RAF strafes Next in pirated duvet copyright rumpus The Royal Air Force is suing a high-street shopping chain for violating its intellectual property rights. A range of duvets and other bedroom stuff marketed at young boys feature red-white-and-blue roundels, and this has Her Majesty's flyboys up in arms (as it were). Various UK media report that the Ministry of Defence has …
As pointed out in your article, the mods in the '60s were very fond of this logo. Surely if the RAF didn't try to protect "their intellectual rights" from the mods 40 odd years ago then they can hardly claim it as a "right" now.
I have a Ben Sherman shirt that has a top button with the RAF roundel design on it that I bought a few years back, I don't recall the RAF protecting "their brand" then.
It's as generic as the Union Flag.
But, and this is the real problem, who pays the legal costs? I can bet that it will be you and me.
"Should be out of copyright by now then, unless they know who the original artist was, and that he was still alive in 1938..."
No, they're suing over trademark rights, which subsist as long as the mark is in active use.
Lewis,
wouldn't the fact that the army and navy stopped using the mark almost a century ago mean that they have effectively abandoned the mark?
IANAL.
It's no doubt been said before...
Why do we need a separate air force, with all the admin, bureaucracy and high-rank structure, when most of the functions are already integrated in the other two forces.
We should be taking the best, most skilled, personnel from the RAF and put them in better uniforms of the Navy/Army... put this air experiment to a rightful end...and save the defence budget for things actually needed (like equipment that works, delivered to where its needed and pay that is in line with the risk involved.)
It seems as though they already know their end is near, if they have to squabble over such petty things as a couple of coloured circles. www.nocrabs.com
That cushion/pouffe/faux leather wotsit looks to be a very badly butchered red ensign.
I would have thought that the RAF had more things to worry about than kids getting hold of their roundels. Perhaps there is some truth in the old saying that even though the Air Vice Marshal has five gold rings, he's still just one more arsehole. One wonders if they're going to round up all the ex-mods and confiscate their parkas?
Jolly Roger. Less chance of getting sued flying that.
poor buggers, they must be desperately skint to use this excuse as a mthod for raising revenue. They're also probably really miffed that they didn't think of sueing mods in the 60's (d'oh) - could have made a packet then. Still, it's better than raising taxes. Mind you, if they looked after their toys they wouldn't need replacing now would they.
Surely Des should be spending MY tax on more flak jackets for the bods actually getting shot at rather than wasting it on rubbish like this. Although I would prefer a pull out of Iraq and an agreement with the Afghani farmers to stop the poppy production ... much better use of money and good UK crime reduction.
From Wikipedia:
"If a court rules that a trademark has become "generic" through common use (such that the mark no longer performs the essential trademark function and the average consumer no longer considers that exclusive rights attach to it), the corresponding registration may also be ruled invalid."
So when you see the design, do you automatically think "RAF" or do you think "Mod" (for clarity, not Ministry of Defense). It largely depends on where you see it. If it's on the side of a plane you can rest assured that it means RAF but on a Parka or a Vespa it would certainly mean Mod.
On a duvet? Well that's up to the courts to decide and for us to pay for.
I think the RAF may lose their trademark.
ISTR that when the RAF roundel was introduced it was only after consulting the French, because is was a derivative of theirs (with the colours reversed). The French granted permission for its use as a aircraft marking.
So for this use the French own it...
Also how do you distinguish this as an RAF roundel rather than a simple concentric circle design? The RAF have used various proportions for the three elements over the years (for low visibility and various other purposes), but the iconic design that this is closest to has the centre circle 1/5 the diameter of the outermost one. The red dot on the wallpaper shown is larger.
"To paint little targets on the aeroplanes?"
The Germans used them for that very purpose, cue requests from pilots to make them smaller as The Bosch were shooting them down rather easily.
The Germans obligingly in the spirit of fair play gave the RAF a nice big X to aim for on their planes & the Japanese had a nice big red spot on their aircraft.
Piracy for the copyright infringement & marking up the number of kills on the side of the cockpit.
Well, despite the fact one would think using the public as doormats would be considered disrespectful, that hasn't stopped NuLabour, has it? Turnabout being fair play and all that, I really don't see the problem...
We need a "blatant troll" icon. Ballmer'll do at a push, though he's more monkey than troll. And no, I didn't use the Tw*t-o-tron.
the armed forces are no longer run from a military perspective but as a poorly run business.
those in charge have a corporate mentallity so it is natural that they focus on issues like this rather than making sure that the troops at the sharp end have the best training, equipment, and leadership available
mines' the oversized " loitering within-tent" Parka with the Lambretta keys in the pocket
"...having checked out the RAF site...how many young boys do you know that would want a Aviation Cross Stitch set for Christmas (yes, go on, shoot me down in sexist flames...)?"
ERM.... do you have any idea what happens when you admit you're a guy who likes tapestry and knitting? - It's better for attracting women than being a rugger boy, thats for sure! It's how I found my lovely wife!
It is not actually recorded but the reason for the Air Force Blue was the unfulfilled order for the cloth, made by the Russians for a proposed new regiment in the 1910s. Subsequent to the revolution it was not required and had not been paid for. The British Military establishment decided to put it to use for the RAF uniform colour so we have had to put up with it since then, and as a time serving man I do mean "Put up with."
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