It can only be America.

An absolute farce. Whilst it is one of the many lands of opportunity, the USA exhibits symptoms of stupidity as well.

PS: seeing the mug and t-shirt design, how long will it be before Transport for London (London Underground) start writing nasty letters too. Oh, hang on, they are leaders in transport, not Americans trying to make money out of a British invention that has saved countless mariners lives.

Best do a Michael O'Leary and tell them to f*** off...
 
In a case like this, a trade mark claim only protects the most exact copies, as though you took a photo and reproduced it. Given the history of the mark, it might go to court once and that would be the end of it. More likely, GCaptain should seek legal advice and then ignore the frivolous claim. This happens with trademarks all the time. A polite letter explaining the history of the mark should do the trick. Any judge would laugh.

In general, a trade mark is considered strong when it is novel. For example, Standard Oil was well recognized, but Exxon, being a made-up word, can only be copped with intent to deceive. There are a number of Northern or Eastern oil companies in the US; there is no trademark disputes even if they both register, so long as the image is slightly different.

Remember that patents and trade marks in the US are only what we call a "hunting license." It is up to the company to defend them in court, and unless claim is strong, the courts toss such claims aside by the thousands, mostly without a day in court. In effect, the patent and trademark office has subcontracted validation to the courts.

It's really only silly because lawyers make it silly. This one is silly and should be treated as such.
 
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Fair point. Hiweve, the fact that gCaptain recieved a cease and desist lette seems to show, the company is trying it's luck. Perhaps they hope that targeting a relatively small outfit as a start will set a precident for other courts to follow?

We shall have to wait. In the meanwhile I forwarded the article to Maersk in the anticipation that Maersk have more and better laywers than the plaintiffs.
 
Their claim has nothing to do with use on ships and only relates to use on clothes and novelty items, where it is not serving its normal purpose. But like trademarking an image of the sun or a compass rose, it only applies to an exact, precise copy of an original piece of artwork, intended to fool the buyer. In this case, there can be no intent to fool anyone, since the artwork isn't original; and is not intended to fool anyone.

A frivolous action that should be answered with a well thought out but firm letter.
 
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