Taking Photo's of brands/Copyright etc

[Brian McIntosh]

I totally agree . Maybe there is more to it than defamatory remarks?

 

[Former Member 1]

If it's of any help Bedee I'll happily forward you a copy of the HN unit number DH8K 35 Law and the Communication Industries. Outcome 1 of that unit covers defamation.

...Yes Beedee; THAT'S the unit I teach. The one which has been vetted by the SQA. I'll paraphrase from the notes for that unit (remember; they HAVE been checked by a REAL lawyer!)

In law, defamation is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation.

NOTE Bedee; No FALSE statement has been made about you. You ADMITTED various things here today which show you up in a very poor light and essentially verify everything that has been said specifically about you. THAT Sir, is ENTIRELY of your own doing.

Another important aspect of defamation is the difference between fact and opinion. Statements made as "facts" are frequently actionable defamation. Statements of opinion or pure opinion are not actionable.

In order to win damages in a libel case, the plaintiff must first show that the statements were "statements of fact or mixed statements of opinion and fact" and second that these statements were false. Conversely, a typical defence to defamation is that the statements are opinion. One of the major tests to distinguish whether a statement is fact or opinion is whether the statement can be proved true or false in a court of law. If the statement can be proved true or false, then, on that basis, the case will be heard by a jury to determine whether it is true or false. If the statement cannot be proved true or false, the court may dismiss the libel case without it ever going to a jury to find facts in the case.

If, as appears to be suggesting, you've had your American lawyer friend contact his host then that, quite frankly is laughable. And in my opinion is is to that lawyers great discredit that they sought to intervene in a matter which took place in a territory in which they have no standing.

I suspect that any credible solicitor will tell you to quit while you're behind. But I'd be delighted to see you in court!

 

[Former Member 1]

I totally agree . Maybe there is more to it than defamatory remarks?

Like what?

Other than what's out in public and online here; and apart from what was removed without my authorisation from threads on the other forum, I've never had any contact or dealings with this guy.

The only 'more to it' is that this man has exposed himself for what he is.... And I dare say that's embarrassing for him. But nobody asked him to post what he did either here on on the FSB forum.

 

[beedee]

Can you please remove my name and address from the post above.

 

[Brian McIntosh]

What I meant was, maybe it's nothing that regular members of THIS forum have said. Why else try and remove everything that was said?

 

[Former Member 1]

Can you please remove my name and address from the post above.

As you're apparently going 'round threatening legal action I'm disinclined to alter anything that's on record.

I will, gladly mask it , when you explain why it's not on your own website as per legal requirements and make suitable modifications to your own site that allow you to be identified; AS THE LAW requires.

You go on about courage of convictions, yet hide behind a nickname and a trading name.

 

[Scottish Business Owner]

Your name and address is fully accessible from your site, i.e it's in the public domain. Could you explain why you want these details removed?

 

[Former Member 1]

What I meant was, maybe it's nothing that regular members of THIS forum have said. Why else try and remove everything that was said?

Obviously it reveals much about the way he operates.

 

[beedee]

Can you please remove my name and address from the post above.

 

[Former Member 1]

Your name and address is fully accessible from your site, i.e it's in the public domain. Could you explain why you want these details removed?

Actually ; I couldn't find his name on the site.... That's not to say it's not there but certainly in terms of compliance with legal requirements it does seem well buried.

 

[Former Member 1]

Can you please remove my name and address from the post above.

You have my response to this....

Please indicate where on your own site your compliance with the law on this issue can be demonstrated.

 

[Scottish Business Owner]

His address is on his terms document which is accessible from his site. While his name isn't there a very simple whois search reveals it so it's all publicly available material.

 

[Former Member 1]

His address is on his terms document which is accessible from his site. While his name isn't there a very simple whois search reveals it so it's all publicly available material.

Am I right in thinking though that a sole trader MUST show their status as (for instance)....

"Joe Bloggs" T/A
"Monkeynut designs"

And that this must be on all their stationary?? Including the website??

I know things are a bit blurred at the moment from the point of view of getting info.... I'm seeing this.

About Us - Guidance

His name, I had to establish through another contact.

 

[Scottish Business Owner]

How about the below as clarfication?

Companies to update websites and email footers before 2007 | OUT-LAW.COM

 

[Former Member 1]

How about the below as clarfication?

Companies to update websites and email footers before 2007 | OUT-LAW.COM

The name of the organisation with which the customer is contracting must be given. This might differ from the trading name. Any such difference should be explained – e.g. "XYZ.com is the trading name of XYZ Enterprises Limited."

Which, as with the info at Companies House, tends to suggest that sole traders must include their real name....

I can find that NOWHERE on his site.....

 

[beedee]

Listen, this is getting out of hand. I now realise that you are hosting your own website but that does not allow you to what you like, for example posting people names and addresses in a forum without their permission. There are standards that must be complied with.

Incidentally there is no law that I am aware of that requires sole proprietors to post their full contact details on their websites. The 2007 companies act requires limited companies to post such details but not sole proprietors, but I stand to be corrected.

 

[beedee]

Can I once again ask you to remove my name and address from the post above?

 

[Former Member 1]

Can I once again ask you to remove my name and address from the post above?

Contents Introduction
1. Business Names
2. Disclosure rules
3. Further information
This is a guide only and should be read with the relevant legislation.

* Business Names Act 1985
* Companies Act 1985
* Companies Act 2006
* The Companies (Trading Disclosures) Regulations 2008 - SI 2008/495

Introduction

Business names are not registered under the Companies Act nor with any government department. However, the Business Names Act 1985 gives the Secretary of State certain control over the name you choose for your business and what you must tell others about the ownership of the business.

In addition, some words and expressions are controlled by other laws and the use of one of these words could constitute a criminal offence. Further information is included in this guidance.This guidance is not a complete statement of the law. If you are unsure about any of the details, you should read the law yourself or obtain professional advice from, for example a solicitor. Any business names shown in this guidance are fictitious.

The Business Names Act 1985 requires any person carrying on business, whether or not incorporated, to:

* obtain the Secretary of State's approval before carrying on business using any of the words listed in Appendices A and B;
* ensure the use of any of the words listed in Appendix C does not constitute a criminal offence; and
* make certain information available to others about the ownership of the business.

From 1 October 2009 the Business Names Act 1985 will be replaced by the Companies Act 2006 but these requirements remain in force.

Chapter 1
Business names

1. What is a 'business name'?

A business name is a name used by any person, partnership or company for carrying on business, unless it is the same as their own name.
2. What checks should I make before using a business name?

It is advisable to make a number of checks to see if any other business or company is already using the name. You can:

* check the company names index at Companies House
* phone our Contact Centre on +44 (0)303 1234 500;
* check local phone books and any relevant trade journals or magazines; or
* contact the trade marks registry of the UK Intellectual Property Office at UK Intellectual Property Office, by phone on 08459 500 505 or by e-mail at: [email protected]

These checks will help you avoid any future legal difficulties over the use of a name but you might also wish to obtain professional advice from a solicitor, especially if your chosen name could be confused with an existing trademark.

3. Who does the Business Names Act apply to?

The Act applies to:

* an individual who trades under a name which is not his or her surname. It makes no difference whether the individual's first names or initials are added. So the Act would apply to Mr JQZ Singh if he traded as 'Singh Antiques' but not if he traded as 'Singh' or 'JQZ Singh'.
* a partnership which uses a specific business name and does not trade under the names of all the partners; and
* a company or Limited Liability Partnership, which trades under a name which is not its corporate name, for example, 'J Smith Limited' trading as 'Fish Antiques'.

For the THIRD time; you HAVE my response.

 

[Former Member 1]

There are standards that must be complied with.

Is the irony of this statement lost on anyone? :laugh::laugh::laugh::laugh:

 

[Scottish Business Owner]

Are you being serious! You've came on here and posted "what you like". It has got out of hand but you need to accept your share of the responsibility for that.

What standards are you actually referring to here? I've found your address details from your site and your name from a very simple who is search which took me five seconds. It's all public information that is very simple to obtain.

Why dont you just admit you are wrong plain and simple instead of digging an even bigger and bigger hole.