Copyright Trademark Name Claim

[huntingross]

I've been doing a little research into this, used by Irene Gravenhorst to excellent effect.

Both copyright and trademark can be used without registration, simply declaring it is sufficient, wikipedia have excellent depth on both topics...the UK law on copyright may not be as good as other countries as it has to require 'skill, labour etc.' but that is definition again.

She is the Creditor and the Agent with full authority and Author of the CAPS name.

When someone writes to her using her capitalised name she sends them a registered notice and a user agreement, as far as i understand it, any further infringement goes against the user agreement and the penalty she stipulates in the notice or agreement (not sure which yet) becomes due. The infringement is a copyright trademark infringement.

This means the infringer (if that's a word) is in contract with her, she has contracts with judges, lawyers, banks, credit cards and so on...she is owed alot of money from these people, and every subsequent infringement racks it up.

Apparently, she can't get the money out of the judges because the insurance companies wont touch them now, which seemingly will make it difficult for them to renew their contracts...that has to make them sit up and take notice.

Hope this helps

It seems so answer my 'abjure' problem...i wont be going down that route...i'm very much alive in both worlds.

[huntingross]

Found an interesting document on ' Signing Without Liability ' - click on the PDF link when you get to my page

http://sites.google.com/site/markjennin ... name-claim

[Andrew]

Maybe im dumb, i dont understand copyright at all to be honest,
What would the infringement be? if i copyright my MR A J BUXTON what does it do? Sorry im lost lol

[huntingross]

You're protecting the title etc...in this case a name - your legal entity name...

The Notice and User Agreement are important parts of the copyright and trademark principle.

Check the Irene Gravenhorst video...

http://video.google.com/videoplay?docid ... 4082656820

[Veronica]

Yes, well, I got this far.

What's the User Agreement?

You see ... we always end up in a cul-de-sac.

[huntingross]

Irene Maus explains the process in her video, but the wording of the User Agreement is still a mystery to me, but hopefully not for much longer.

When someone writes to your copyright name, you send them a registered Notice stating the infringement and the level of penalty for further digression, at the same time you issue your User Agreement which contracts them with you.

The wording must have light feet, because I figure it must restrict them from using your copyright name.....but why would they accept the User Agreement terms....??

Seemingly she has this bit sorted because many people (infringers) owe her money for subsequent infringements.

She likens it to ticking the box on the internet where it says "I accept the terms and conditions"

[brian (angel Isle)]

Contracts form three stages, "offer," "consideration" and "acceptance." If you make an offer to contract it is up to the other party to consider your proposal and then either accept or refuse the offer. If that party shows any form of "acceptance" to the original "offer" the contract is finalised and you can prove acceptance, whereby any breach can lead to damages.

If she warns them and makes an "offer," their acknowledgement or response, other than a direct refusal is unimportant as any continued use of her name there-after shows their acceptance to the original offer. However, just because you claim they breached your contract, making them, or the courts accept that claim and pay you any money is another matter entirely and would likely never be accepted by the courts or thrown out by the judge. (Their rules were only mean't to work for them.)

In the UK you can't copyright a name, per say. You can register it as a trade mark, but to do that you have to use the process of application, submission etc, which renders that name the property of the UK government, just the same as the birth certificate entity. (Sort of defeats the purpose somewhat.)

You can use a similar process without copyright, known as "conditional acceptance."

When someone, anyone makes you an "offer" you can agree to accept based on certain conditions, (those conditions being whatever you deem satisfactory based on the offer.) For instance, when I signed up with Be broadband, one of my conditions were that they provided written documentation of all their terms and conditions before the contract began, which they failed to provide, so in failing to comply neither their terms nor the original agreement were fulfilled and the contract is “breached.” However if I then continue using Be without pursuing the breach I show continued acceptance and the courts would rule my claim invalid. So basically it’s no good making a claim if you; 1) cant prove your claim and; 2) you are not willing to take that claim into court to defend or uphold it.

The trick is to stay as far away from court as possible, but when push comes to shove then you use their laws against them so that to prove your claim invalid means they either have to prove that the law is a farce, or prove that any similar claims, made by the establishment, are equally invalid, whereby you just got a judge “on record” to prove they have no claim on you either.

Brian (Angel Isle)

[huntingross]

Trademark (TM) is common law, a Registered Trademark (R) is commerce...so TM is established because i claim it.....very simple

Copyright can also be claimed under common law in the UK, but the UK has suggested a single name is unlikely and that 'skill' should be involved, that sounds a little subjective....i would leave it to the other party to argue that....

Irene has the evidence of breach because the breach will be delivered to her by hand or post, either way it makes proof pretty easy....I believe she went to the Hague to moneytarise some debts just recently.

On the face of it, i still think this sounds effective way of 'keeping the parasites off' as my roving contact has informed me.

[huntingross]

Just back from holidays and my roving contact has returned home also and I find a User Agreement in my inbox...the format looks a little wonky (software probably) and the jargon looks a little US, but the basis seems to be :

You have infringed once, further infringements will be pursued with extreme prejudice, and this User Agreement is not negotiable....so they don't need to sign up to the Agreement, but should they infringe again they are bound by the terms of the contract.

I shall post it when I have ironed a few bugs....so to speak.

[Veronica]

This is all excellent stuff. Thanks everyone for their efforts.

I agree the Broadband example would fail if the Broadband were subsequently used.

I also to some extent agree that it may not be worth doing unless one follows through.

On the other hand, combining it with other things may very well be a solution.

For example:

1. You get a demand.
2. You write back one of our standard Rebuttal Templates, but you also send a User Agreement for your Legal Fiction Name.
3. Now, if they eventually take you to court, you can claim Common Law jurisdiction AND make a counter-claim for the Legal Fiction Name infringements. (On the basis that you were prepared to waive your Rights to the Claim commensurate with them waiving their Demands on you)

How about using it that way?