Everton FC in battle with village farm shop over its name

[Khalekan]

On the off chance Mr. Elstone is reading this, get m'learned friends on the case here......the Everton Girl's School in Belfast.


https://www.facebook.com/permalink.php?story_fbid=152821138086245&id=148780655158212



We can't have them pinching our trademark

 

[Huyton Layne]

Found a couple more places for us to shut down. A school in Missouri and a church in Arkansas. Will be forwarding this information to our crack legal team

 

[zandvoort blue]

On the off chance Mr. Elstone is reading this, get m'learned friends on the case here......the Everton Girl's School in Belfast.


https://www.facebook.com/permalink.php?story_fbid=152821138086245&id=148780655158212



We can't have them pinching our trademark

least we know where the CEO and team are spending their energy and 'other operating costs' on now

 

[GrandOldTeam]

Because the shop is located in Everton, they can argue that the use of the word is descriptive and therefore fair use.

The club would only have a copyright case if the product/business could foreseeably be similar or confused with the actual copyright holder. "Everton Farm Shop", I'd suggest, would not fall under that category.

Hence their request to change the words size/font so they're consistent;

The Premiership club, founded in 1878, have offered Ms Troop a settlement where she can continue to call herself Everton Farm Shop as long as all the words are in the same size and font.

Fair, small request IMO.


Everton will back down because of the PR headache - she knows it, and has took the opportunity to go public for some promotion.

 

[AndyC]

** shake head is total disbelief **

I wonder what that son of Doncaster Ian Snodin thinks of this ???

 

[canuckblue]

Hence their request to change the font of the word Everton, or bring the rest in line.

The Premiership club, founded in 1878, have offered Ms Troop a settlement where she can continue to call herself Everton Farm Shop as long as all the words are in the same size and font.

Fair request IMO.

Everton will back down because of the PR headache - she knows it, and has took the opportunity to go public for some promotion.

It's a specious request. If there were overt links to the club -- say a couple of small Rupert's Towers or if the logo was all blue -- then maybe. But once again the club has brought on a PR headache when there are clearly bigger priorities than this.

 

[Ruairi77]

I'm no expert, but it would seem foolish for the Club to not protect its trademark.

Everton have been reasonable;



By allowing her trademark 'Everton', would there be potential implications in the future?

What?? are you being serious? It's not like it's the Everton FC Farm shop. This doesn't strike me as a covert operation to sneak in and cream profits off the Everton FC brand. It does seem like a complete waste of time and money as well as a bad PR own goal on the clubs part.
Also, why do they not allow use of the club crest on here? have they given a reason, again, seems shortsighted to me.

 

[chicoazul]

I think we should be open to new Evertons and rent a bus to visit the Everton farm shop one Saturday afternoon soon.

We can pretend the carrots are Deulofeu are get up off our seat as soon as someone picks one up, berate the sweet potatoes as Howard and appoint the Beetroot as Lukaku where upon 50% of us will shout down the others ear that it's lazy and not moving enough.

 

[blue4eva77]

I think we should be open to new Evertons and rent a bus to visit the Everton farm shop one Saturday afternoon soon.

We can pretend the carrots are Deulofeu are get up off our seat as soon as someone picks one up, berate the sweet potatoes as Howard and appoint the Beetroot as Lukaku where upon 50% of us will shout down the others ear that it's lazy and not moving enough.

No

 

[Brendan Janus]

Mr Magoo ordered the battle to commence !!

 

[chicoazul]

No

I forgot to mention that it's a strictly no wool coach so you wouldn't qualify anyway lid.

 

[Tubey]

Hence their request to change the words size/font so they're consistent;

The Premiership club, founded in 1878, have offered Ms Troop a settlement where she can continue to call herself Everton Farm Shop as long as all the words are in the same size and font.

Fair, small request IMO.


Everton will back down because of the PR headache - she knows it, and has took the opportunity to go public for some promotion.

Which is presumably why this is off the radar:

But it doesn't make sense and they have no legal ground to say that using the place name as a descriptor has to be in a different size font for emphasis. It is a Farm Shop in Everton, so they can call it as such. If they want to make the place name the focus of their business, they have every right to do so I believe.

It'd be like telling the New Forest District Council to make this Everton sign have "Everton" in smaller or equal sized case to "Please drive carefully".

Protecting copyright is obviously fine, but it has to be appropriate and not just random nonsense hitting everything to do with the word. If someone was using a name/slogan that was copyrighted for financial gain that had no relevance to the business at hand - for example, if someone called something "Everton Shirts" and it was based in Kirkby and sold football tops - then it'd be copyright infringement as you're hurting the brand. If it were "Everton Shirts", based in Everton that sold mens T-shirts, then it's a different story.

 

[GrandOldTeam]

The media portray it as a big bad football club taking on a small business.

In reality, the clubs retained legal team will be flagged of any trademark with 'Everton' and have made a small, reasonable request to make 'FARM SHOP' the same size as the word 'Everton'.

This small business as a point of principle has said no, and has then leveraged a small victory to promote themselves. Why else stand there with a football posing for the media?

"Is this what Elstone is doing?"
"Is this what the club are focussing on?"

Moan, moan, moan. No. It's a retained legal firm doing their job. Protecting the clubs trademark.

 

[KUEFC09U2]

The media portray it as a big bad football club taking on a small business.

In reality, the clubs retained legal team will be flagged of any trademark with 'Everton' and have made a small, reasonable request to make 'FARM SHOP' the same size as the word 'Everton'.

This small business as a point of principle has said no, and has then leveraged a small victory to promote themselves. Why else stand there with a football posing for the media?

"Is this what Elstone is doing?"
"Is this what the club are focussing on?"

Moan, moan, moan. No. It's a retained legal firm doing their job. Protecting the clubs trademark.

Add in to that if the club own the font used then they would have to contest this in order to protect it, as I just found out on another forum...

 

[Donald Twain]

I think we should be open to new Evertons and rent a bus to visit the Everton farm shop one Saturday afternoon soon.

We can pretend the carrots are Deulofeu are get up off our seat as soon as someone picks one up, berate the sweet potatoes as Howard and appoint the Beetroot as Lukaku where upon 50% of us will shout down the others ear that it's lazy and not moving enough.

I'll turnip for that!