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Intellectual Property Law

: IPKat

Liverpool v Liverpool

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

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Not wishing to be the Kat among the pigeons, the IPKat has been advised by his friend Ben Wilkinson that a cute little spat has arisen over the application of the mighty Liverpool Football Club to register the Liverbird element of its famous badge as a United Kingdom trade mark for goods in Classes 6, 14, 16, 18, 31 and 25 in the face of opposition from local politicians. The application can found here.

Clickliverpool has published a news item which begins with a horrendous solecism in its title "Liverpool FC to copyright Liverbird?" It then goes on to report on the objections raised by Liverpool City Council to what it sees as the misappropriation of a symbol of the city that is used by hundreds of other organisations, charities, voluntary groups and sports clubs. The football club is unrepentent, pointing out that it loses millions a year in counterfeit sales and that it is only seeking to register the Liverbird in the form that appears on its crest.

The IPKat can see both sides of the dispute, but wonders even so whether it is right to allow registration. If the bird is represented in many different forms, and Liverpool's registration covers it in respect of uses of similar marks as well as the identical mark, it is bound to tread on the toes of other legitimate users or inhibit their own brand extension activities, but if protection is not granted against the unauthorised use of similar marks it probably won't be much good. Merpel says, I see that Liverpool FC is seeking to register the mark for "trophies" in Class 14. Wishful thinking?

The liver bird here

The Liver Birds here
More Liver Birds here

Full post as published by IPKat on November 18, 2008 (boomark / email).

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