the same way too.
Meh, i had one over my username on Ridemonkey 🙄
NTS Facebook page getting lots of comments.
Methinks actual reputational damage greater than imagined commercial gain. NTS may learn a valuable lesson - engage brain before engaging solicitor.
aracer - I don't think so. NOr can you register a placename either.
Just had NTS bloke and hilltreck owner on R4. NTS guy came across as a lot "corporate line". Unable to concede anything.
Is this not an exact repeat of the Specialized/Roubaix farce?
In that NTS are legally obliged to protect a trademark otherwise they lose it? I forget the legalities, but if I recall correctly you can't register a trademark and then just stand by and let others use it. Seems like the simple solution would be for the NTS to allow Hilltreks to use the trademark for free under license, or something.
If this is genuinely a case of the NTS wanting to muscle into the waterproof jacket market then that is pretty poor. I wasn't a member but probably would have become one sooner or later, not at this rate though!
NTS guy came across as a lot "corporate line". Unable to concede anything.
It's the job tho. Anything they say on national radio could be used as a stick to beat them with now or in the future in other legal issues.
On the plus side, it's a bit of free publicity for Hilltrek. I imagine they'll sell a few extra jackets this month.
