Keep calm and carry on

[pitkin2020]

Well I have just heard someone who has used this logo for something on ebay has had it pulled for copyright infringement, apparently the guy who now owns the copyright owns http://www.keepcalmandcarryon.com (http://www.keepcalmandcarryon.com/). My naive understanding after reading a little on wiki is this was originally designed for the government in 1939, the crown copyright expired after 50 years meaning its now in the public domain, if thats the case how can an individual take ownership for it if they didn't create it or they didn't purchase the copyright?

[jennywren]

Not sure on the words but the queens crown is crown copyright

[pitkin2020]

Yeah I thought that would be, but this guy has apparently trademarked the phrase "Keep calm and carry on". I have found some info but its really conflicting as it states the copyright has expired on this piece as its over 50 years old and is now in the public domain. Public domain states its free to use.

But here http://www.ipo.gov.uk/types/tm/t-about/t-faq/t-faq-expired.htm states something different, that you can infact register a trademark for something that has expired aslong as its not opposed by the original owner.

To me that seems just mad, if I create something then I own the copyright but when it expires in 125 years (which i'll be dead) some can re register it and make money from it. Surely if its not handed down into the family and is allowed to expire it should just be in the public domain and then becomes free of any copyright.

[mrs maggot]

the same way as the i love london perhaps ??

interesting though i have a wholesaler who produces mugs for the V&A amongst others and a lot of kitchenwear near me, and they have keep calm and carry on, keep calm & eat cupcakes, keep calm and any other line you can think of stuff, so i am surprised at this. i just bought 500 keep calm and carry on badges from a wholesaler so the product is out there

[pitkin2020]

Well I think its two issues, I have no issue with the design being trademarked, same with I love london. If the design is unique fair enough but I seriously can't see how you can trademark such a phrase as it uses generic words. Thats like copyrighting "The End", if I were to do that 99% of all novels published would have to pay me a royalty or obtain a license to use it, thats just madness lol.

From what I can gather this bloke has obtained the trademark for the phrase recently and is clamping down and is actively reporting stuff on ebay for removal, although a lot still remains. The item that got removed was wall art that was supplied by Next, they were just having a clear out rather than making and selling it.

[John G]

Cannot see how he's done it, but, yes - the phrase is trademarked even though he didn't design, invent, or say it, first.

http://www.ipo.gov.uk/t-find-number?detailsrequested=C&trademark=E9455619

(http://www.ipo.gov.uk/t-find-number?detailsrequested=C&trademark=E9455619)Unbelievable!

[pitkin2020]

Nice find. Well I wonder if I can trademark POLICE, MP, BBC, HOSTILE TAKEOVER, CREDIT CRUNCH.......

[Paul]

lol :) you got money, you own the world! ridiculous!

[pitkin2020]

Its madness, surely this just defeats the whole purpose of trademark/copyright if you can basically take ownership of something thats not yours. Its a bit like squatters rights I suppose if they can prove occupancy of the property for 10 years without being asked to leave IIRC they can claim it.

[Reg]

I hope Cafe press who have over 1100 items of keep calm get their license for this.

[jennywren]

Well he'll be busy in courts with half the world. The chap got I love london got the other half. Glad he's got the time I personally don't think he'll get far myself.

[pitkin2020]

TBH if the crown in the image is crown copyright then with him selling the complete piece with someone elses copyright he doesn't really have a leg to stand on. I am half tempted to make some "Keep calm & carry on" vinyl wall art now lol

[pitkin2020]

Well now the story has broken (was on BBC news 22nd sep). Several companies are now working with some IP lawyers to try and get this overturned. As some of these companies were effectively trading before this Mark Koop it sounds like they have a strong case. It also appears he has been quite sneaky in obtaining his trademark by basically bypassing the UK process and going through the EU process which basically also covers the UK. He also has a US trademark pending currently.

From what I can gather there are atleast 3 large IP lawyer firms working on the case and they are expecting to see results within the next 4-6 months.

If you get a chance and feel stronly enough take a moment to sign the e-petition http://keepcalmcampaign.co.uk/ it may help so worth a try.