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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 8521
Experience:  Solicitor
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25/07/2018 09:56 Jamie-Law Jamie-Law Solicitor and I will

Customer Question

25/07/2018 09:56Jamie-Law Jamie-Law Solicitor
Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.25/07/2018 09:56Jamie-Law Jamie-Law Solicitor
Is it within the same subject field?25/07/2018 09:57yes
25/07/2018 09:58Tactical Periodization is a football training methodology
25/07/2018 09:59there are many books with this phase https://www.amazon.co.uk/s/ref…
25/07/2018 10:00as you can see on Amazon there are 7 including our book that include the phase "Tactical Periodization"
25/07/2018 10:02Jamie-Law Jamie-Law Solicitor
Ok. But you are not saying it is anything to do with Mr Frade?25/07/2018 10:02no, however he is mentioned in the book
25/07/2018 10:03the book is written by 2 Football Coaches / PhDs https://shop.soccertutor.com/T…
25/07/2018 10:05Frade is referenced in the book when mentioned
25/07/2018 10:06Jamie-Law Jamie-Law Solicitor
Ok. Then you do not need to worry. As long as it is not confusingly similar then you have no issue.If it was using the same name on the title, logo or cover then it could be a problem.But the test is -would a consumer be confused.If the answer is no, then there is no breach.I am satisfied based on what you have said, that there is no breach.You therefore do not need to take any further action.Can I clarify anything for you about this today, please?If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.25/07/2018 10:06we just done a quick count of 244 pages Frade is mentioned about 50 times but always referenced
25/07/2018 10:08Jamie-Law Jamie-Law Solicitor
Ok. If it’s referenced and only short, then you are ok.Does that assist?25/07/2018 10:09there is a page in the book called can I upload it here quickly for you to review
25/07/2018 10:11Jamie-Law Jamie-Law Solicitor
Sure.25/07/2018 10:13this is the one page, it's a photo of frade with the 2 authors
Tactical Periodization - A Proven Successful Training Model.pdf
25/07/2018 10:15Jamie-Law Jamie-Law Solicitor
That’s just, in effect, a CV.That is ok.Does that assist?25/07/2018 10:15great thanks
25/07/2018 10:21Jamie-Law Jamie-Law Solicitor
Can I help with anything else today?25/07/2018 10:26Jamie-Law Jamie-Law Solicitor
Can I help with anything else today?My goal is to provide you with excellent service. If you are satisfied, please rate me. If you have follow-up questions on this same topic, use the reply box below. To start a new conversation with me on a new topic, request me again.
09/08/2018 01:13Hi Jamie, Vitor Frade Lawyer sent me an email today, therefore need additional advice
09/08/2018 01:58I attached the email I received from Vitor Frade's lawyer
Infringement of industrial property rights_ EU trademark _Periodização Táctica_ .pdf
09/08/2018 01:59I searched this trademark https://euipo.europa.eu/eSearc…
As you will see the trademark name is "PERIODIZAÇÃO TÁCTICA BY VÍTOR FRADE" which translates to "Tactical Periodization by Vitor Frade"
09/08/2018 02:02As mentioned in our previous discussion on 25 July, the name of our book is called "Tactical Periodization - A Proven Successful Training Model" therefore i'm sure we have not infringed on the European trademark:###-##-####09/08/2018 02:03Inside the Book, Vitor Frade is mentioned about 50 times but always referenced, we discussed this last time and you said it's perfectly fine
09/08/2018 02:05Question is:
1. Have we infringed on their trademark?
2. Have they got it all wrong if so what should I do?
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
Please refer to the attached file as its easier to follow
Customer: replied 2 months ago.
Email from Lawyer
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 2 months ago.

What is it you would like to know about this further?

Customer: replied 2 months ago.
Did you read above
Customer: replied 2 months ago.
I included everything
Expert:  Jamie-Law replied 2 months ago.

You want to know:

1. Have we infringed on their trademark?
2. Have they got it all wrong if so what should I do?

Is that right?

Customer: replied 2 months ago.
but i included info on the lawyers email
Customer: replied 2 months ago.
I included a link to their trademark
Customer: replied 2 months ago.
Are you still looking into this or busy?
Expert:  Jamie-Law replied 2 months ago.

I was looked it at this. I have reviewed all the information.

1) No, you just used and credited the use

2) They are just trying to bully you. Clearly if it went to court litigation is never certain, there is always a risk you could lose.

But based on what you have told me, I think you have a decent defence. If you don’t want the litigation risk you can remove all reference. That way they have no claim.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 2 months ago.
Ok thanks
Expert:  Jamie-Law replied 2 months ago.

Can I help with anything else today?

Customer: replied 2 months ago.
No that’s it thanks
Expert:  Jamie-Law replied 2 months ago.

Great. If I could invite you to rate as always. Thanks.

Expert:  Jamie-Law replied 2 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.