The Tobermory Cat-Troll

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LindaJeanne

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Thank you for posting, Duncan.

This must be very upsetting for you, with your this-will-be-fun-and-good-for-all intentions colliding with such an unexpected response.

I'd love to meet that cat, though :).
 

shadowwalker

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Be interesting to see how others in Tobermory view this mess. After all, it's really their cat... ;)
 

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I am not a lawyer, no! It would need to be deceptive somehow, right?

Trademarking is niche driven. So you'd have difficulty trademarking in the UK, and the EU Tobermory Cat cookies, that is, all instantiations of cookies called Tobermory Cat Cookies.

You'd have to associate the TM with specific design attributes. For instance, with a logo, or a character, the application has to make it very clear that these particular logos or character aspects are unique and create an original and individual and recognizable entity and that trademarking the unique aspects would prevent the public from being confused or deceived.

And then there's all the prior use stuff.

Moreover, the murky history of Mr. Stewart's use and claims and editing and retconning puts him in a very poor light—as does online harassment.

It is harder in some ways to TM in the UK and EU because of the requirements. It's not something one does frivolously, ever.

IANAL

Nor am I actually a ginger tom, all appearances to the contrary.
 
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benbradley

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Hi, :)

Does anyone know where I can get at least eighteen ideas for free?

The last delivery of at least eighteen ideas for free didn't make it. :(
Did you get eighteen broken eggs? Wait, that gives me an idea...
...
I'm off to sue JK Rowling for writing Harry Potter before I could be bothered to get round to it.
Don't let this happen to you! Get one while you can!
 
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Old Hack

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When the idea of the book came up it was I who suggested that Debi and Hugh meet Gus. I had seen Gus taking many photos of the cat. I met with Gus to set this up. He told me about his facebook page. I then suggested to Hugh and Debi that Gus could have a mention in the book to direct all readers to his site to see photos of the real cat, buy postcards and so on. He would be the point of contact for the real cat. To me the opportunities for Gus appeared endless. I thought it was a perfect fit. And that was my mistake.
The treatment of Debi is inexcusable. I have no words.
I very much regret that we were unable to all work together in this very distressing affair.

That was a noble thought you had, Duncan. I'm sorry that it's gone so very wrong; and I hope that Angus will soon come to his senses and try to undo the damage that he has caused.

I wish you, Debi and Hugh the very best of luck with The Tobermory Cat.
 

Terie

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Now that I'm home, where I can get screen captures and load them to my webspace, here's proof that Mr Stewart does not have a UK trademark registration on 'Tobermory Cat':

TC_IPO1.gif


See that part outlined in red? Here's what it would look like if the trademark were registered:

TC_IPO2.gif


Okay, so that's the UK. Here are the equivalent screen caps for the US. Notice once again that there is no indicator that a US trademark has been registered.

TC_USTPO1.gif


And Coca-Cola's:

TC_USTPO2.gif


So, Mr Stewart, at the very least, you might want to stop making untrue statements about this.
 

thothguard51

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To Duncan,

I applaud you for seeing a possible interest in the Tobermory Cats as something to help bring the Tourist back to the Scottish Isles.

I wish Mr Stewart could have seen the same vision.

I wish your bookstore much success...
 

zola_the_gorgon

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I'd like to mention that I copied and pasted the quote as is from the Tobermory Cat website, and the merciless elimination of apostrophes was not my doing.
 

Williebee

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Duncan,

Welcome to Absolute Write. Thank you for the thoughtful post. We all know the adage -- "No good deed goes unpunished." :)

I hope that no further grief comes to you for your kindness.
 

zola_the_gorgon

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Duncan - I agree that your idea of a collaboration was kind, thoughtful and clever. It does seem like a good arrangement all round.

I think Mr. Stewart is not seeing the opportunity here. If the Tobermory Cat becomes even more famous and popular through Ms. Gliori's book, it can only increase traffic to his Facebook page, and sales of his postcards etc.

If Mr. Stewart does want to make money based around the idea of the TC, I believe he might need to rethink his plan. If I understand correctly, he intends to make the cat famous through Facebook and then somehow transform that into licensed marketing.

I can't see how that would work. Just as he can't prevent anybody from writing about the cat, he can't prevent anybody from taking pictures of it either. So unless he's willing to sell his images very cheaply, what's to stop a company sending someone out to take their own pics of the cat with their sign in the background? Mr. Stewart might take a dim view of it, but I'm pretty sure anybody can also draw their own version of the cat, write "approved by the Tobermory Cat" on their website, and so on.

My point is that Mr. Stewart has no legal entitlement to the name "Tobermory Cat". I understand that Mr. Stewart is a talented artist and a film maker. It's a shame to see somebody so creative wasting his time and energy trying to hang on to something that doesn't belong to him. If he's still inspired by the cat's spirit and boldness, it seems that he has many ways he could express that that could be more profitable.
 

thebookshopowner

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Thanks for welcoming me to your forum. The detailed comments coupled with a mischievous sense of fun have informed and lightened this Hebridean saga. To lighten the mood further above is the epicenter of the controversy.
 

RedWombat

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Mr. Stewart might take a dim view of it, but I'm pretty sure anybody can also draw their own version of the cat, write "approved by the Tobermory Cat" on their website, and so on.

I'd offer, but I hate drawing cat heads. There's something about their cheekbones that messes with me every time.

Seriously, though, I could draw the cat--possibly with a bag over his head, to save grief--and call it "The Tobermory Cat" and start a Facebook page dedicated to the One True Real Actual Tobermory Cat, Accept No Substitutes, Everyone Else Is A Stinkin' Liar Wot Lies, AND then write a book proposal based on his adventures and that will still all be legal and kosher and above the board and I won't owe anybody any share of the fabulous wealth that will undoubtedly rain down on me from heaven for doing so.

And when somebody else creates the FB page for the Revealed Truth Of The Tobermory Felines, which has the potential to be the next Celestine Prophecy, I would have no legal recourse to yell at THEM.

But y'all know that already, and now I'm just grumbling, because...yeesh.
 

Filigree

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Duncan, my heart goes out to you, and all the good people of Tobermory. I'm sure they just want the recession to ease. The celebrity Cats are one way to bring tourist income.

I hope Gus comes to his senses soon, but his pride may never let him back down. Facebook is a risky platform for monetizing anything - a few folks have managed to make money, but most users earn little if anything. He stands to gain much more in an alliance, but his window for doing so is shrinking rapidly. If he'd been working with Debi and her publisher from the start, they could be attending events together, getting more-positive media attention, and presenting a united image for the town. What's better than one artist promoting a town's unique character? Two artists - or more! Sales from one tend to feed sales of the others. I know, because I was in trade shows for years.

Sadly, it comes down to too many artists whose egos outstrip their sanity and understanding of common sense business strategies.
 

Williebee

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Thanks for welcoming me to your forum. The detailed comments coupled with a mischievous sense of fun have informed and lightened this Hebridean saga. To lighten the mood further above is the epicenter of the controversy.

"Hebridean saga?"

:). Wow, are you in the right place.
 

James D. Macdonald

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Hello, Duncan. Welcome. (As it happens my younger brother is named Duncan.)

AW is a big site, with lots of things for people who love books and writing. Please look around and join us.

I'm so sorry that all this unnecessary heartache came to you and your friends.
 

DreamWeaver

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And Duncan...we *love* bookshop owners! :heart:
 

Friendly Frog

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I was wondering what the people of Tobermory were thinking about this all up until Duncan posted. It's horrible enough to read about what Ms Gliori had to go through. Seriously, that frightening level of stalking and bullying over a facebook page? Horrendous!

But isn't Mr Stewart happily trying to do what he accuses others of doing? I'm not an expert (so please correct me if wrong) but if his vindictive trademarking goes through, isn't every resident from Tobermory banned from ever writing about their own experiences with the Tobermory Cat or even make drawings of it? Or will the Tobermory cat will live on as The Cat Who Mustn't Be Named?

That said, it must be typical of cats to be at the basis of so much drama, and never know or care. Life would be so much easier if everybody was a cat. (But the first one in my patch of catnip will regret it! Mine!) ;)
 

Mr Flibble

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I was wondering what the people of Tobermory were thinking about this all up until Duncan posted. It's horrible enough to read about what Ms Gliori had to go through. Seriously, that frightening level of stalking and bullying over a facebook page? Horrendous!

But isn't Mr Stewart happily trying to do what he accuses others of doing? I'm not an expert (so please correct me if wrong) but if his vindictive trademarking goes through, isn't every resident from Tobermory banned from ever writing about their own experiences with the Tobermory Cat or even make drawings of it? Or will the Tobermory cat will live on as The Cat Who Mustn't Be Named?

You could always call him The Cat They Call Tobermory (they used that in the WWE to get around CP/TM names) :D
 

Torgo

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But isn't Mr Stewart happily trying to do what he accuses others of doing? I'm not an expert (so please correct me if wrong) but if his vindictive trademarking goes through, isn't every resident from Tobermory banned from ever writing about their own experiences with the Tobermory Cat or even make drawings of it? Or will the Tobermory cat will live on as The Cat Who Mustn't Be Named?

Apparently not. See Ketzel's post earlier.
 
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