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'Tom Archer Sausages'.....?
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Message 1.聽
Posted by barwick_green (U2668006) on Friday, 16th September 2011
...I am certain than when Tarm, in his hissy fit, decided to quit his business deal with Brian Aldridge that the latter retained the 'TAS' brand and Tarm had to market his sausages under the Home Farm range.
If the bumptious graceless little git wants to re-brand his (99.9% rectum free) goods under his own name them he'll presumably have to purchase the name back from Brian (who won't be minded to sell them cheaply).
Can anyone/Tayler please confirm that my memory isn't playing tricks? -
Message 2
Posted by Leaping Badger (U3587940) on Monday, 19th September 2011
Yes, I thought that was the case - although Bridge Farm rather than Home Farm (assume that was a typo). I think also that Tony would only allow Tom to bring his operation back to the farm premises if he sold it under the Bridge Farm brand. Perhaps that was everything except sausages. So, yes, I think you're more or less right in what you say, but my memory of the events is hazy. So not much use really.
'脰' -
Message 3
Posted by mankberri (U14406433) on Monday, 19th September 2011
Brian reacts predictably to Tom's news about the new herd, pointing out he'd rather Tom's energies were directed into their joint venture. And he won't be allowing the organic brand to carry the Tom Archer name. Tony says Brian is a dog-in-the-manger. But Tom and Tony agree on the name for the new brand - Bridge Farm.
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Message 4
Posted by Reggie Trentham (U2746099) on Tuesday, 20th September 2011
I would have thought that it's quite likely that, having got over his annoyance at Tom leaving the Aldridge empire and the TAS brand being useless to him, Brian has let Tom have the brand name back in the intervening years.
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Message 5
Posted by Scarlett the Harlot (U14540168) on Tuesday, 20th September 2011
I would have thought that it's quite likely that, having got over his annoyance at Tom leaving the Aldridge empire and the TAS brand being useless to him, Brian has let Tom have the brand name back in the intervening years.聽
I doubt it. Tom used Brine and then dumped him when it suited him. I don't think Brine would spit on Tom if he was on fire and he surely won't give a flying briefcase about Bridge Farm. -
Message 6
Posted by Reggie Trentham (U2746099) on Tuesday, 20th September 2011
Brian has never struck me as a particularly vindictive person. He fights hard but does seem the sort of person to bear grudges.
Anyway he has a strong sense of family as we know and Tom is is nephew, albeit by marriage. Even if he didn't give the the brand name back to Tom voluntarily I'm sure Jennifer would have persuaded him. It's a small recompense for his sins against her after all.
Just a differing perception of character I suppose. -
Message 7
Posted by barwick_green (U2668006) on Tuesday, 20th September 2011
I would have thought that it's quite likely that, having got over his annoyance at Tom leaving the Aldridge empire and the TAS brand being useless to him, Brian has let Tom have the brand name back in the intervening years.聽
I doubt it. Tom used Brine and then dumped him when it suited him. I don't think Brine would spit on Tom if he was on fire and he surely won't give a flying briefcase about Bridge Farm.聽 But Brine - being to true to his soubriquet - won't hand back the 'Tom Archer Sausages' brand back without makling sure he gains something from it himself. Tarm can't just reclaim it without prior legal agreement otherwise he might find himself saddled with a 拢10K bill (God willing).
The point of this thread was that the scripties can't just gloss over this issue and allow Mr Bombastic revert to 'TAS' as if he has sole rights to the brand name. -
Message 8
Posted by mankberri (U14406433) on Wednesday, 21st September 2011
Tuesday 2nd September2008
One thing Brian makes very clear: the Tom Archer brand name is associated with non-organic sausages; Tom may not use it for the new venture. -
Message 9
Posted by Reggie Trentham (U2746099) on Wednesday, 21st September 2011
The point of this thread was that the scripties can't just gloss over this issue and allow Mr Bombastic revert to 'TAS' as if he has sole rights to the brand name. 聽
Despite being a self-professed 'alpha male' Brian doesn't seem to me to be an ungenerous person, especially, as in this case, when a generous gesture would cost him nothing. Quite the opposite in fact. A gesture like that might be a way of him showing what a big man he is.
There is no reason why, after the heat had gone out of his dispute with Tom, he shouldn't have given the rights to the brand back to Tom. Its of no use to him after all.
Why should the SWs complicate things for themselves and why should we demand that they do?
On the other hand they may well have an episode in mind where Tom goes cap in hand to Brian. We shall just have to wait and see. -
Message 10
Posted by Dinah Shore (U14984316) on Wednesday, 21st September 2011
Yes it is of use to brian, he markets his venison sausages under the name.
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Message 11
Posted by Spartacus (U38364) on Wednesday, 21st September 2011
So, do we think "Tom Archer's Borsetshire Sausages" is different enough to avoid a lawsuit?
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Message 12
Posted by Dinah Shore (U14984316) on Wednesday, 21st September 2011
Or DOES he?
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Message 13
Posted by Tayler Cresswell - Host (U14232848) on Wednesday, 21st September 2011
...I am certain than when Tarm, in his hissy fit, decided to quit his business deal with Brian Aldridge that the latter retained the 'TAS' brand and Tarm had to market his sausages under the Home Farm range.
If the bumptious graceless little git wants to re-brand his (99.9% rectum free) goods under his own name them he'll presumably have to purchase the name back from Brian (who won't be minded to sell them cheaply).
Can anyone/Tayler please confirm that my memory isn't playing tricks? 聽
Hi all
I'll ask the team as the history of the Tom Archer sausages' brand name is lost in the mists of time for me.
I can't remember any recent reference to Brian using the name.
Will post back when I have news!
Tayler -
Message 14
Posted by Tayler Cresswell - Host (U14232848) on Thursday, 22nd September 2011
...I am certain than when Tarm, in his hissy fit, decided to quit his business deal with Brian Aldridge that the latter retained the 'TAS' brand and Tarm had to market his sausages under the Home Farm range.
If the bumptious graceless little git wants to re-brand his (99.9% rectum free) goods under his own name them he'll presumably have to purchase the name back from Brian (who won't be minded to sell them cheaply).
Can anyone/Tayler please confirm that my memory isn't playing tricks? 聽 Hi Barwick_Green
After Tom left the partnership with Brian - Tom brought him out - that was that. Brian certainly hasn't used the Tom Archer name for any products since.
I think Leaping Badger is right about the brand name change being down to Bridge Farm's organic status rather than Brian wanting Tom to change the name (but I'll check this with the team!).
Tayler -
Message 15
Posted by Dinah Shore (U14984316) on Thursday, 22nd September 2011
Did you miss this comment above?
Tuesday 2nd September2008
One thing Brian makes very clear: the Tom Archer brand name is associated with non-organic sausages; Tom may not use it for the new venture. -
Message 16
Posted by Tayler Cresswell - Host (U14232848) on Friday, 23rd September 2011
Hi Dinah
That synopsis is only part of the story...
In 2008 when Tony and Pat decided they wanted to buy their farm both Helen and Tom supported them in their intention of turning it into more of a family business.
Tom had his (non organic) pigs at Home Farm and was in partnership with Brian. Tom told Brian that he wanted to move the business back to Bridge Farm, but Brian pointed out that he had put a lot of money and effort into Tom's pigs. So Tom had to stay at Home Farm.
Tom's solution was to set up a second pig herd at Bridge Farm. It was at this point while they were still in partnership that Brian said Tom was not to use the Tom Archer brand for his Bridge Farm pigs.
The following year Brian set up a deal with a supermarket that Tom found he could not work with. After an attempt to get money from Matt he finally got the funding from Peggy and at that stage Brian was bought out of the partnership and the ownership of pigs and business.
Hope that explains everything! : )
Tayler -
Message 17
Posted by orson cartier (U2255827) on Saturday, 24th September 2011
If they have trademarked the name they would also have had to trademark it under a certain class, in this instance
Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps.
Probably TM it under 30&31, too.
It could either be registered under a company name or an individual. If a TM is part of company鈥檚 assets and the business folded then the TM as part of the assets would be available for anyone to buy and if creditors are involved would be sold (if any mug out there wanted to buy it) to pay them off.
Trademark renewal is every 2 years and someone would have to maintain it or they could lose the mark. Whether or not Brian would have done this seems unlikely whether Tom would have I guess might be down to whether Tony would stump up for it or not.
Can also trademark the words and/or the style of the logo but I think in this case they wouldn鈥檛 have bothered trade marking the stylized version..
Tom has re branded his sausages 3 times now. -
Message 18
Posted by Dinah Shore (U14984316) on Saturday, 24th September 2011
That's interesting.
So if Brian has been using "Tom Archer Sausages (venison)" and we heard Tom say Morris was going to Home Farm for butchery fairly recently, so no reason why he isn't: then can Tom use "Tom Archer sausages(pork)" without crossing the trademark line? -
Message 19
Posted by orson cartier (U2255827) on Saturday, 24th September 2011
Not that 2 companies can hold the same trademark in the same class but this is where trademark agents earn their fees.
In theory, whoever owns the TM could do a licensing deal with the other which means that if Brian owns the brand name Tom would have to pay him money to license it.
So, though I am no expert I think in RL the answer would be no. There would certainly be a problem re brand confusion with both the consumer and retail. But then they are family, it depends if Brian wants to extend the brand and how he feels about Tom.
There is also the www problem. If 2 separate companies both have a website called TomArcherSausages (e.g. one ending in .com and one .co.uk) both selling different products. If Tom has bought the domain name and Brian owns the TM there could be further problems and either compensation due or the possibility of taking down the website. -
Message 20
Posted by Dinah Shore (U14984316) on Saturday, 24th September 2011
Thank you.
I look forward to fireworks! -
Message 21
Posted by Reggie Trentham (U2746099) on Saturday, 24th September 2011
The flaw in this train of discussion is that we don't know that Brian still owns the brand and if he does we have Tayler's word that 'Brian certainly hasn't used the Tom Archer name for any products since". Why on earth should Brian want to market any of his products under the Tom Archer brand name?.
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Message 22
Posted by orson cartier (U2255827) on Sunday, 25th September 2011
I don鈥榯 think this is an outcome either but could have been a possible window into one, I guess
Yes, Taylor did say 鈥溾.and at that stage Brian was bought out of the partnership and the ownership of pigs and business鈥 but did not say 鈥溾漚nd its trademarks鈥濃 .. which Brian would have held if we were doing Venison sausages.
鈥溾滲rian certainly hasn't used the Tom Archer name for any products since鈥濃 .. (2008) and No, I can鈥檛 recall if I鈥檝e heard anything about Brian鈥檚 venison sausages since then and it must be coming up to that venison time of the year.
[I think they would have had more problems with the Bridge Farm name, anyway. I see there鈥檚 a Bridge Farm trading in Cheshire..] -
Message 23
Posted by Spartacus (U38364) on Sunday, 25th September 2011
I see there鈥檚 a Bridge Farm trading in Cheshire..聽
I wonder how /they/ like the "Bridge Farm products are toxic" storyline. -
Message 24
Posted by orson cartier (U2255827) on Sunday, 25th September 2011
I thought about that too Pete.
I guess they can鈥檛 be part of The Archers listenership [unthinkable I know] or use social media like Twitter and Face book [unthinkable I know (2)]..
[I can hear a phone ringing - phone call for Mr Clifford, Cheshire calling]
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