by brian (angel Isle) » Wed Apr 08, 2009 8:39 pm
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)