Rihanna wins rights to her image over Topshop

Rihanna_(6777125510)
By Eva Rinaldi CC-BY-SA-2.0], via Wikimedia Commons

No, this isn’t about a tabloid newspaper controversy involving the rather racy Barbadian pop star. Instead it is about a recent High Court case where Rihanna took on the high street fashion chain Topshop over the use of unauthorised photos of her on their T-shirts.

The dispute centred on the issue of ‘passing off’, a fascinating aspect of Intellectual Property law due to the way it depends, not on some arcane legal technicality, but on what an ordinary person would think.

During my seven years working in the Business & IP Centre I have learnt that Intellectual Property can be immensely technical and complex, but also has aspects that rely on good old-fashioned common sense.

The test for passing off is quite simple, would an ordinary person think the item they are buying was either produced or authorised by someone other than who they thought it was. Wikipedia defines it as; The law of passing off prevents one person from misrepresenting his/her goods or services as being the goods and services of the claimant, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.

Not surprisingly the most frequent cases of passing off tend to involve household brands. In April Which? magazine conducted a survey that found ‘a fifth of Which? members have bought an own-label product by mistake because it looked so much like a big brand. They found more than 150 own-label products they thought borrowed elements of their packaging from branded competitors. Own-label ‘copycat’ products: can you spot the difference?

One of the most well-known involves the best-selling dandruff shampoo brand Head & Shoulders. They have taken numerous supermarket chains to court for producing own label shampoos which are too similar to the their brand. The supermarkets tend to mimic the shape of the Head & Shoulders bottle, their colours and font styles. Each time the supermarkets lose the case, they go back to their designers and make slight changes to their bottles, leading to another round of court action.

Head&Shoulders_vs_Boots

Next time you are in a supermarket, have a look along the shelves and see if you can see any ‘look alike’ packaging from own label brands. In my experience cereal boxes make for rich pickings. Put yourself in the shoes of the busy shopper (or in my case reluctant shopper) rushing along the aisles with only time to glance at the packages as they zoom past. It is all too easy to grab the ‘wrong’ one and drop it into your basket.

In the case of the T-shirt with Rihanna’s photo, the judge Mr Justice Birss said the “mere sale” of a T-shirt with an image of a celebrity did not automatically amount to passing off. But in this instance he thought that a “substantial number” of buyers were likely to have been deceived into buying it because of a “false belief” Rihanna had authorised it.

He said it was damaging to her “goodwill” and represented a loss of control over her reputation in the “fashion sphere”. It was for Rihanna not Topshop to choose what clothes the public thought were endorsed by her.

 

Anorak – now a cool brand and a Success Story

anorak_logo I have blogged in the past about the importance of using a ‘made-up’ name for your trademark, but there are other ways to establish a distinctive but protected presence in the market place.

I was recently helping a couple of customers in the Centre find some useful market research reports on home wares. In conversation I discovered they were the founders of Anorak, a company who make and sell ‘functional products inspired by the great outdoors’. I also learned that we had helped them along their journey to success over the last four years, so they qualify as one of our Success Stories.

For me, the story here is the ingenuity of taking a widely used slang term with negative connotations, and subverted it into something cool and trendy.

trainspotter
Source: http://commons.wikimedia.org/wiki/User:Mattbuck

According to Wikipedia the term anorak came from the Observer newspaper’s description of UK trainspotters, based on their preferred form of clothing. Allegedly members of this group often wore, the by then very unfashionable anorak jackets, when standing for hours on chilly railway station platforms noting down details of passing trains.

However according to the Guardian Newspaper’s Notes and Queries column, the term was was originally created by Radio Caroline Disk Jockey Andy Archer in the early 70′. He used the word anoraks on air, to describe the boatloads of fans who came out to visit the pirate radio ships anchored off the Dutch coast.

During the 1980’s it became a general derogatory term for a someone with an obsessive interest in unfashionable and largely solitary interests. 1980’s UK rock group Marillion called one of their albums Anoraknophobia, referring to the long running in-joke that Marillion fans were sometimes called freaks or anoraks.

isle of wight computer geek iow
www.theisleofwightcomputergeek.co.uk

In the United States the term geek or nerd is often used instead, but is not associated with a particular item of clothing as far as I am aware. The exception might be the wearing of large unfashionable glasses. The US based company GeekSquad have also attempted to exploit the label to their own advantage.

The word anorak is derived from Greenland Eskimo ‘anoraq’, used to describe a waterproof jacket, typically with a hood, of a kind originally used in polar regions.

I am aware that this post may be in danger of straying into anorak territory itself with this level of obsessive detail, so I will stop here.

 

Anorak_fox_mugAbout Us

Introducing Anorak. A British brand with its heart planted firmly in the great outdoors. Inspired by childhood camping adventures (in a bright orange campervan), Anorak’s founder and Creative Director Laurie Robertson uses striking silhouettes to bring a touch of fun and whimsy to homewares and outdoor lifestyle accessories.

From Kissing Rabbits to Proud Foxes, Anorak’s animal designs are bold, bright and a good deal less timid than their real life relatives. But looks aren’t everything, so the entire Anorak product range has function at its heart. The wash bags are wipe clean, the sleeping bags have leg room a plenty, the picnic blankets are light enough to carry on the longest of country strolls. So if you’re a fan of the great outdoors (even when you’re indoors) and think fun should follow function, remember to pack your Anorak.

Your New Year’s resolution – a new website?

Arganic oil bottleFor many small business their website is the key element of their marketing strategy. So I am often surprised just how poor some of these are. One of the worst consisted of white text on a bright red website which meant I couldn’t look at it for more than a few seconds without hurting my eyes.

So as well as emphasising the importance of a blog in bringing in visitors, I always encourage people to get a professional looking website that matches their product or service.

Dana Elemara’s Arganic website is an excellent example of how to use high quality photos and illustrations along with consistent page design and text fonts.

Which brings me to Sarah Warsop the British Library’s jewellery designer in residence. My colleague Fran Taylor our Marketing Manager for Creative Industries has been helping Sarah to discover inspirational collection items in the library.

My job has been to help Sarah develop the business side of her creative activities.Her previous website was more focussed on her dance practice and her other creative projects. She wanted a site that would be easy to setup and maintain, and to better show her amazing jewellery designs. And of course I suggested she include a blog.

So I was really excited to see this week that she had taken the plunge and moved to a new site using SquareSpace. In my opinion the result is simply stunning. http://sarahwarsop.com/

Sarah Warsop new website

 

The perfect Christmas present – the gift of time

Mondaine watch

I guess in this ‘time poor’ era we could all do with an extra couple of hours a day, but in the meantime for me, a new watch will have to do.

For some years I have aspired to own a Mondaine watch. Based on the iconic official Swiss Railways clock-face, they are simple and elegant. The design with its distinctive red second-hand have indicated the famously punctual Swiss trains at their stations for more than 60 years.

So I was more than a little surprised, and extremely happy to be given one as a Christmas present from my partner. Especially as I hadn’t mentioned my interest in owning one.

Canary Wharf ClockIf you want to see an example ‘in the flesh’ in the UK there is a little cluster of them at Canary Wharf in London Docklands.

My intellectual property expert colleague Phil mentioned that the design was the cause of  court case between Mondaine and the giant Apple computer company. The story was covered by the Daily Mail website in October and November of last year.

Bet Apple wish they could turn the clock back: Swiss firm accuses iPhone 5 of copying their iconic face design.

Apple ‘paid £13million to Swiss national rail operator’ after using its iconic clock design without permission

There is some irony here, as this was the same time that Apple was suing Samsung in the United States for copying elements of the iPhone screen design.

 

Mondaine clock face
Image from DailyMail.co.uk

The secret doors of the British Library

BL DoorsBefore you get too excited, this is not a post about our collection of ‘naughty’ books. I have been at the library for seven years now and have yet to discover where they are located (not that I have been looking you understand).

This is about a secret contained within – not behind the doors of the British Library. At the entrance to each of the seven reading rooms in the St Pancras building stand pairs of impressively large wooden doors.

Colin St John Wilson who made the architecturally controversial building his life’s work, demanded only the best materials for the fixtures and fittings. Consequently the sheer weight of the Canadian oak that these impressive doors were constructed from, meant they could not be opened by ordinary mortals. This created something of a dilemma as the opening of the building  approached. I’m afraid I can’t prevent images entering my mind of stereotypically puny academics and weedy librarians breaking into a sweat, as they struggled with these mighty doors in vain.

To address this actually rather serious accessibility issue, building engineers came up with an ingenious and virtually invisible mechanical solution to the problem.

A small copper wire is curled in a spiral around each door handle. When grasped by a visitor the natural electrical charge within their body triggers a switch which is located in the door hinges. This powers an electric motor to push the door open. However this action is silent and so subtle that almost no one notices the assistance they are being given by the mechanism.

As a fan of ergonomic design and Cyborg Anthropology, I am impressed by this clever solution.

So the next time you encounter one of these magical doors, I suggest you touch the handle and stand back to give yourself time to admire this technological marvel of the British Library.

Apple is the most successful brand in history because it is meaningless

ohyo_bottleDuring this years Global Enterprise Week I finally had a chance to catch-up with Guy Jeremiah one of our Success Stories.

Although his collapsible bottle was becoming a great success in the UK under the brand Aquitina, Guy was advised he should change its name before taking on the United States market.

Unfortunately Aquatina is quite similar to Aquafina, a brand of bottled water owned by PepsiCo. Naturally Guy’s advisor was concerned that the cost of going through the courts would bankrupt the business, even though he would win the case.

So a new name was needed for the brand, and the advice was to use a made-up word. By definition, no one would be able to claim ‘prior-art‘ with a newly invented name. After much experimenting Guy and his team came up with the name ohyo (pronounced yoyo).

We had a chat about the importance of the Ronseal (says what it does on the tin) approach to a name, versus the advantages of using anonymous name like ohyo. My feeling is that a descriptive name is great when you are starting out, such as Man and Transit Van. But you never really know where your business will go, or how diversified it will become. In which case your expressive name can become unhelpful. For instance Carphone Warehouse, is no longer a warehouse and doesn’t sell phones for cars.

In the case of Apple Computer, the name was effectively pulled out of a hat the day before it was needed for company registration. Its generic nature meant that once the Computer bit was dropped, the company was free to make anything they liked and stick an Apple logo on it.

According to Walter Isaacson’s recent biography of Steve Jobs, “I was on one of my fruitarian diets,” he explained. “I had just come back from the apple farm. It sounded fun, spirited, and not intimidating. Apple took the edge off the word ‘computer.’ Plus, it would get us ahead of Atari in the phone book.” He told Wozniak that if a better name did not hit them by the next afternoon, they would just stick with Apple. And they did.

You may notice a similar looking collapsible bottle at the checkout of you local Marks & Spencer branch, as ohyo have licensed their product to M&S.

ohyo_bottles

 

 

 

The future of motorbikes is electric

Kawasaki kr1-sI normally leave the coverage of all things patent related in the capable hands of my colleague Steve van Dulken and his Patent Search Blog.

However, Steve is not the keen biker I am (nor the owner of the best motorbike ever created). So he is unlikely to have come across this story in the latest issue of Bike Magazine.

It is about a patent for an electric motorbike from Honda in Japan. And I have to admit I struggled to read all 19 pages of the patent application. But my understanding of the innovation, is the use of smaller electric motors located near the rear axle. This avoids the need for a traditional chain to provide motive power from the engine to the rear wheel.

The point of this story is that you can use patents as a form of market research. It is unlikely Honda would go to the trouble of protecting this idea if they weren’t planning to launch an electric motorbike in the near future.

You can read more at the Espacenet website. US Patent: US8028785  (B2) ― 2011-10-04 ELECTRIC MOTORCYCLE or European Patent: EP2168858  (B1) ― 2012-06-06

Honda_electric_bike

Honda_electric_bike2

 

 

Royal Diamond Jubilee, Olympic and Paralympic souvenirs

diamond_jubilee_rain_050612-matt-web_2239104aIt has been quite a summer in Britain this year, and I’m not just talking about the weather.

First we had lots of celebrations and events to mark the Queen’s Diamond Jubilee. The biggest was the rain lashed Thames Diamond Jubilee Pageant, with 1,000 boats assembled from across the world. Once again the Telegraph cartoonist Matt (left) summed it up perfectly.

Then we had the London 2012 Olympic games, closely followed by the Paralympic games (not ParaOlympics as some thought).

In keeping with the business nature of this blog, I’ve been keeping an eye out for memorable memorabilia for these three ‘once in a life-time’ events.

maamiteI think my favourite has to be the Ma’amite jar adapted from the long-standing Marmite brand. It’s a bit cheeky, but not too disrespectful of the Queen. And it seemed to find favour with supermarket buyers, as it seemed to appear in everywhere during June. In case you bump into her Majesty, you will need to remember it’s pronounced Mam as in Jam, not Ma’am as in arm.

A rather less respectful, but also best selling product was the Diamond Jubilee Sick Bag. This was a natural follow up to graphic artist Lydia Leith’s unusual souvenir to mark the royal wedding between Prince William and Catherine Middleton in 2011. There is a strong tradition of not taking those in power too seriously in the UK, so it was not such a surprise to see this novelty item become something of a best-seller.

Diamond_Jubilee_sick_bag

Waving_QueenI actually prefer the Waving Queen toy, whose solar power handbag meant she would give a proper royal wave whenever the sun came out. I was given one as a present, so took her on holiday to France where she made a great impression on the local gendarmes. We were even given a formal salute, and a french accented ‘God bless her Majesty’, as we drove through a police road block in Normandy.

We spent the holiday trying to perfect the energy saving royal wave twist of the hand.

Waving_Queen_in_Normandy
Waving Queen on tour in Normandy

I think my least favourite item has to be from the Royal Mint in the shape of these specially produced five pound coins. For some strange reason they have chosen a particularly grumpy looking Queen to go on the back (or is it the front). By the way, how do you call heads or tails, when the coin has only heads?

Queen_Diamond_Jubilee_five_pound_coin

Moving on to the London 2012 Olympics we have a rather motley set of  memorabilia.

Anything that is encumbered by the dreaded 2012 logo is damaged goods as far as I am concerned, even if I have not been taken in by the ridiculous Zionist conspiracy theory.

Olympics_logo

Thanks to the post games sales, I managed to pick up a Wenlock for a knockdown price, so am now in possession of this slightly scary cyclops.

Wenlock

You can read the background to Wenlock and Mandeville on Wikipedia. I tend to agree with the critic claiming that the pair were the product of a “drunken one-night stand between a Teletubby and a Dalek”.

I have to admit I haven’t seen any of these for sale, but the Olympic Condoms story is too good to miss.

Apparently 150,000 free condoms were given to athletes participating at the London Olympics, which is 50% more than at the Beijing Games in 2008. That works out to 15 condoms for each of the 10,500 competitors who stayed in the Olympic Village.

olympic_condom

olympic_condom_advert

At the other end of the cost spectrum are signed framed photo montages of previous Olympic champions. For example one signed by Kelly Holmes, Daley Thompson, Steve Redgrave, Seb Coe and Chris Hoy is a snip at £1,000.

If you fancy an umpire’s chair or other more practical souvenir of the games such as a super-long bed, just visit Remains of the Games website.

Adam_Hill_GamesmakerI have really struggled to find any specific Paralympic souvenirs, so I think I will have to go with the knitted Adam Hill. Adam was the host of The Last Leg, the surprise hit TV show of the Paralympics.

A fan of the show decided to create a knitted Adam Gamesmaker and to auction it on eBay for charity. Thanks to extensive use of Twitter on the show, the auction went viral and when last heard the bid price had exceeded £30,000.

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Postcript:

It seems as though I wasn’t the only one to be worried by Mandeville and Wenlock. Although on the positive side perhaps my £2 purchase above will be a collectors item in the future. How Mandeville and Wenlock derailed Hornby.

The ingenious Tapsell gates of Sussex

Tapsel_gate_at_St_Andrew's_church,_Jevington
Image from Wikipedia

On one of my regular wanderings up on the South Downs, I recently chanced across an intriguing type of churchyard gate.

For my undulating perambulations I often carry a day-pack filled with waterproofs, extra layers and ‘emergency rations’ (in my youth I was a Boy Scout, so ‘Be Prepared’ is my motto). So conventional gates are an unsatisfactory ergonomic experience.

The most common obstacle is the stile, which often involves an unsteady climb and descent on frequently wobbly and slippery planks of wood. Kissing gates appear more straight-forward, but the hinges are often rusty, and half the time your rucksack gets snagged as you squeeze through the narrow gap. Then there is the traditional five-bar gate, which if new, requires Herculean strength to prise the spring-lever open, or once old, has collapsed on its hinges and has to be lifted out of the mud and dragged open and closed again.

As you can see from the photo above the Tapsell gate is a much more ingenious device, as it balances on a central spindle. The gate opens with the slightest of touches, and can be pushed right round so it comes to rest on the fixed stops of the gate posts in a closed position. In effect you only ever have to open the gate, and you never have to wait for someone coming the other way as they can pass by on the other side simultaneously.

According to the little leaflet I picked up in Jevington church written by Rosalind Hodge, the Tapsell gates even allow coffin bearers to comfortably pass on either side without breaking step. Apparently, the bearers could even rest the coffin on the gate if they needed to pause before entering the churchyard.

Sadly, very little seems to be known about who invented this style of gate or when. The most likely source seems to have been a branch of the Tapsell families of Sussex, some of whom were carpenters.

For me, the most intriguing thing of all about these gates is just how few there are. Currently only six examples survive, but it seems not that many were made even at their peak.

This brings me neatly back to a regular discussion I have with inventors. So often they assume that their great idea must be entirely new because they haven’t come across it before in the shops. I explain that of the seventy million or so patents registered in the UK, only a tiny minority ever actually became commercially successful.

The sad truth about inventing (or any innovation come to that) is having a good idea is not nearly enough. I fact I would say it is the easy bit. The hard part is proving the commercial viability of the idea (usually to understandably cynical investors), and then find a way to market it successfully.

Too many follow the path of Ray Kinsella the character played by Kevin Costner in the film Field of Dreams, “If you build it, he will come”. And this proves to be very much the exception rather than the rule.

Could you be our new Jewellery Designer in Residence?

artquest-on-whiteWe have had our wonderful Inventor in Residence Mark Sheahan pretty much since we opened in 2006, and he has personally helped over 400 inventors.

More recently we have had our Entrepreneur in Residence Stephen Fear.

And now we are looking for a Jewellery Designer in Residence.

TattyDevine_Crystal_Crown_Necklace
Tatty Devine Crystal Crown Necklace

Together with Artquest we have just announced a new research residency for a mid-career London-based jeweller with at least five years’ practice.

This paid opportunity will help a designer take their work in a new direction, be inspired by the Library’s collections and gain business support.

The successful applicant will receive:

  • A bursary of £3,000 to develop (and potentially commercialise) a new body of work using material from the British Library collections.
  • Access to British Library collections and curators.
  • Access to business and intellectual property advice in the Library’s Business & IP Centre, which helps people to set up, run and grow their own business.
  • Marketing support in relation to their activity undertaken on the residency.

The deadline for applications is Monday 9 July 2012.

Maybe you could be the next Tatty Devine?

You can also contact Frances Taylor if you want to be involved in this, or our other projects targeting the library’s creative audiences.