CreativeSpa Legal Question

[Envy]

Hi all you Creative Geeks.

Quick question, I know Creative are extremely protective of trademarks. Especially over this side of the world! But I've noticed on a couple of Non Creative websites in the UK advertising that they offer Spa Manicure....

To me this looks an awful lot like SpaManicure which is TM by Creative Nail Design... Would this not be a breach of trademark and a really, really good way to have Creatives legal team come head hunting... ??

Just curious...?

Envy

 

[The Geek]

Thats a tough one as technically speaking Spa is (if I remember right) a town in Germany that is trademarked and Manicure is generic. Spa Manicure is therefore too generic of a specification compared to SpaManicure.

Plus, I just dont think that CND would really go after other companies and salons like that. It would be a lot of work for little gain and more importantly, it would be a negative experience for all parties involved.

Then again... Im just speaking off the cuff

 

[Envy]

Thanks Sam

I did wonder that as it is such a hard issue...

Over this side of the world we have Ezflow gel in the same packaging as BRiSA as it wasn't trademarked in time... oh dear, very confusing for the poor public.

Thanks for the reply

 

[The Geek]

Same thing worldwide - however thats down to the fact that there are only a handful of containers that companies can use to put their gel into.

EZ Flow used the same container manufacturer as CND and as such got the same jars

 

[scattyfox]

So does that mean we cannot use the trade names such as solar manicure?

Or can we use the trade names because we ahve trained with creative I didnt realise that copyright had such an effect on things.

 

[Mrs Geek]

So does that mean we cannot use the trade names such as solar manicure? Or can we use the trade names because we have trained with Creative? I didnt realise that copyright had such an effect on things.

I know Scatty it can be a pain but with such unique products it is necessary! For anyone who has trained with CND they can use all the names but you do need that little circle R or little TM or little 'c' depending! That is why you see the words together - SpaManicure... SolarManicure etc... hope this helps and marketing are there to help you if needs be! :hug: