Sunday 28 June 2009

Intellectual Property Office-How they aided a crook. 22.

I have long talked about trying to get a Judicial Review, which anyone can ask for should they think a judicial process has been carried out incorrectly. I certainly think most of what the Intellectual property Office has done has been incorrect and perverse, and as I have reached the end of all of the processes, I could ask for one.
However it is not as simple as that as you need to know the procedure for doing so and the case you put forward for one must be legally correct. One can be a litigant in person, but it is not as easy as you may think. First of all you have to get your request in no more than 3 months after the cessation of the last process, and that is not long enough for the amateur lawyer. Then you have to know how to put it all together in a way that will be legally acceptable AND will cover ALL the legal points you think have been incorrectly dealt with. In such a complicated case as this, you really need an I/P lawyer to do all this.
As I have pointed out many times, in this wonderful country of ours justice is only available for the rich. The peasants with little or no money can whistle, because how can a peasant afford fees of £300 per hour to £500ph ? Seeing as the Labour Party since it's been in power, has destroyed legal aid for the peasants it was always supposed to represent, it is impossible to get legal aid for such a legal case. No I/P lawyer will do ANY work on I/P on legal aid, so effectively your stuffed.

I did contemplate doing as a litigant in person, but first of all I thought I would get the advice of one that has gone down that route. Some years ago in Sussex a young woman called Georgina Downs went to Court to get J/R over farmer spraying insecticides next to peoples houses and poisoning them. She had lived next to a field and the farmer had done this to her family with bad effects on all their health. I found a website she had and got in touch with her. I spoke at length with her over how she was able to do it and what had happened .
Basically after that conversation it was obvious that what I would have to go through would be a none starter for me. She was a young person when she started (around 20) and it had gone on for 6 years plus and was still unfinished. Firstly it would take up to a year to even get started, then it could get delayed due to the tactics of the opposition (in this case the IPO) and even if you won, they could go for an appeal.
Plus she had had the help of a barrister who she found who worked on reduced fees. She had spent untold time researching the legal side so she herself could do all the legal legwork. So it had taken over most of her life. In my case all this, I decided was too much to pay. Being 68 now, I certainly did not want to have this TAKE OVER all of my life and what may be left of it. Hence why I wanted an I/P barrister to do that.
Knowing the way all civil service departments work, the IPO would make it as difficult as possible and as slow as possible, and they of course have a bottomless pit of money they can draw on. The tax payer of course funds them and you just know that if they lost they definitely would use the taxpayers money to appeal. So it costs them nothing and they do not want ever to be found to be in the wrong. So I decided that I would reluctantly have to let the injustices heaped upon me, go. Even if it sticks in the craw to let them and that lying bastard Busbridge get away with the outright theft of my I/P and all the rest.


Friday 26 June 2009

Intellectual Property Office-How they aided a crook. 21.

As I said in my last post, this pathological liar has lied his way into achieving his ultimate aim of stripping me, with the aid of those complete wankers at the IPO, of my stolen I/P rights. Busbridge, has now reactivated the Invalidity action to have my Registration declared invalid, which he had started in 2003 prior to the hearing when he applied to register my Mark. It was put on hold until all the actions that have gone on since then, which the IPO have seen fit to believe him on each occasion. Now they are all at an end he has been able to ask for it to be reactivated. The so called evidence he put forward with application was once again laughable. However the IPO like most British civil service and justice departments seem always to believe the criminals and discount anything the victims of the criminals, say. If you read his rambling page by page never ending diatribe of lies and rubbish, non of which were backed up by evidence, you would have to wonder just how any hearing officer of the IPO could believe such obvious trash. But as you have read they did. The hearing officer Reynolds who is well known for being useless in I/P circles, unbelievably declared that I had "abandoned" my trade mark in 1990/1991 to Busbridge. This despite all the evidence I showed that I did no such thing. He chose not to even get his head around the fact that no one who half a brain would abandon a trade mark which they had used for 5 years, putting huge effort into building up, who also had entered into a 10 years battle with a huge multi national company, Chrysler, at high cost, to stop them from pinching the trade mark. Why would anyone having done all that just throw it all away in 1990/1991??????? He poo pooed the evidence I showed of all the orders and invoices between me and Busbridge in 1990/1991 showing me supplying the liar with kits and many parts. So by trashing my rights at that point, I end up not being able to retaliate and appeal because I could not afford up to £50K to do so. (who can except the rich....THIS IS BRITISH JUSTICE AT WORK ONCE MORE) So the other endless hearings were a result and which got me nowhere.
So now I am into the SIXTH hearing when I will once again put forward THE TRUTH, backed up by hard documentary evidence, which will be once gain ignored by the IPO. They of course cannot afford to find for me no matter what I say or show, for they cannot be seen to have made any mistakes in the past hearings. To find now for me will do this. However I will just have to go ahead with this.
What this piece of lying trash is saying is that it was I who stole the trade mark off him and the kits I sold amounted to my "passing off "HIS designs and trade mark". One of his many lies is that he has traded with the mark VIPER since 1987. It is well documented that I did not even take him on until 1988 as my agent and during 1988 to 1991 it was I who manufactured the kits and supplied him as my agent. It is not possible, legally, for anyone to claim when acting as an agent, that the trade mark of the company they act as agents for, can be claimed by them. So it is clear that he was NEVER in a position to use my trade mark until the point when he stole my designs and my trade mark in mid 1991, and even then he was not able to manufacture his copies of my product until late 1991 and even early 1992 as it took him that long to set up suppliers of the chassis and body.
So it will be a long slog to write out my evidence to the contrary of his lying allegations, and one cannot help wondering is it all worth it to eventually have whatever I say and show, to be trashed once again by the corrupt IPO lot.