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Kevin,
Maersk is the largest shipping company around, I believe. It is family
owned, based in Denmark, and the only Dutch company bigger than Lego.
This work of art should be protected by the same laws that would allow
political satire of public figure or company.
I believe that they are basically just trying to bully you. Many large
companies will have their legal staff send out a letter asking somebody to
stop doing XYZ, even though they may have the legal right. Most times, that
works and it allows a large company to use their full time legal staff to
push around smaller entities that do not have legal counsel on retainer.
If they persist, just resist a bit and get some media attention. Bad press
is the trump card that shuts up the bullies.
Just my opinion and I am not a lawyer.
Mike Poindexter
PS: Tell them you will gladly take it down if they will get you a dozen of
the Maersk Lego sets!
Kevin Loch <kloch@opnsys.com> wrote in message news:FoyMEH.E9G@lugnet.com...
> Consult a local Intellectual Property Lawyer. Laws vary from place
> to place and you need professional advice and counsel.
>
> However, my opinions:
>
> I'm assuming they hold a valid trademark for that name in your country.
> Even so, unless it's sufficiently famous (I've never heard of that name)
> or they make boats I doubt they have any legitemate claim against you. • You
> might advise them that your work constitutes artistic expression and is • not in
> any way (expressley or implied) meant to confuse consumers with their use • of
> the mark. They might try to claim "tarnishment" but that would be quite a
> stretch.
>
> I'm not familiar with the name, but if It's a fictional name you might • state
> a disclaimer on the page stating so, and that it is of no relation to the
> trademark. If it's an historical scene you were recreating then you might
> include some historical caption on the page to clue them in.
>
> My guess is that they don't really care, but the are obligated to request
> that you take it down.
>
> KL
>
> In lugnet.publish, Anders Isaksson writes:
> > Today I received an e-mail from 'MAERSKINFO' in Copenhagen.
> >
> > <quote>
> > Referring to your web page on http://user.tninet.se/~hbh828t/povsink.htm
> > we neither warrant nor represent that you use our name on your
> > homepage. Please remove any use of the MAERSK name on your web site
> > and confirm that you agree.
> > </quote>
> >
> > Can they really enforce this? I mean, I have built a (virtual) boat model
> > right out of the LEGO idea book, and then made a rendering of it, • sinking. So
> > what's more natural than calling it 'The Sinking of Regina Maersk'?
> >
> > Do they have a trade-mark on the boat name? (I checked, there exists a • ship
> > today called R.M., it's the worlds largest supertanker - they say)
> >
> > Ideas anyone?
> >
> > --
> > Anders Isaksson, Sweden
> > BlockCAD: http://user.tninet.se/~hbh828t/proglego.htm
> > Gallery: http://user.tninet.se/~hbh828t/gallery.htm
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Message has 1 Reply:
 | | Re: Can they do like this?
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| (...) Maersk is kind of tangled, nationality wise(1)... but TLG is Danish, not dutch. Still, Maersk is bigger than TLG and is based in Denmark, so I'm just nitpicking, not disagreeing. Quoting: The A.P. Moller Group, whose headquarters are at (...) (25 years ago, 26-Jan-00, to lugnet.publish, lugnet.general)
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Message is in Reply To:
| | Re: Can they do like this?
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| Consult a local Intellectual Property Lawyer. Laws vary from place to place and you need professional advice and counsel. However, my opinions: I'm assuming they hold a valid trademark for that name in your country. Even so, unless it's sufficiently (...) (25 years ago, 26-Jan-00, to lugnet.publish, lugnet.general)
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