Use of images and logos within this site

This morning I receieved an email from my hosting company about an infringement of copyrighted material.

The full email is below with contact details removed. You dont need to read it unless you wish, however you need to take care with images used as logos, images uploaded on to the website just as much as you do with what you say.

I have removed the item which I believe to have been done in error and without knowing it was a registered design.

Any questions get in touch

Thank you

Mark Gabriel.
“without prejudice”   


19th April 2010

Dear host-it.co.uk T/A Nuco Technologies Ltd,
Nuco Technologies Ltd
Unit 1 Northampton Science Park
Kings Park Road
Northampton
Northamptonshire
NN3 6LG
GB

YOU QUOTE ON YOUR SERVER:

http://www.host-it.co.uk/legal/terms_and_conditions.htm

Indemnification
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement,

Lawful Purpose
Host-it reserves the right to refuse service to anyone. Customers may only use our server/s for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material,
            
Cease and Desist     

Rights of the Registered Owner of a Registered Design.

May i bring to your attention “without prejudice” of a legal matter of a image being hosted on your server this image uploaded by http://www.rolling-maul.com / webmaster.

This Cornish Pirates Press Gang supporters club logo is blatantly copied and adapted from my distinctive style original registered design logo graphic design pattern especially based on a back drop of the cornish st piran flag, of which is a registered design.

"Please be aware" With Good Intent you are hosting a infringment of my Intellectual Property rights graphic design logo pattern Trademarks which are being used by ...
Robin Dewson
Fat-Belly.Com Ltd,80 Woodland Drive
Bromham
Bedford
Beds
MK43 8LA
GB
on there website space "Without My Permission" http://www.rolling-maul.com/uploads/42/bus_bagas_300_sponsor.jpg
Now Notified But Originally unknown "as I am the “author” the person who created the Cornish Cornwall pirate logo's, graphic designs, based on a pirate bandana skull and crossbones superimposed over the back drop of the cornish st piran flag the union. i.e. the graphic design / (The work) Date as of which design registered 18th June 2008. REGISTER ENTRY FOR DESIGN NUMBER 4008057 At the IPO including the colour black which covers all colours are registered for this particular design.

“Your server is illegally hosting a infringment / modification of my registered design which is against the law" The Copyright, Designs and Patents Act 1988"
ie " The Cornwall pirate bandana logo, graphic design," you have no permision from me the “author", I am demanding that you cease all promotion and advertising through your server forwith of this infringement my Cornwall pirate logo's, graphic design immediately. This is a design infringement of my legal rights and Nuco Technologies Ltd, are aiding and abetting by hosting a infringement of my registered designs, by allowing this to be uploaded via rolling-maul.com / Webmaster onto there website through your server. I am demanding that you cease all promotion of the Cornish Pirates Press Gang supporters club logo immediately from your server.

"PLEASE REMOVE"

Domain servers in listed order:
ns3.srv.host-it.co.uk 194.150.252.53
ns1.srv.host-it.co.uk 194.150.252.51
ns2.srv.host-it.co.uk

Registered at the IPO http://www.ipo.gov.uk/ The Cornish Pirate Skull design series from designs North Cornwall Flags and flyers

Regards and good faith
Mark Gabriel



Please Read The Following...

Penalties for Copyright Infringement /

http://www.ipo.gov.uk/consult-gowers36.pdf


6. The Gowers Review examined the

Penalties for a copyright offence:

“The penalty for a copyright offence

Depends on whether the infringement

Occurred online or not. In relation

to those who commercially deal

in infringing goods or those who

Distribute goods other than in the

Course of business to an extent which

Prejudicially affects the rights holder

The maximum penalty is ten years

Imprisonment. In contrast, those

who commit online infringement by

Communicating the work to the public

(Whether commercial or otherwise)

May be sentenced to up to two years

Imprisonment. Finally, the commercial

Showing or playing in public of a work

Carries a maximum of six months

Imprisonment or a level five fine.

“Prison is, and will remain, the right

Place for the most serious offenders.

Custodial sentences, and therefore

Prison places, must also be available

For less serious offenders when

Other measures have failed or are

Inappropriate.”



10. Copyright offences are usually

Committed for financial gain, and

The illegal profits can be substantial.

However the CDPA 1988 currently

Restricts any fines awarded by the

Magistrates’ courts to the maximum of

Level five fines (£5,000).

“Copyright infringement is a serious

Economic crime. It is important

That the penalties available are

Proportionate to the harm caused to

UK industries and that they act as an

Effective deterrent. For this reason

We intend to consult on introducing

Exceptional summary maxima (above

£5,000) in the Magistrates’ Courts

for offences of online and physical

Copyright infringement.”



20. THE ENFORCEMENT FRAMEWORK

England and Wales

The Copyright, Designs and Patents

Act 1988 specifies a number of

Offences for copyright infringement:

• s.107 – criminal liability for making

Or dealing with infringing articles

Etc;



22.In 2006 The Magistrates’ Courts sentenced

69 offenders under ss.107and 198 of

The Copyright, Designs and Patents

Act 1988, a slight increase on the

Previous year, with 16 cases dealt with

By the Crown Court.



Designs Full Details
REGISTER ENTRY FOR DESIGN NUMBER 4008057
                         MULTIPLE GROUP ID 20080620002

Date of Application. 18th June 2008



Date as of which design registered 18th June 2008
[View Image(s)]
Certificate of registration granted 8th August 2008

Renewal Due Date 18th June 2013

Product in respect of which design registered:
        'Graphic design                                              '

Edition       Pri. Class'n First Duplicate Second Duplicate Third Duplicate
07 At Issue 99-00 26

Name(s) and Address(es) of Proprietor(s):
          ADP NUMBER: 00071993001

          Mark Anthony Gabriel
          4 Monument Way
          Bodmin
          Cornwall
          PL31 1NZ

Address for Service
          ADP NUMBER: 00071993001

          Mark Anthony Gabriel
          4 Monument Way
          Bodmin
          Cornwall
          PL31 1NZ


                          ** END OF REGISTER DETAILS **                   




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Registrant:
Robin Dewson
Fat-Belly.Com Ltd,80 Woodland Drive
Bromham
Bedford
Beds
MK43 8LA
GB
phone: +44.08701651300
domainadmin@host-it.co.uk

Domain Name: rolling-maul.com

Administrative Contact:
Domain Admin (AJ00008-TR)
Nuco Technologies Ltd
Unit 1 Northampton Science Park
Kings Park Road
Northampton
Northamptonshire
NN3 6LG
GB
phone: +44.8447451300
fax: +44.8447451303
domainadmin@host-it.co.uk

Technical Contact:
Domain Admin (AJ00008-TR)
Nuco Technologies Ltd
Unit 1 Northampton Science Park
Kings Park Road
Northampton
Northamptonshire
NN3 6LG
GB
phone: +44.8447451300
fax: +44.8447451303
domainadmin@host-it.co.uk

Record updated on 29-Mar-2010
Record expires on 26-Apr-2012
Record created on 26-Apr-2003

Domain servers in listed order:
ns3.srv.host-it.co.uk 194.150.252.53
ns1.srv.host-it.co.uk 194.150.252.51
ns2.srv.host-it.co.uk


Registration Service Provider:
Nuco Technologies Ltd, domainadmin@host-it.co.uk
Phone: +44.08447451300
www.host-it.co.uk
This company may be contacted for domain login/passwords,
DNS/Nameserver changes, and general domain support questions

Although legally correct - how very very sad !!!!!

Ha ha! Heaven forbid additional brand exposure for a rugby club on a rugby forum. The implications are terrible - it might whip up more supporters, more travelling away fans and more online sales! Quick, get legal with them now!!!

That kind of over-protective zealous attitude is entirely counter-productive in today's internet age of syndicated and distributed content. I'm guessing the person in question still thinks viral content needs treating by a doctor...

His logo seems to be registered for his flag business, and it seems to me that he's trying to throw his weight around to get more attention or cash. The claim surrounds the use of a skull rather than a pirate, and that's where the press gang logo rather than the pirates one seems to conflict.

Robin it is good of you to take the time to sort things out, especially as you must have other priorities at this time.

Its a sad old world some people live in