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Marzan

Big West trademarks Macross in the UK

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Hey, just to confirm, the response PDF was BW's response to HG's appeal of an EU court's decision in favor of BW's challenge to HG's trademark application(? copyright application?) for "Macross" in the EU.

Correct me on any of that, and also on any of the following: This is their response being given to I'm guessing an appeals court or office or... Anyway, that means no decision on the appeal has been made yet; it was simply a submission of BW's argument, which the court/office/etc. can use in determining their ruling.

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23 hours ago, kajnrig said:

Hey, just to confirm, the response PDF was BW's response to HG's appeal of an EU court's decision in favor of BW's challenge to HG's trademark application(? copyright application?) for "Macross" in the EU.

Correct me on any of that, and also on any of the following: This is their response being given to I'm guessing an appeals court or office or... Anyway, that means no decision on the appeal has been made yet; it was simply a submission of BW's argument, which the court/office/etc. can use in determining their ruling.

As I read it, I understand that it is not a Big West response.
In fact, I don't know where they got that conclusion.

What I see there, is a summary of the dispute, where Judge Elisa Tricerri, rejected the complaint / lawsuit of Harmony Gold USA for Big West Advertising to register the title and logo of MACROSS, to his property.

And this, in my opinion, implies that within the countries of the European Union, Harmony Gold should, from now on, pay for royalties from the use of the word Macross, to Big West.

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On 2/1/2020 at 12:18 AM, Ikaruss said:

As I read it, I understand that it is not a Big West response.
In fact, I don't know where they got that conclusion.

What I see there, is a summary of the dispute, where Judge Elisa Tricerri, rejected the complaint / lawsuit of Harmony Gold USA for Big West Advertising to register the title and logo of MACROSS, to his property.

And this, in my opinion, implies that within the countries of the European Union, Harmony Gold should, from now on, pay for royalties from the use of the word Macross, to Big West.

Not so fast. The European Union IPO website still has the trademark on Macross as pending unlike Macross Delta were it is confirmed. Harmony Gold's European representatives did a sneaky parallel trademarking of the term which Big West's representatives have asked to be thrown out. There is more to come and with Italian lawyers involved, it might take a bit longer than we expect.

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On 2/3/2020 at 6:00 PM, Marzan said:

Not so fast. The European Union IPO website still has the trademark on Macross as pending unlike Macross Delta were it is confirmed. Harmony Gold's European representatives did a sneaky parallel trademarking of the term which Big West's representatives have asked to be thrown out*. There is more to come and with Italian lawyers involved, it might take a bit longer than we expect.

That's I was asking but nobody answer it.
In fact, now I doubt that anyone else has read it and tried to understand (without offending anyone).

My knowledge of laws, as well as legal language, is low.
But, the little I could understand and get clean, is that: if Big West succeeded (if it didn't already have it), Harmony Gold could lose a big business in Europe.

 

* I don't know what legal move the Harmony Gold legal representative made, but as read in the PDF, her performance was disastrous, the judge having to remind her that the laws were different there.
He even offered evidence that played against him, and in favor of the property of Big West.

 

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On 2/5/2020 at 4:11 AM, Ikaruss said:

That's I was asking but nobody answer it.
In fact, now I doubt that anyone else has read it and tried to understand (without offending anyone).

My knowledge of laws, as well as legal language, is low.
But, the little I could understand and get clean, is that: if Big West succeeded (if it didn't already have it), Harmony Gold could lose a big business in Europe.

 

* I don't know what legal move the Harmony Gold legal representative made, but as read in the PDF, her performance was disastrous, the judge having to remind her that the laws were different there.
He even offered evidence that played against him, and in favor of the property of Big West.

 

I've gone in and seem some of the material that both sides have presented, and it seems pretty weak sauce to be honest. They literally have prints from webpages like ANN that they use for their case. The judges must be facepalming constantly with this case.

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1 hour ago, Marzan said:

I've gone in and seem some of the material that both sides have presented, and it seems pretty weak sauce to be honest. They literally have prints from webpages like ANN that they use for their case. The judges must be facepalming constantly with this case.

This is about average for Harmony Gold's legal counsel, TBH.

Back when Harmony Gold was in arbitration with Tatsunoko over Tatsunoko's accusations that Harmony Gold had been shorting them on royalties owed for broadcast, streaming, and home video sales, the attorney representing Harmony Gold apparently had a bit of an aneurysm and briefly forgot how intellectual property law worked.  He claimed, on HG's behalf, that having used (with permission) aspects of the MOSPEADA IP in derivative works like Robotech II: the Sentinels and Robotech: the Shadow Chronicles made Harmony Gold owner of those aspects of the MOSPEADA IP and allowed them to continue using them even in the event of the license expiring.

He was then reminded by the court and Tatsunoko's attorney that that's not remotely correct.

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On 2/5/2020 at 4:11 AM, Ikaruss said:

But, the little I could understand and get clean, is that: if Big West succeeded (if it didn't already have it), Harmony Gold could lose a big business in Europe.

Guess they don’t really care about that. I live in France, so I can tell you that Harmony Gold has no business here in Europe since the 90s. Even their latest comics remain untranslated.

And that’s why Big West already win. I mean, they won the day they struck for the Macross trademark in Europe. Because Harmony Gold cannot prove any genuine use of the trademark. You cannot prove what simply doesn’t exist. So yeah, their legal representative have no choice but to print webpages as evidences. And they did it very, very bad, including webpages that play against their client and even piracy links.

What I’m trying to say is that Harmony Gold fell into their own trap. They trademarked the Macross IP, but never genuinely used it because Macross isn’t Robotech. And just like the UK decision stated, they cannot prevent one of Macross original creator to exploit the trademark for itself. They can make all the appeals they want, it’s just a matter of time.

Of course, this is just the European case. I don't know if laws are similar in the US.

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