Sun Jun 01, 2014 7:19 pm
Jupiter wrote:Forever Blue wrote:Jupiter, 100% correct my purpose of this protest is not commercial, its from my heart and love for our Identity![]()
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But I cant expect others to put time and money in and loose out and some need to be paid for their time as long as they are not ripping fans of![]()
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If you want to personally do what your posts suggest, this forum will support you![]()
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Seeing as I think it is better to have one protest shirt rather than several different styles, I'll buy one a couple. How do we order...sizes etc...?
Sun Jun 01, 2014 8:36 pm
Sun Jun 01, 2014 9:11 pm
Natman Blue wrote:Green Arrow wrote:Well done on infringing intellectual property rights.[/quote
lol
Sun Jun 01, 2014 9:21 pm
Grumpyguts wrote:Natman Blue wrote:Green Arrow wrote:Well done on infringing intellectual property rights.[/quote
lol
Chucky baby will probably grass on you.
I agree though go for it, I will buy one.
Sun Jun 01, 2014 11:09 pm
CjBluebird17 wrote:Green Arrow wrote:Well done on infringing intellectual property rights.
Shhh James otherwise you might get labelled as being negative and against returning to blue
Mon Jun 02, 2014 6:55 am
alfie sherwood wrote:I wasn't going to get involved in this thread but to avoid confusion I thought I'd clarify a few things:
First off, good luck to whoever is producing the shirt displayed in the original post. They've clearly put a lot of a time and effort into the project. It's hard work and time consuming.
Personally, I've been driving another 'alternative' shirt project for the past few weeks involving the supporters trust (they have their own bluebird logo which can be legitimately used) and other supporter representative bodies.
We've got full local media backing to publicise the launch and a major UK based supplier on board to handle the logistics. They will also help to promote the shirt launch nationally. We are also working in partnership with Ty Hafan and all of the profits from the venture will go to them.
We will have several designs to put before the fans in a poll and their favourite design will then be produced.
We anticipate that the shirt chosen by the supporters will be available to order in the next 2-3 weeks with delivery well in advance of the summer holidays. It will be available in kids/ladies and adult men's sizes.
Mon Jun 02, 2014 9:36 am
Mon Jun 02, 2014 1:07 pm
Bluebina wrote:alfie sherwood wrote:I wasn't going to get involved in this thread but to avoid confusion I thought I'd clarify a few things:
First off, good luck to whoever is producing the shirt displayed in the original post. They've clearly put a lot of a time and effort into the project. It's hard work and time consuming.
Personally, I've been driving another 'alternative' shirt project for the past few weeks involving the supporters trust (they have their own bluebird logo which can be legitimately used) and other supporter representative bodies.
We've got full local media backing to publicise the launch and a major UK based supplier on board to handle the logistics. They will also help to promote the shirt launch nationally. We are also working in partnership with Ty Hafan and all of the profits from the venture will go to them.
We will have several designs to put before the fans in a poll and their favourite design will then be produced.
We anticipate that the shirt chosen by the supporters will be available to order in the next 2-3 weeks with delivery well in advance of the summer holidays. It will be available in kids/ladies and adult men's sizes.
This is the option that should be supported
Mon Jun 02, 2014 9:06 pm
Mon Jun 02, 2014 10:55 pm
Mon Jun 02, 2014 11:21 pm
Red_Sea_Deep_Blue wrote:Can i ask,
why do we all supposedly support Cardiff City Fc come good or Bad, and are buying from an outside source as any money taken by the Club is used for the benefit of the Club for the masses, [ Us to watch football ] but the money taken by this shirt is going where, into some one elses pocket to make them a couple of quid.
Tue Jun 03, 2014 1:40 am
Red_Sea_Deep_Blue wrote:Can i ask,
why do we all supposedly support Cardiff City Fc come good or Bad, and are buying from an outside source as any money taken by the Club is used for the benefit of the Club for the masses, [ Us to watch football ] but the money taken by this shirt is going where, into some one elses pocket to make them a couple of quid.
Tue Jun 03, 2014 5:43 am
Jupiter wrote:The copyright is not water-tight. It is for a "black" bluebird, not a blue one as on this shirt.
Tue Jun 03, 2014 6:48 am
the other Bob Wilson wrote:Jupiter wrote:The copyright is not water-tight. It is for a "black" bluebird, not a blue one as on this shirt.
I think this recent judgement says this is not the case;-
"The relevance of colour to a mark registered in black and white but used extensively in a particular colour or colours
1. The judgement of the Court of Justice of the European Union ("CJEU") in Case C-252/12, Specsavers International Healthcare Limited and Others v Asda Stores Limited indicates that:
"Article 9(1)(b) and (c) of Regulation No 207/2009 must be interpreted as meaning that where a Community trade mark is not registered in colour, but the proprietor has used it extensively in a particular colour or combination of colours with the result that it has become associated in the mind of a significant portion of the public with that colour or combination of colours, the colour or colours which a third party uses in order to represent a sign alleged to infringe that trade mark are relevant in the global assessment of the likelihood of confusion or unfair advantage under that provision.
Article 9(1)(b) and (c) of Regulation No 207/2009 must be interpreted as meaning that the fact that the third party making use of a sign which allegedly infringes the registered trade mark is itself associated, in the mind of a significant portion of the public, with the colour or particular combination of colours which it uses for the representation of that sign is relevant to the global assessment of the likelihood of confusion and unfair advantage for the purposes of that provision."
2. The judgment concerns Community trade marks and proceedings under Community Trade Mark Regulation 207/2009. However, it is applicable, by analogy, to the interpretation of the corresponding provisions of the Trade Mark Directive, and therefore to the interpretation of national law implementing those provisions.
3. The CJEU judgment relates to the relevance of colour to a mark registered in black and white but used extensively in a particular colour or colours. It confirms that such use of colour may be taken into account as a relevant factor when considering the likelihood of confusion, detriment or unfair advantage being taken of the registered black and white mark.
4. The judgment also confirms that the established use of a later mark in a particular colour or colours may also be taken into account when assessing such matters in the context of infringement."
Sorry for the legal language used which can be difficult to interpret, but it seems to me that para 3 says that the badge on the shirt would be infringing the club's rights in the bluebird device mark.
I worked in the Trade Marks Registry for twenty years before I retired in 2009 and I know the guidelines at that time were that even though marks were registered in black and white, the owners of those marks also had rights in other colour combinations used unless they specifically limited themselves to a particular colour or combination of colours.
Tue Jun 03, 2014 8:16 am
El Tel wrote:the other Bob Wilson wrote:Jupiter wrote:The copyright is not water-tight. It is for a "black" bluebird, not a blue one as on this shirt.
I think this recent judgement says this is not the case;-
"The relevance of colour to a mark registered in black and white but used extensively in a particular colour or colours
1. The judgement of the Court of Justice of the European Union ("CJEU") in Case C-252/12, Specsavers International Healthcare Limited and Others v Asda Stores Limited indicates that:
"Article 9(1)(b) and (c) of Regulation No 207/2009 must be interpreted as meaning that where a Community trade mark is not registered in colour, but the proprietor has used it extensively in a particular colour or combination of colours with the result that it has become associated in the mind of a significant portion of the public with that colour or combination of colours, the colour or colours which a third party uses in order to represent a sign alleged to infringe that trade mark are relevant in the global assessment of the likelihood of confusion or unfair advantage under that provision.
Article 9(1)(b) and (c) of Regulation No 207/2009 must be interpreted as meaning that the fact that the third party making use of a sign which allegedly infringes the registered trade mark is itself associated, in the mind of a significant portion of the public, with the colour or particular combination of colours which it uses for the representation of that sign is relevant to the global assessment of the likelihood of confusion and unfair advantage for the purposes of that provision."
2. The judgment concerns Community trade marks and proceedings under Community Trade Mark Regulation 207/2009. However, it is applicable, by analogy, to the interpretation of the corresponding provisions of the Trade Mark Directive, and therefore to the interpretation of national law implementing those provisions.
3. The CJEU judgment relates to the relevance of colour to a mark registered in black and white but used extensively in a particular colour or colours. It confirms that such use of colour may be taken into account as a relevant factor when considering the likelihood of confusion, detriment or unfair advantage being taken of the registered black and white mark.
4. The judgment also confirms that the established use of a later mark in a particular colour or colours may also be taken into account when assessing such matters in the context of infringement."
Sorry for the legal language used which can be difficult to interpret, but it seems to me that para 3 says that the badge on the shirt would be infringing the club's rights in the bluebird device mark.
I worked in the Trade Marks Registry for twenty years before I retired in 2009 and I know the guidelines at that time were that even though marks were registered in black and white, the owners of those marks also had rights in other colour combinations used unless they specifically limited themselves to a particular colour or combination of colours.
That would appear to be clear cut.
Tue Jun 03, 2014 8:19 am
Forever Blue wrote:Jupiter wrote:Forever Blue wrote:Jupiter, 100% correct my purpose of this protest is not commercial, its from my heart and love for our Identity![]()
![]()
![]()
![]()
But I cant expect others to put time and money in and loose out and some need to be paid for their time as long as they are not ripping fans of![]()
![]()
![]()
If you want to personally do what your posts suggest, this forum will support you![]()
![]()
![]()
Seeing as I think it is better to have one protest shirt rather than several different styles, I'll buy one a couple. How do we order...sizes etc...?
The person himself is coming on here Thurs or Friday
Tue Jun 03, 2014 9:08 am
the other Bob Wilson wrote:Jupiter wrote:The copyright is not water-tight. It is for a "black" bluebird, not a blue one as on this shirt.
I think this recent judgement says this is not the case;-
"The relevance of colour to a mark registered in black and white but used extensively in a particular colour or colours
1. The judgement of the Court of Justice of the European Union ("CJEU") in Case C-252/12, Specsavers International Healthcare Limited and Others v Asda Stores Limited indicates that:
"Article 9(1)(b) and (c) of Regulation No 207/2009 must be interpreted as meaning that where a Community trade mark is not registered in colour, but the proprietor has used it extensively in a particular colour or combination of colours with the result that it has become associated in the mind of a significant portion of the public with that colour or combination of colours, the colour or colours which a third party uses in order to represent a sign alleged to infringe that trade mark are relevant in the global assessment of the likelihood of confusion or unfair advantage under that provision.
Article 9(1)(b) and (c) of Regulation No 207/2009 must be interpreted as meaning that the fact that the third party making use of a sign which allegedly infringes the registered trade mark is itself associated, in the mind of a significant portion of the public, with the colour or particular combination of colours which it uses for the representation of that sign is relevant to the global assessment of the likelihood of confusion and unfair advantage for the purposes of that provision."
2. The judgment concerns Community trade marks and proceedings under Community Trade Mark Regulation 207/2009. However, it is applicable, by analogy, to the interpretation of the corresponding provisions of the Trade Mark Directive, and therefore to the interpretation of national law implementing those provisions.
3. The CJEU judgment relates to the relevance of colour to a mark registered in black and white but used extensively in a particular colour or colours. It confirms that such use of colour may be taken into account as a relevant factor when considering the likelihood of confusion, detriment or unfair advantage being taken of the registered black and white mark.
4. The judgment also confirms that the established use of a later mark in a particular colour or colours may also be taken into account when assessing such matters in the context of infringement."
Sorry for the legal language used which can be difficult to interpret, but it seems to me that para 3 says that the badge on the shirt would be infringing the club's rights in the bluebird device mark.
I worked in the Trade Marks Registry for twenty years before I retired in 2009 and I know the guidelines at that time were that even though marks were registered in black and white, the owners of those marks also had rights in other colour combinations used unless they specifically limited themselves to a particular colour or combination of colours.
Tue Jun 03, 2014 9:25 am
Tue Jun 03, 2014 12:02 pm
Natman Blue wrote:the other Bob Wilson wrote:Jupiter wrote:The copyright is not water-tight. It is for a "black" bluebird, not a blue one as on this shirt.
I think this recent judgement says this is not the case;-
"The relevance of colour to a mark registered in black and white but used extensively in a particular colour or colours
1. The judgement of the Court of Justice of the European Union ("CJEU") in Case C-252/12, Specsavers International Healthcare Limited and Others v Asda Stores Limited indicates that:
"Article 9(1)(b) and (c) of Regulation No 207/2009 must be interpreted as meaning that where a Community trade mark is not registered in colour, but the proprietor has used it extensively in a particular colour or combination of colours with the result that it has become associated in the mind of a significant portion of the public with that colour or combination of colours, the colour or colours which a third party uses in order to represent a sign alleged to infringe that trade mark are relevant in the global assessment of the likelihood of confusion or unfair advantage under that provision.
Article 9(1)(b) and (c) of Regulation No 207/2009 must be interpreted as meaning that the fact that the third party making use of a sign which allegedly infringes the registered trade mark is itself associated, in the mind of a significant portion of the public, with the colour or particular combination of colours which it uses for the representation of that sign is relevant to the global assessment of the likelihood of confusion and unfair advantage for the purposes of that provision."
2. The judgment concerns Community trade marks and proceedings under Community Trade Mark Regulation 207/2009. However, it is applicable, by analogy, to the interpretation of the corresponding provisions of the Trade Mark Directive, and therefore to the interpretation of national law implementing those provisions.
3. The CJEU judgment relates to the relevance of colour to a mark registered in black and white but used extensively in a particular colour or colours. It confirms that such use of colour may be taken into account as a relevant factor when considering the likelihood of confusion, detriment or unfair advantage being taken of the registered black and white mark.
4. The judgment also confirms that the established use of a later mark in a particular colour or colours may also be taken into account when assessing such matters in the context of infringement."
Sorry for the legal language used which can be difficult to interpret, but it seems to me that para 3 says that the badge on the shirt would be infringing the club's rights in the bluebird device mark.
I worked in the Trade Marks Registry for twenty years before I retired in 2009 and I know the guidelines at that time were that even though marks were registered in black and white, the owners of those marks also had rights in other colour combinations used unless they specifically limited themselves to a particular colour or combination of colours.
Thanks for explaining that. I had my concerns I just hope the person(s) producing them realise the mistakes they could be making before it gets serious for them
Tue Jun 03, 2014 2:51 pm
Nuclearblue wrote:Tbe club take away our traditional colour and badge. So the fans produce a traditional shirt of there own. What is wrong with that ?
Good on the guy. If you dont like dont buy simples really.
Tue Jun 03, 2014 5:49 pm
Tue Jun 03, 2014 8:43 pm
Tue Jun 03, 2014 9:09 pm
Wop wrote:Cut all the political bullshit. You like = you buy, you dont like = dont buy . Really is that simple. Sure the guy making these must have thought about any problems before going ahead with it.
Tue Jun 03, 2014 11:07 pm
Forever Blue wrote:Nuclearblue wrote:Tbe club take away our traditional colour and badge. So the fans produce a traditional shirt of there own. What is wrong with that ?
Good on the guy. If you dont like dont buy simples really.
Spot on Nukes![]()
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Tue Jun 03, 2014 11:50 pm
Thu Jun 05, 2014 7:14 am
Thu Jun 05, 2014 7:18 am
7Summit wrote:Yes, the badges look nothing alike and totally different logos, and one is tilted at least 5 degree. Dont se what any replica shirt has to do with anything with the listing below, but what the hell right. The burger flipper have wagered to cover the legal bills anyways since he is right, so no worries there neither. The good old risk to ratio preachThe name Blubird/bluebirds have the same protection, but its only a bird right.
Thu Jun 05, 2014 7:22 am

Thu Jun 05, 2014 11:02 am
Thu Jun 05, 2014 12:08 pm