6 ms·

Um, are you associated with https://angel.co/luna https://angel.co/luna / https://www.useluna.com/ https://www.useluna.com/ ? Because if not, it's usually cust

by jaksmit 13y ago

Um, are you associated with https://angel.co/luna https://angel.co/luna / https://www.useluna.com/ https://www.useluna.com/ ? Because if not, it's usually customary to at least use a different company name before cloning a US startup and launching it for a European market.

kine 13y ago
No. He's not. Our lawyers will be in contact
- JazCE 13y ago
  the American way!
  - ulfw 13y ago
    No shit.
- jeza 13y ago
  Do you own a trademark in Europe? Your lawyers won't necessarily be much help if not.
  - jaksmit 13y ago
    @jeza the company is in the UK; in the UK you don't have to register a trademark as there is support for unregistered trademarks. The law is called "passing off" and looks to protect instances where a product or service could easily be confused with another : http://en.wikipedia.org/wiki/Passing_off http://en.wikipedia.org/wiki/Passing_off I previously had to take somebody to England's High Court for exactly this
    - oneeyedpigeon 13y ago
      I live in London. Will the company called Luna deliver to me from San Francisco? If not, how am I going to get the two confused, and how are they dealing in remotely the same market?
    - rahimnathwani 13y ago
      I previously had to take somebody to England's High Court for exactly this I'm curious. Would you mind sharing some of the background, and the outcome?
  - rahimnathwani 13y ago
    Interestingly, there are a number of EU trademarks which (i) contain the word Luna, and (ii) include reference to class 39 and 'Transport; packaging and storage of goods.'. For example: http://www.ipo.gov.uk/tmcase/Results/4/EU009432147 http://www.ipo.gov.uk/tmcase/Results/4/EU009432147 Also interesting is what the Intellectual Property Office has to say about passing off (http://www.ipo.gov.uk/types/tm/t-about/t-protect/t-protect-unreg/t-protect-passingoff.htm http://www.ipo.gov.uk/types/tm/t-about/t-protect/t-protect-u...): To be successful in a passing off action, you must prove that: - the mark is yours - you have built up a reputation in the mark - you have been harmed in some way by the other person's use of the mark It can be very difficult, and as a result, expensive to prove a passing off action. IANAL but it would seem that a US-based company with (I'm assuming) no customers or operations in the UK would have a hard time showing that the use of a mark by a company which operates within a very small area of London has caused it harm. Also tough to show 'you have built up a reputation in the mark' given that Luna was only founded a few months ago (according to AngelList).
- kolev 13y ago
  Lawyers, really?! This hostility is totally unnecessary!
- rahimnathwani 13y ago
  Your 'Sign up for early access' form won't accept a UK postcode. Nor will the form at the top of the page which says 'Sign up now and be the first to know when Luna is in your city.' :(

by jaksmit 13y ago

kine 13y ago

No. He's not. Our lawyers will be in contact

JazCE 13y ago
the American way!
- ulfw 13y ago
  No shit.
jeza 13y ago
Do you own a trademark in Europe? Your lawyers won't necessarily be much help if not.
- jaksmit 13y ago
  @jeza the company is in the UK; in the UK you don't have to register a trademark as there is support for unregistered trademarks. The law is called "passing off" and looks to protect instances where a product or service could easily be confused with another : http://en.wikipedia.org/wiki/Passing_off http://en.wikipedia.org/wiki/Passing_off I previously had to take somebody to England's High Court for exactly this
  - oneeyedpigeon 13y ago
    I live in London. Will the company called Luna deliver to me from San Francisco? If not, how am I going to get the two confused, and how are they dealing in remotely the same market?
  - rahimnathwani 13y ago
    I previously had to take somebody to England's High Court for exactly this I'm curious. Would you mind sharing some of the background, and the outcome?
- rahimnathwani 13y ago
  Interestingly, there are a number of EU trademarks which (i) contain the word Luna, and (ii) include reference to class 39 and 'Transport; packaging and storage of goods.'. For example: http://www.ipo.gov.uk/tmcase/Results/4/EU009432147 http://www.ipo.gov.uk/tmcase/Results/4/EU009432147 Also interesting is what the Intellectual Property Office has to say about passing off (http://www.ipo.gov.uk/types/tm/t-about/t-protect/t-protect-unreg/t-protect-passingoff.htm http://www.ipo.gov.uk/types/tm/t-about/t-protect/t-protect-u...): To be successful in a passing off action, you must prove that: - the mark is yours - you have built up a reputation in the mark - you have been harmed in some way by the other person's use of the mark It can be very difficult, and as a result, expensive to prove a passing off action. IANAL but it would seem that a US-based company with (I'm assuming) no customers or operations in the UK would have a hard time showing that the use of a mark by a company which operates within a very small area of London has caused it harm. Also tough to show 'you have built up a reputation in the mark' given that Luna was only founded a few months ago (according to AngelList).
kolev 13y ago
Lawyers, really?! This hostility is totally unnecessary!
rahimnathwani 13y ago
Your 'Sign up for early access' form won't accept a UK postcode. Nor will the form at the top of the page which says 'Sign up now and be the first to know when Luna is in your city.' :(