What a tragic way to make a living

Fri 26 Jul 2013, 22:58

I don't recall that Thomas Crapper ever had a problem with going generic.

Fri 26 Jul 2013, 17:36

Hi, Hannen, I was always told "No damage, no damages". Simple as that.

I come from a family of lawyers so naturally I hold them in the highest regard (!). The "jobsworth legal eagle" jibe was at pseudo-legal people, often with little or no legal training. Dick appears to be an ex-Systems Engineer with no mention of legal training or experience.

That may well explain his approach.

It seems to me that the world's most successful brands have little problem if their name is widely used, except in "passing off". Either they see value in the widespread use of their name, or they have given up a loosing battle. Portakabin seems to think differently.

My question is, do Portakabin actually know whether the loos in question are Portaloos or not? Have they done any research? I would love to find out that the loos at Riverside are actually their own :-)

Legally speaking, should people use the 'TM' sign when using trademarks? Whatever the rules, very few people do and few organisations seem to be bothered. As I said at the start, I presume "No damage, no damages" would apply anyway.

MikeW

Fri 26 Jul 2013, 16:07

So when my wife says to me "Can you hoover the stairs?" She has to add "That other vaccuum appliances are also available"!!

Fri 26 Jul 2013, 15:59 (last edited on Fri 26 Jul 2013, 16:02)

I have had "portaloo sunset" going round my head for most of the day thanks to this topic.

Fri 26 Jul 2013, 12:31

As a retired "jobsworth legal eagle" I struggle to see how this can be right. Advertising or selling a rival product using the registered trade name would be a clear breach, but that is patently (sorry for the pun) not what is happening here. Indeed, I cannot see how anyone could construe it as such, let alone a Court. On top of that, what is the quantifiable financial damage to Portakabin? None, so far as I can see.
Hannen.
(Retired solicitor, and former Deputy District Judge.)

Fri 26 Jul 2013, 11:56

Waterloo for the Portaloo*

Fri 26 Jul 2013, 11:03 (last edited on Fri 26 Jul 2013, 11:25)

Apparently "Dick" is for real :) according to Linked in he's been protecting their IP for 12 years tinyurl.com/nanetxd
Sounds like a s**t job to me. I bet he feels flushed when he finds someone has infinged their name so he can point out Urine the wrong.

Their WEB site even has a section covering it! www.portakabin.co.uk/portaloo-or-porta-loo.html

Portaloo or Porta loo?
Now and again you come across the word 'Portaloo' in a variety of different, but incorrect, spellings, such as 'Porta loos', 'Portaloos', 'Portal loo hire', 'Portoloo' or 'Port a loo'. We are regularly asked questions about this. As the only experts on this topic, we would like to clarify how our name should be used.

Portaloo is, in fact, a trade mark. Portaloo is part of Portakabin Limited and has been supplying high-quality portable toilet, washroom and shower facilities for hire and sales for more than 40 years. The name Portaloo was registered as a trade mark on 15 February 1966. Since that day, only portable toilet and shower units produced by the Portakabin group can be called Portaloo buildings.

Sometimes people use our company name and product names wrongly. As a pioneer in the development of relocatable and modular accommodation and as an international market leader in the industry, we always work hard to prevent this.

In short - Portaloo is a protected, exclusive trade mark that can only be used to describe the products of the company Portakabin Limited

Fri 26 Jul 2013, 09:35 (last edited on Fri 26 Jul 2013, 09:36)

Perhaps Portakabin might like to provide the Portaloos free of charge next festival,then there would be no doubt that they are genuine Portaloos

Thu 25 Jul 2013, 23:25

Good point. When did you last hear Coca-Cola - the world's most valuable brand - moan about people using the name Coke generically? The widespread use is a large part of the valuation of their intellectual property.

But who am I to say this? I'm sure Portakabin knows best.

Thu 25 Jul 2013, 23:17

Reminds me of a quirky Texas habit of asking if someone wants a coke, and when they reply in the affirmative, offering them a choice of 7-Up or Dr Pepper. It just is what it is ...

Thu 25 Jul 2013, 20:12

I'm tempted to do a screenshot of this conversation and Photoshop it!

Given the context, how apt that we are discussing Trademark Dilution.

And Dick, you may not be aware that the Riverside Festival is now in it's 18th year, completely free to attend and is only made possible by the blood, sweat and tears of Charlbury's residents.

I'd suggest you may have bigger fish to fry.

Thu 25 Jul 2013, 19:09

Feel free Richard. And, as I hear all too often, thanks for the opportunity!

Thu 25 Jul 2013, 18:37

Superb response, Mike. Mind if I xerox it?

Thu 25 Jul 2013, 16:24

Excellent

Thu 25 Jul 2013, 14:02 (last edited on Thu 25 Jul 2013, 14:09)

Open message to Dick Ellershaw.

Dear Dick,

I'm puzzled.

Shouldn't you be delighted that the term Portaloo* HAS become generic? After all, what is the first company most of us think of if we needed a temporary loo or building? Portaloo* and Portakabin*! (Please note, Dick, there is no need…

Long post - click to read full text

Thu 25 Jul 2013, 12:11

It's intriguing that a "portable toilet" can be part of someone's intellectual property. Thank you, Richard, for sharing.

Thu 25 Jul 2013, 12:02

(Received today via the site mail form:)

Hello there,

Use of the Portaloo trade mark
www.charlbury.info/events/2553

I have recently been made aware of the article on your website at the above link. In particular, that it contains a reference to the word "portaloo".

I am obliged to contact you to remind you that Portaloo is a European and UK registered trade mark of Portakabin Limited. As such, the Portaloo trade mark should only be used to refer to portable facilities that have been manufactured by Portakabin Limited. It is not a generic term.

The purpose of this message is to kindly request that you remove all references to the word "portaloo" from your website. On a more constructive note, could I suggest use of generic terms such as "mobile toilet", "portable toilet", "loo", "facilities" or "portable loo" as appropriate.

On the face of it, this may seem trivial, but it is very important to us as a business and we would be most grateful for your cooperation.

Regards
Dick Ellershaw
Intellectual Property Manager
Portakabin Limited

(I will admit to being tempted to change every single link on the navigation bar to 'Portaloo' in homage to Private Eye, but thought that might be a bit confusing for everyone else...)