SOCAN emails p2pnet
p2pnet.net News:- As regular readers will have noticed, p2pnet often uses company logos as pix to go with stories. Sometimes we add an element or two, and sometimes we merely feature the logos in their original form. And given that we’re beyond our 10,400th post, there are now quite a few such graphix on p2pnet pages.
And no one has ever complained —
— no one, that is, except SOCAN, short for the Society of Composers, Authors and Music Publishers of Canada, and that was way back in 2004.
But now we’ve heard from them again.
On the first occasion, we had a Cease & Desist snail-mail referring to a post on the fact SOCAN had failed in its bid to use file sharing as an excuse to boost its income by 10%. It had the SOCAN logo as the graphic.
That was in June, 2004, and then in July we had the hard copy mentioned above.
Among other things it said, “The SOCAN logo is a registered trademark and SOCAN must closely monitor the use made of its mark,” and went on:
“Under Canadian law unauthorised use of a trademark may adversely affect the distinctiveness associated with the mark, which may ultimately result in a loss of trademark rights. Accordingly, we must request that you immediately cease and desist from any and all further use of the SOCAN logo.”
This time around, SOCAN was a lot quicker off the mark and yesterday we had a polite email from SOCAN’s webmaster which says, “It’s come to our attention that the P2P website is inappropriately using the SOCAN logo on the page at www.p2pnet.net/story/10325.”
The P2p site? Well, thank you, guys : )
But actually, to be truthful, it’s not the P2P web site: it’s just plain old p2pnet. The P2P domain had aready gone when we started up and these days, it has nothing to do with p2p: it just kicks over to a host site.
Anyway, “Since the SOCAN logo is a registered trademark, we must closely monitor the use made of its mark,” says the SOCAN email, complaining about a November 6 story,
“Under Canadian law unauthorized or inappropriate use of a trademark may adversely affect the distinctiveness and the goodwill associated with the mark, which may ultimately result in a loss of trademark rights. There are also liability issues involved in inappropriate use of the logo.
“Please remove our logo from the page in question. Thanks for [sic] your co-operation.”
As we said the first time around:
“Ultimately result in a loss of trademark rights,” eh?
Well, that’s a relief. For a moment we thought it was just SOCAN bulging its muscles at p2pnet out of pique.
But since that’s not the case, and because we wouldn’t want to be responsible for SOCAN losing its trademark, we have, of course, replaced the image.
In it’s place appeared version #1 of the pic in the upper right.
And we’ve done the same this time around.
Cheers, SOCAN!
Also See:
failed in its bid – SOCAN loses against Cdn ISPs, June 30, 2006
closely monitor – SOCAN letter to p2pnet, July 16, 2004
www.p2pnet.net/story/10325 – College radio SOCAN threat, November 6, 206
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November 14th, 2006 at 9:05 pm
there is also fair use when it comes to trademark representation.
November 14th, 2006 at 9:07 pm
Well isn’t that a fine how-do-you-do?
At least you know you’re making an impact on the readership of the web. Usually folks like this don’t deign to notice the use of their trademarks. If they do it is a SURE SIGN they are not only reading your material but watching with close eyes. It’s also a sign they are worried about their precious “image” as it appears to the public eyes.
Sounds to me like someone is becoming a bit more than just concerned with trademark images. Since those mentioned in this article are well known to travel in the same errr, “circles” as some of the other organizations we all love to hate, it also means that other eyes are well aware of the activities of this site.
Welcome to the big time, Jon! You’ve surfaced above the background noise on the net to become someone whose site needs attention.
Disclaimer notice that this response is opinion. It is not based on anything other than speculation. Wonder where that marvelous add-on went we were seeing so much of at one time?
November 14th, 2006 at 10:32 pm
I think it worked out for the best. The logo you have up now is much nicer then the SOCAN logo.
And I love that line in the text: “the GOODWILL associated with the mark”. HA HA
November 14th, 2006 at 11:20 pm
I am sure you are aware there is more than one meaning for the word “mark”. Maybe it hits closer to home than we ever thought.
November 15th, 2006 at 6:08 am
There is a hell of a lot of porn the guys at SOCAN could be watching if they’re bored enough to send those kind of emails.
November 15th, 2006 at 9:26 am
> Depreciation of goodwill
> 22. (1) No person shall use a trade-mark registered by another
> person in a manner that is likely to have the effect of depreciating
> the value of the goodwill attaching thereto.
Certainly, a novice attorney might take this literally, and profess to the world that a corporate right to goodwill supercedes free speech in Canada. SOCAN sure seems to think so, at least.
Nevertheless, those experienced in law know that statutes provide specific, and often counter-intuitive, definitions for the terms they use. Canada’s Trade-marks Act, for instance, defines the word “use” thusly:
> “use”, in relation to a trade-mark, means any use that by section 4
> is deemed to be a use in association with wares or services;
And so, it becomes clear. I’m not stupid. SOCAN’s not stupid. I know, and SOCAN knows, that Jon’s not selling t-shirts with SOCAN’s logo on it, but instead, clearly using the logo in conjunction with news reporting and commentary.
It all boils down to– surprise, surprise– another sad case of intellectual property extremists distorting the law to silence criticism.
November 16th, 2006 at 9:13 am
Wouldn’t it be funny if a so porno was released with there logo on the actors clothes. Then they really would have something to complain about.
It so easy could happen! lol
November 16th, 2006 at 4:39 pm
so many ideas – so little time