F1 trademark row to resurface?

22/04/2014
NEWS STORY

As Bernie Ecclestone's bribery trial gets underway in Munich a previous legal issue which proved unsuccessful and highly costly for him rears its ugly head.

Despite being the head of the so-called pinnacle of motor sport, supposedly the most technologically advanced of all sports, Ecclestone is a bit of a technophobe. While most sports grabbed the opportunities of the world wide web, and all that followed, with both hands, the F1 supremo appeared to consider it a passing fad.

Slowly, largely thanks to the efforts of those around him, he is catching on to the idea that one is either part of the information-based technological revolution or one gets left behind. However, the fact is Formula One remains some way behind other sports.

At the end of the 1990s and early 2000s, Ecclestone was involved in a brutal, hard fought battle for the domain name F1.com. Businesswoman and F1 fan Nicky Morris bought the domain name and established one of the first dedicated websites and soon fans found a whole new way to connect to their sport.

Though he had barely heard of the 'interweb thingy' and had no product of his own to offer, Ecclestone fought Morris on both side of the Atlantic in his efforts to take back the domain name and along the way things got very messy.

Aware, but disbelieving, that the web might one day threaten the TV deals on which much of his F1 empire was built, the warning went out that journalists and photographers were at risk of losing their accreditation if they supplied content not only to Morris' site but any of the other young pretenders.

Much of Ecclestone's argument was based on the fact that since he owned the Formula One trademark he believed the domain name belonged to him. This at a time when Morris had taken an enormous gamble and founded a website which by this time employed half-a-dozen full time staff to provide content for the one million regular users. This at a time when the number of serious F1-related websites could be counted on one hand… with fingers to spare.

The battle raged on both sides of the Atlantic, Morris refusing to yield. But then again, why should she?

"We strongly believe that Ecclestone, the ringmaster of the sport for many years, is now using his powerful and cash-rich group of companies in a deliberate attempt to drive Formula1.com out of business," she wrote on the site.

Arguing that there were many other companies using the name 'F1' including a hotel chain and even a power boat series, she fought Ecclestone all the way.

Eventually, he gave in and as a result Morris walked into the sunset with a settlement thought to be worth around $10m and the sport finally had its own official website.

Even though he had lost the battle(s), Ecclestone had effectively won the war and for a while others who had incorporated references to 'F1' or 'formulaone' into their names were concerned that attention might shift to them. There was a certain amount of sabre rattling, a few legal letters sent out, but eventually, having enjoyed little success with the authorities the matter died down.

Until now.

We're not too sure when this page appeared on the official Formula One website - possibly when the sector times were replaced by dots - but the message concerning the sport's various trademarks is clear.

Warning that trade marks used to identify the brand including 'F1 FORMULA 1' logo, 'F1' logo, 'F1 FIA FORMULA ONE WORLD CHAMPIONSHIP' logo, 'FORMULA ONE PADDOCK CLUB' logo, F1™, FORMULA ONE™, FORMULA 1™, FIA FORMULA ONE WORLD CHAMPIONSHIP™, FORMULA ONE PADDOCK CLUB™, PADDOCK CLUB™ and GRAND PRIX™ have been registered in the UK, EU and internationally as trade marks, in connection with a wide range of goods and services, interested parties are advised that such trade marks cannot be used by third parties without a specific licence or permission.

Interestingly, amongst the various guidelines - or warnings - is a section on 'domain names'.

"Our Permitted Word Marks cannot be incorporated into or registered as domain names," it reads. "They may however be used after a domain name as a sub-domain name so long as the use does not make any unauthorised association with third parties. For example, "www.racingfanatic.com/formula1".

Presumably, another example would be, hmm... let's see johnbloggsonf1.com or even f1universe.

Scaremongering maybe, but word reaches Pitpass - you think the choice of name was an accident - that it is very much on FOM's agenda.

By the way, want to know just how controlling Bernie and his legion of lawyers are? Check out the section where one is advised as to how to refer to F1 grammatically.

"Word Marks should be used as attributive modifiers i.e. they should be used to modify a noun for example "Formula 1™ driver", "F1™ racing" we are told. "Word Marks should not be used as nouns. For example "Formula 1™ was great this weekend" should be amended to "the Formula 1™ race was great this weekend"" and "Word Marks should never be used in the possessive form. For example "FORMULA 1's cars".

And in case you are wondering whether this is a late and not very good April Fool. See here.

If only they could give as much attention to their Live Timing App, you know, the one people have paid for.

Chris Balfe

Article from Pitpass (http://www.pitpass.com):

Published: 22/04/2014
Copyright © Pitpass 2002 - 2024. All rights reserved.