So Many® Mistakes at Bakker.com

By -



Bakker is a vendor of plants that operates online and by mail order.  The company annoyed me some years ago by sharing my details with third parties without my permission.  People who buy plants by mail order are quite an attractive demographic and so it's a nice little sideline for the company.  I ended up getting a lot of junk mail as a direct result of this and I eventually traced it back to Bakker.  I was in the market for some plants today and so I e-mailed to the company just to make sure that their practices had since improved.  The reply I got was not conclusive enough to make me part with my money.

While there I noticed some very nice clematis that go by the name of So Many®.  I was struck by the registered trade mark symbol.  It is unlikely that such a trade mark would be registered in Ireland since it is merely descriptive.  It is actually an offence in Ireland to use this symbol for a mark that is not registered under Section 94 of the Trade Marks Act.

94.—(1) It shall be an offence for a person—

 (a) falsely to represent that a mark is a registered trade mark, or

 (b) to make a false representation as to the goods or services for which a trade mark is registered,

 knowing or having reason to believe that the representation is false.

 (2) For the purposes of this section, the use in the State in relation to a trade mark—

 (a) of the word “registered”, or

 (b) of any other word or symbol importing a reference (express or implied) to “registration”,

 shall be deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in the State and that the trade mark is in fact so registered for the goods or services in question.

 (3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,000 and, in the case of a continuing offence, to a further fine not exceeding £100, for every day on which the offence continues.

I was busy composing a polite e-mail to the company when the reply to my earlier e-mail arrived.  I didn't bother sending it.  Perhaps I should e-mail the Garda instead.


Comments

Post a Comment

Popular posts from this blog

Planned App-solescence

By -
Image
My iPhone 3 is like a penis that has lost a few inches.  It was once very impressive and I was so proud of it.  I relished every opportunity to whip it out of my pants and show if off to admirers.  And they were many.  But now not so much. Other men’s are much more impressive these days, and I have had to console myself with the knowledge that although mine isn’t as impressive as it used to be, it’s still perfectly fine and meets my needs. That was until recently. A few of my favorite apps no longer work.  FourSquare was the first to go.  But that was a bit of harmless fun and was no great loss.  Next went Skype.  That was a huge loss.  Even, audio-only Skype was really useful.  I found it so useful that I even switched to a network that allowed it to work without WiFi.  The most recent departure was WhatsApp, which is the messenger of choice in Spain where many of my friends and family live.  I’m quite annoyed by all this.  I think it’s perfectly acceptable to say to owner
Read more

Weeds Season 3

By -
I like Weeds. The episodes are short and densely packed with plot and wit. It is a dark drama based on a widow who turns to drug dealing to support her suburban lifestyle. There's plenty of interesting commentary and observation of the conformity of suburban life, and the thin veneer that covers the dark goings on behind closed doors. Weeds inhabits the same world as American Beauty. I think though that it misses the mark slightly. The problem with Weeds is that it is not dark enough. The inevitable violence of the drug business has a cartoon quality. So the danger that drives much of the plot and the tension is somewhat unreal. When one character is very seriously injured in a non-drug related incident, his injuries and his pain and suffering are played for laughs. Some interesting characters have become cartoon stereotypes. So when another character is beaten up (off screen) by a drug gang it's hard to take it seriously. Instead of being like the Desperate Housewives meets
Read more

Bad Spelling

By -
I saw a sign today at a hostel that said " NO VACANCY'S ". What really puzzled me was that it was a LED sign that appeared to have been mass produced. The end of civilization, as we know it, is nigh.
Read more