RED GULL Markenzeichen ® – RED GULL Trade marks ®
Announcement of 1st of Decmber 2017, about unauthorised use of RED GULL Oy protected brands & intellectual property.
We do not grant any rights for the use of our names, brands, logo’s, formulations, photos, texts and marketing & sales presentations – our intellectual properties and copyright protected properties. Never mind in written (paper) or online form (internet), these will not be granted to third parties or such parties, that are not in an professional relation to RED GULL Oy/Ltd, Finland, or act in favour of third parties.
Misuse may have legal consequences. In case of commercial misuse, legal actions can be started any time, without prior notice and a marketing & promotion fee will be charged for the use of our work.
Charges will be effected for cases of discovered unauthorized use, starting per 01.12.2017. See more info on price of marketing & promotion fee below!
Marketing & promotional fee
For unauthorized use of RED GULL Oy intellectual and copyright protected property, a marketing and promotional fee will be charged at discovery (published in our news-blog 01.12.2017)
In case of discovery of unauthorised use of our intellectual property or our copyright protected publications, our non registered brands and our registered brands, our name, our pictures, our photos, publications about our products, publications about our company and other promotional texts and materials, we will give you notice of the unauthorized use and will charge you a promotion & marketing fee of 1.500,00 € per discovered item. This relates to all cases of unauthorized commercial use of our property, for what so ever.
The marketing & promotional fee for unauthorized use is 1.500 € per used item and is charged for compensation of the commercial loss, the commercial & image damage in public conception, when you commercialise our work for third parties. The marketing and promotion fee does not grant you any further use of our property! The fee does not relate to time that the unauthorized property is in use, it only relates to the fact, that it is in use – unauthorized!
Payment of the fee does not free you from any legal responsibility regarding the misuse and its effects on misconception and confusion in public perception and of customers, as regulated with and by trade mark laws.
The charged marketing & promotion fee relates to the intensity and quanity of misuse of our properties. A single item is charged 1.500,00 €:
e.g. the name RED GULL = 1.500,– €,
e.g. a copyright protected photo or a section of a copyright protected photo 1.500,– €,
e.g. our registered and unregistered brands or brand names 1.500,– €
Multiple discovered items will add to each other, e.g.:
Name RED GULL + copyright protected photo+ protected brand + Link to your third party+keyword for SEO= 7.500 € in total.
The amount will be invoiced to you by Email with a prompt payment term of 3 days after discovery. At non respect of the payment term, the invoice will be immediately handed over to Intrum Justicia for collection, in this case further charges arise.
Explanations to the origins & backgrounds of our brands & product names
Descriptive & Backgrounds
The trade marks “red gull”, “red-gull.com” & “Sail Regeneration” are brand names published 2007, i.o. to market a new, specific & unique treatment for restoration & recycling of Dacron sails.
Above three brands and product names are since their creation in 2007 under copyright by RED GULL Oy, Finland.
All brand and product names have been created, to set the company and the products clearly apart from other sail service products, in the like of the sailmaker terms of sail refits and sail laundry terms for sail cleaning/washing.
The term “Sail Regeneration” is a 2007-2008 first time publicly used term and artificial word creation by RED GULL Oy, to describe this newly process. The product brand name “Sail Regeneration” reflects to it’s technical restoration impacts on Dacron sails, it is “regenerating” old, mostly lost properties of the sails.
The process and technology behind the “Sail Regeneration” process is an invention and as such property of RED GULL Oy, Finland. Nor the process, nor the brand and the product names are licensed to 3rd parties for own production and commercial activities.
Descriptive part of name
1.) (colloquial) re-energize, revitalize,
2.) (biology-medicine) emerge new, form again (from injured, dead: tissues, organs etc.),
3.) (technology) restore by appropriate treatment,
4.) (technology) recover from used polluted materials usable Substances, valuable/rare raw materials, worn parts,
As per 17.07.2017 the European Court has ruled to allow descriptive formulations for protected brands in chemicals and chemical processes, as given with the RED GULL PRO-2 Sail Regeneration.
EU – registered trade mark number
Trade mark motive & text
RED GULL Oy/Ltd – Official company logo
RED GULL PRO-2 Sail Regeneration,
Company logo & product brand in words
RED GULL Oy/Lt, company logo
Outline logo for use with contrast items
(Page latest update, as per 29.05.2018)
As per 1st of June 2018 the allowance of use of our intellectual property & protected brands for sales and marketing purposes, is withdrawn.
This relates to all our former sales partners, sales representations and other former partners, as well as any 3rd parties, making unauthorized use of these.
In case of discovered non respect we will charge the use of our protected brands & intellectual property as per above announcement of 1st of Decmeber 2017.