Originally posted by Dans:
<strong>That's well out of order - she'll want them to pay her next if she let's them use
their name at all.</strong><hr></blockquote>
what i am going to say may upset those who post here, but sorry, if you know what trademark law is all about (it's common sense approach too!), you would have a different prospective in the whole 'posh' argument. And in my humble (but more knowledgable in that area!
) opinion, she is fighting the battle with cause and justification.
The registration of trade mark for one's 'exclusive use' is not as simple as you folks think. If Peterborough is allowed to registrated 'posh' or 'the posh' as thier trade mark, what then happens is, victoria is no longer allowed to use 'posh' or arguably 'posh spice'in the future in any marketable products UNLESS she got the 'licence' or consent from Perterborough Utd. (or the owner of that trademark name). Is that result fair to Victoria? Or to others who has used the name 'Posh' as thier product/brandname for a 100 years for example??
Besides, before this case comes up, honestly, have you (an average man in the street, even a football fan!) ever known 'posh' is the nickname of Perterborugh FC? Ask yourself: What is your immediate reaction if you see some merchandise off the street bearing the 'brand' 'posh' (even it is on shirts, caps, scarfs. and football related)? Would you relate it to 'peterborough utd.' or 'posh, the footballer's wife'?
Ask anyone in the street in UK, you know what the answer is. Moreover, ask anyone in the street in NY, in Chicago, in Japan..... you can guess what the answer would be! Have a think about it, who has 'more right' to claim 'trademark' of the name 'posh'!!!
Just hypothetically, imagine, if your home club has used a nickname 'Jaguar' for 200 years, do you think you can claim and register 'Jaguar' as your club's trademark OVER the carmarker (who might have only been in existence for 80 years?)??? Dont think so!
Having said all that, i am not taking a stance for one or the other. But just wish to make a point: her objection is legitimate and well advised (whether you like her as a person or not!)It needs to be argued who has more right to claim 'exclusive use'!! Maybe neither of them has such right! But you need another forum to argue that.