TIGERTAILZ Name Dispute Resolved?
June 23, 2006TIGERTAILZ — featuring Pepsi Tate, Jay Pepper, Kim Hooker and Matt Blakout — have on Thursday (June 22) received the U.K. Patent Office ruling on their opposition to the registration of the TIGERTAILZ name as a trademark made by Steevi Jaimz. Jaimz, a former vocalist with TIGERTAILZ, was replaced by Kim Hooker back in 1988.
According to a press release, the background to this case is that Steevi Jaimz (and an associate) registered the TIGERTAILZ name as a trademark with the U.K. Patent Office in June 2004. On hearing of this registration the original TIGERTAILZ band members Pepsi Tate and Jay Pepper (along with later and current member Kim Hooker) launched a formal opposition to this registration with the Patent Office in October 2004. Their opposition was based on the following Trademark Law sections:
Section 3(6) - the registration made by Steevi Jaimz was made in bad faith Section 5(4) - the law of passing off
After two years of formal proceedings and evidence submission, the final Patent Office hearing was held on Tuesday, May 30, 2006, with the formal decision being delivered in writing on Tuesday, June 20, 2006.
On the two main counts of opposition brought against Steevi Jaimz' registration, the hearing officer upheld Pepsi Tate, Jay Pepper and Kim Hooker's claims as follows:
01. He ruled that in all circumstances the opposition succeeds in Section 5(4)a — Steevi Jaimz is indeed "passing off" as TIGERTAILZ
02. He also ruled that opposition succeeds in Section 3(6) — Steevi Jaimz registered the TIGERTAILZ name as a trademark in bad faith.
Commented the band: "In summary, after two years of legal wrangle we are pleased to announce that we have won our case with regard to our right to the TIGERTAILZ name."
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