Serious Business TV under legal threat!!!

[joachim]

Help me find a new name for Serious Business TV

I recieved this email via youtube today:

 

Sorry mate. The name Serious Business TV has been legally registered in Australia and New Zealand for more than 20 years. I suggest you start looking for an alternative asap.

 

Feel free to contact me to discuss.

 

Cheers

 

Barry Jacobs

(email address removed by me)

www.seriousbiz.com.au

 

 

My reply:

Ok my bad, I was actually unaware that your show existed (I'm not big on cars)

As we actually don't make any money at this point (and most likely never will) there's not much point getting your knickers in a twist as the best you'll end up with is a couple of mini dv tapes.

I will poll our fans as to what they think the new name should be (while at the same time giving you some good free publicity just to show there are no hard feelings (gotta let them know just how serious, Serious Business TV is right?)

When a new name has been found I will change it pronto.

Have a good weekend as you've ruined mine. (well I lie, I just wanted to say that)

 

As I say post your suggestions for a new name in here.

Drum and bass is no longer serious business

[thr339z]

hmmmmm

hmmm needs more research

will advise,,, my findings

maybe ,,,,,,, a new name could b "dnbizzotv"

or bassbzbez

or bseriousbizzotv

or somthing,,,

hmmmm

wonder if this dude actually has registered... it would be interesting to find out,,,

 

is it like a production company?

and if so what have they done or do they do here,,,

and does your market conflict with theirs,,,

 

 

hmmmm

[joachim]

I posted this thread on bassdro and one of the crew did a hunt and thinks he hasn't regestered but is just playing the heavy hand.

I shall be looking into this and trying to beat him to the punch.

 

either way this guy has spent more cash tan me and has a lot more to lose if I can turn around and make demands to him.

[Mr. MuN]

its definitely weird,

 

according to the intellectual property office of NZ (www.iponz.govt.nz) I searched and got this:

 

Your search returned no result

 

Search Criteria:

Database Type: P

Search Text: serious business

 

that was searching for a Trade Mark, not a protected word, also checked the companies office (never know! he reackons 20 years right?)

 

When i search the companies database, i only get a 'No Results, please re-define your query).

 

Thats when i search for 'Serious Business' and 'Serious Bizness' and a few other spellings,.. I checked the database for any registered user with the name 'Barry Jacbos' and got nothing back..

 

He can only do you for infringement/breach of his copywrite/protected intellectual property if his is a TV show as well - looks like more DVD sales only to me?.

 

I'd ask him for some more details, - Company number, Trade Mark NZ#, etc see what he can give you..

 

I checked their domain name too (sometimes has a created date on it). Being .com.au it doesn't..:

 

Domain Name: seriousbiz.com.au

Last Modified: 19-Apr-2007 02:46:32 UTC

Registrar ID: R00007-AR

Registrar Name: Bottle Domains

Status: OK

Registrant: Bentran Pty Ltimited

Registrant ID: OTHER 003 125 746

Eligibility Type: Other

Eligibility Name: Serious Business Television Production

Eligibility ID: K6251700 (NSW)

Registrant ROID: C1255664-AR

Registrant Contact Name: Giacobbe Misseri

Registrant Email: gia@bluesoap.com.au

Tech ID: C4988382-AR

Tech Name: Barry Jacobs

Tech Email: gia@bluesoap.com.au

Name Server: ns3.bluesoap.com.au

Name Server IP: 202.174.83.17

Name Server: ns4.bluesoap.com.au

Name Server IP: 202.174.83.17

 

It might pay to do the same queries on that guy 'Giacobbe Misseri' as that guy Barry Jacobs is probably just his bitch anyway..

 

my 10c

[joachim]

Cheers for that feedback man. Also big up for going to all that trouble for little old serious business (the d'n'b version )

Yea although I did tell him I'd change the name I'm more than happy to reneg on that.

My next step is to regester the name myself and tell him to eat it.

Before I do that I need to find some free or cheap legal advice and talk about the legalities of what I'm about to do.

 

I just wonder what the law is in regarding the fact that it can be very easily proven that he was opperation before me (or can it if there are no create dates on his site?) and I knew about his business but decided to say "hey fuck you I'm going to trademark the name first"

I know it's not stricly moral but hey in the business world are there actually eithics?

[Mr. MuN]

Cheers for that feedback man. Also big up for going to all that trouble for little old serious business (the d'n'b version )

Yea although I did tell him I'd change the name I'm more than happy to reneg on that.

My next step is to regester the name myself and tell him to eat it.

Before I do that I need to find some free or cheap legal advice and talk about the legalities of what I'm about to do.

 

I just wonder what the law is in regarding the fact that it can be very easily proven that he was opperation before me (or can it if there are no create dates on his site?) and I knew about his business but decided to say "hey fuck you I'm going to trademark the name first"

I know it's not stricly moral but hey in the business world are there actually eithics?

 

You might be able to talk to citizens advice about it for free but i'm not 100% on it to be honest...

 

the other thing i'd refer you to is the case of Burger King in Australia (trading under the name of Hungry Jacks). They only trade under the name Hungry Jacks in Australia because someone else had an earlier trademark on the name in Australia..

 

if he has no trademark/wordmark in the broadcasting area then i say fuck him

[joachim]

if he has no trademark/wordmark in the broadcasting area then i say fuck him

 

Yea I am heading down that road at this point. I'm even thinking of how I'd say to him, just so you know I have that name trademarked so can you please change your name at your earliest convenience.

Edited June 4, 2007 by Guest

[thr339z]

want good free advice legal? go to the trades centre on gt north rd Or the peoples centre down town , they are listed in the phone book, the citizens advice centre will have limited info on this high end IP laws,,

 

OR call up bfm when they have chris hockard on there ( he is nzs leading ip and media lawyer) he will sort ye, and man he is the shit ,,, he loathes fuckers like the dude ur tangling with,,,

also register register register! do it as soon as possible

 

werrrrd

Viva La serious Business

[Turbo Custard]

Yeah man if i was you id get online to the companies registrar right now and register the name. He may well have been using the name to trade under for 20 years however unless he has it registered he has no right to ask you not too.

 

You may find tho that unless your two business's are in conflict of operation you may not be able to stop him from continuing to trade under the name ( and he may not be able to stop you either )

 

Either way, as has been advised you should get some advise from someone who actually knows what they are talking about

 

http://www.companies.govt.nz/cms