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68-610: The word Drascombe is a trademark that was first registered by John Watkinson who applied it to a series of sailing boats which he designed and built in the period 1965–79 and sold in the United Kingdom (UK). They comprised the Coaster, Cruiser Longboat, Dabber, Drifter, Driver, Gig, Launch, Longboat, Lugger , Peterboat, Scaffie, Scaith and Skiff, together with a few other one-offs. They have wide and deep cockpits, adaptable boomless rigs and high bulwarks. The word drascombe

136-406: A lug sail to start with; this was changed to a gunter mainsail but the name was kept. The rudder fits in a case which is set in the aft deck in front of the mizzen mast. It can be lifted up into the case when in very shallow water. A steel centreboard is in a centreboard case with a purchase to lift it. Some (Dabber and Drifter) have a conventional vertical transom with the rudder hung on

204-592: A "first-to-file" system, which grants rights to the first entity to register the mark. However, well-known trademarks are an exception, as they may receive protection even without registration. In contrast, a few countries, like the United States, Canada, and Australia, follow a "first-to-use" or hybrid system, where using the mark in commerce can establish certain rights, even without registration. However, registration in these countries still provides stronger legal protection and enforcement. For example, in

272-743: A Longboat. Between 1978 and 1984, Webb Chiles sailed round most of the world in his Luggers Chidiock Tichborne I and Chidiock Tichborne II . Starting in California in Chidiock I , he crossed the Pacific, then the Indian Ocean, before heading into the Red Sea. Near Vanuatu during the Pacific crossing, the boat capsized during bad weather, then drifted for two weeks while he was unable to bail his flooded boat. After becoming damaged, Chidiock I

340-646: A Mark II model, under the Drascombe Boats brand. An 18' version of the Launch hull with bilge fins for sailing. A Watermota Shrimp inboard petrol engine with fully feathering propeller was fitted. A petrol/paraffin version of the Watermota or even a diesel were available to special order. For sailing it had a standing lug rig similar to the Dabber but with a slightly larger jib and mainsail. Never intended for

408-444: A company or product. A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. Trademark law is designed to fulfill the public policy objective of consumer protection , by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate

476-467: A competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards may vary. To establish trademark infringement in court, the plaintiff generally must show: Trademark

544-630: A distinctive label or ticket'. In the United States , Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time according to its Commerce Clause powers. Congress revised

612-425: A flat run to the transom whilst having a fairly sharp entry at the stem. There is a recessed rear deck level with side benches and a recessed foredeck. Some models have a small one or two-berth cabin. The transom slopes back at an angle of about 45 degrees with the top edge sloping forward giving drascombes a distinctive appearance at the stern . Just forward of the transom is a well to take an outboard motor with

680-437: A generic product or service name. They should stand out from the surrounding text using capital letters, bold type, italics, color, underlining, quotation marks, or a unique stylized format. For example, say “LEGO® toy blocks” instead of “Lego’s.” A trademark may be designated by the following symbols: While ™ and ℠ apply to unregistered marks (™ for goods and ℠ for services), the ® symbol indicates official registration with

748-609: A loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark. Trademarks are often confused with patents and copyrights . Although all three laws protect forms of intangible property, collectively known as intellectual property (IP), they each have different purposes and objectives: Among these types of IP, only trademark law offers

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816-497: A number of privately owned Gigs are about - two were fitted with cabins ( Hippo and Gig ). One was fitted with a tent to allow for extensive cruising ( The City of London ). In private hands the Gig is not for the novice. She has a fairly big sail area and handles and feels like a big boat. At the same time, once in tune with her, she gives her crew great confidence by her easily reefed lug sail and her sea keeping capabilities. Based on

884-437: A slot in the transom that allows the outboard motor to be tilted out of the water when under sail. It also keeps the outboard motor hidden from view. The usual rig consists of a Gunter rigged mainsail set on the main mast, a mizzen sail set on the mizzen mast sheeted to a bumpkin and a foresail . The tan-coloured sails are all boomless to avoid possible head injury from a gybing boom. The original Drascombe Lugger had

952-454: A small open sailing boat (though, later, in 1991, a complete circumnavigation was completed by Anthony Steward in an open 19' boat). Hermes was a standard production model with the exception of a raised foredeck and a few other minor modifications. The boat was built at Kelly and Hall's boatyard at Newton Ferrers by John and Douglas Elliott. In 1973, Geoff Stewart crossed the Atlantic in

1020-409: A storm. Finding that he had lost a lot of gear, Chiles decided to end his attempt at circumnavigating in an open boat. Trademark The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as

1088-701: A whole. Trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on Lego bricks. The earliest examples of use of markings date back to around 15,000 years ago in Prehistory . Similar to branding practices, the Lascaux cave paintings in France, for instance, depict bulls with marks, which experts believe may have served as personal marks to indicate livestock ownership. Around 6,000 years ago, Egyptian masonry featured quarry marks and stonecutters' signs to identify

1156-493: Is "escalator," which was once a trademark. In contrast, patents have a fixed term, typically lasting 20 years from the filing date, after which the invention enters the public domain. Copyrights generally last for the life of the author plus an additional 50 to 70 years (depending on the jurisdiction), after which the protected work enters the public domain. Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to

1224-670: Is also used as a generic term for any boat built to a design by John Watkinson. These include both 'the Drascombe range' build by Churchouse Boats and the 'Original Devon' range produced by Honnor Marine, The Caboteur and Drifter 22 have been designed and built recently following the design principles developed by John Watkinson. John Watkinson died in 1997 and the trademark is now owned by his surviving family. Current builders include Churchouse Boats Limited. Past licensees include McNulty; John Elliott and Douglas Elliott Boatbuilders (licensed to build in wood); and Kelly and Hall, which built

1292-454: Is called a caboose or camboose , originating from the Dutch : kombuis , which is still in use today. In English it is a term used only for a cooking area that is abovedecks. The first basic aircraft kitchens were onboard various airships during the 1920s and '30s. The first airplane kitchen was patented by Werner Sell  [ de ] (Georg Robert Werner Sell) of Germany in 1930;

1360-435: Is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive, fanciful, or arbitrary, and is therefore registerable. In contrast, weak trademarks tend to be either descriptive or generic and may not be registerable. The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent

1428-503: Is required to act as the "basic mark." In the international application, the trademark owner can designate one or more Madrid System Member countries for protection. Each designated country’s trademark office will review the Madrid application under its local laws to grant or refuse protection. In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as

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1496-466: Is subject to various defenses, such as abandonment, limitations on geographic scope , and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment . Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that

1564-606: Is used to refer to both trademarks and service marks. Similarly, the World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. WIPO administers the Madrid Protocol , which allows trademark owners worldwide to file one application to register their trademark in multiple countries. Almost anything that identifies

1632-647: The Paris Convention and the Madrid Protocol , simplify the registration and protection of trademarks across multiple countries. Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow. The term trademark can also be spelled trade mark in regions such as the EU, UK, and Australia, and as trade-mark in Canada. Despite

1700-592: The United States Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others. Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition. International agreements, such as

1768-646: The "basic mark" necessary for Madrid filings. The trademark registration process with the USPTO generally follows these steps: Trademark owners seeking protection in multiple jurisdictions have two options: the Paris route, under the Paris Convention , or the Madrid System , which is administered by WIPO . The Paris route, covering 180 countries and also known as the "direct route," requires filing separate applications with each country’s IP office. In contrast,

1836-433: The Dabber hull and introduced in 1973, the Launch was designed for river and lake fishing. Fitted with a Watermota Shrimp inboard engine and a Dabber mizzen as a steadying sail. Not a very successful model, only 12 being built. Essentially a stretched Lugger, and originally intended as a training craft for sailing schools, Sea Scouts, etc. The boat that started it all, and still as immensely popular as at its introduction at

1904-640: The Earls Court (London) Boat Show in 1968, when the first wooden production boat, Luka was sold within 29 minutes of the show's opening to the public. Luka is now located in the National Maritime Museum Cornwall . The epitome of rugged simplicity, reliability, and seaworthiness in an open boat, the Lugger is equally at home pottering with the kids or undertaking more adventurous expeditions. Designed by John Watkinson in 1973,

1972-429: The European Union requires "genuine use" of the mark within a continuous five-year period following registration to maintain the trademark, with non-use potentially resulting in revocation. The trademark owner must enforce their rights to preserve the trademark's distinctiveness , prevent trademark infringement, and avoid dilution. Enforcement after registration generally involves: Trademark infringement occurs when

2040-524: The Lugger, the Dabber carries a full yawl rig on main and mizzen masts. However, the Dabber can easily be distinguished by its bowsprit and transom-hung rudder. A cruising boat with a cabin and choice of outboard well or 6-8 hp Sabb inboard Diesel engine . Draft 2'+. Long keel with fixed bilge plates. Original spec included sails with roller-reef jib, pramhood canopy, two-burner paraffin cooker, flushing chemical toilet, fitted bilge pump, anchor warp and chain; anti-fouling below waterline. An optional tent

2108-468: The Madrid System streamlines the process by allowing a single Madrid application, built on an existing or applied-for national or regional registration (the "basic mark"), to extend protection to up to 131 countries. Unlike patents and copyrights , which have fixed expiration dates, trademark registrations typically have an initial term of 10 years and can be renewed indefinitely, as long as

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2176-571: The Peterboat was not mass-produced and never built in GRP. Only about 10 wooden boats were built by John Elliott, John Kerr, and Norman Whyte. There was an original version of a 19 ft (5.8 m) Peterboat built by John Watkinson, similar decking arrangement to the drascombe Lugger, but with a gunter rig sporting a curved yard with a large jib,(similar to the rig on 'Cariad') only the one was ever built. A smaller drascombe for single-handed sailing ,

2244-577: The Roman Empire. Other notable trademarks that have been used for a long time include Stella Artois , which claims use of its mark since 1366, and Löwenbräu , which claims use of its lion mark since 1383. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in

2312-516: The Scaffie but with a narrower beam, the Skiff was designed in 1970 and John Watkinson built the first three boats of around 30 that were built in wood by Doug Elliott at John Elliott Boatbuilders. A GRP version wasn't available until 1996. David Pyle sailed his wooden Drascombe Lugger Hermes from England to Australia during 1969 and 1970. This was possibly the longest journey ever undertaken in

2380-431: The Scaffie has no centreboard, relying instead on a long central keel and two bilge stub keels. Rig is a single standing lugsail. Double ended open boat with a standing lug main, small offset mizzen with bumkin and a jib, a folding rudder and galvanised steel centreplate. An outboard motor well is incorporated on the aft port side to carry a small (2 hp) outboard motor. The forerunner to the Peterboat 4.5m. Similar to

2448-528: The Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks. The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the "intent-to-use" principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include

2516-492: The Trademark Electronic Search System (TESS) in 2023. A comprehensive clearance search involves checking the USPTO database for federally registered and applied-for trademarks, state trademark databases, and the internet to see if someone else has already registered that trademark or a similar one. The search should also include looking at both words and designs. To search for similar designs in

2584-486: The UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or

2652-400: The USPTO database, design search codes must be used. WIPO ’s Global Brand Database provides international access to trademarks and emblems. Trademark owners can either maintain protection at the national level or expand internationally through the Madrid System by building on their national registration. To pursue international protection, a national registration or pending application

2720-584: The United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration. Federal registration with the USPTO provides additional benefits, such as: Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. A strong trademark

2788-544: The Year can identify herself as such on her website. Galley (kitchen) The galley is the compartment of a ship , train , or aircraft where food is cooked and prepared. It can also refer to a land-based kitchen on a naval base, or, from a kitchen design point of view, to a straight design of the kitchen layout. A fork galley is the cooking area aboard a vessel, usually laid out in an efficient typical style with longitudinal units and overhead cabinets. This makes

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2856-459: The alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. An example of the first type is that although Maytag owns the trademark "Whisper Quiet" for its dishwashers, makers of other products may describe their goods as being "whisper quiet" so long as these products do not fall under

2924-438: The barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere. The oldest registered trademark has various claimants, enumerated below: Trademark protection can be acquired through registration and/or, in certain countries, through use. Globally, the most common method for establishing trademark rights is registration. Most countries operate under

2992-417: The best use of the usually limited space aboard ships. It also caters for the rolling and heaving nature of ships, making them more resistant to the effects of the movement of the ship. For this reason galley stoves are often gimballed , so that the liquid in pans does not spill out. They are also commonly equipped with bars, preventing the cook from falling against the hot stove. A small cooking area on deck

3060-595: The different spellings, all three terms denote the same concept. In the United States, the Lanham Act defines a trademark as any word, phrase, symbol, design, or combination of these things used to identify goods or services. Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. A service mark , also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. The term trademark

3128-449: The familiar airline service trolley system. The term galley kitchen is also used to refer to the design of household kitchen wherein the units are fitted into a continuous array with no kitchen table, allowing maximum use of a restricted space, and work with the minimum of required movement between units. Such kitchens increase storage space by working vertically, with hanging pots, dish racks, and ceiling-hung cabinets common. Strictly,

3196-422: The first fitted kitchens were delivered 1954, by 1955 Lufthansa had all their commercial planes fitted with a Sell galley. Galleys on commercial airlines typically include not only facilities to serve and store food and beverages, but also contain flight attendant jumpseats , emergency equipment storage, as well as anything else flight attendants may need during the flight. Aircraft in operation today mainly use

3264-466: The hull is now available in GRP. It is 8" wider in the beam than the Longboat with 3" more freeboard. The rig is also 37 sq ft (3.4 m) larger and a 130 sq ft (12 m) cruising chute can be set to a bowsprit . Jean-Louis' boat has a large sleeping platform and a vast amount of dedicated storage. The great number of lockers, together with the added beam and freeboard make

3332-409: The identification of products and services which meet the expectations of consumers as to the quality and other characteristics. Trademarks may also serve as an incentive for manufacturers, providers, or suppliers to consistently provide quality products or services to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision about

3400-574: The late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at

3468-532: The manufacture and provision of products or services supplied by a licensee, such "naked licensing" will eventually adversely affect the owner's rights in the trademark. For US law see, ex. Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011). This proposition has, however, been watered down by the judgment of the House of Lords in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21; wherein it has been held that

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3536-415: The mark remains in continuous use in commerce. If the trademark owner stops using the mark for too long (typically three to five years, depending on the jurisdiction), the trademark rights may be lost. For example, in the United States, trademark rights are based on use in commerce. If a mark is not used for three consecutive years, it is presumed abandoned and becomes vulnerable to challenges. Similarly,

3604-476: The mere fact that a bare license (the equivalent of the United States concept of a naked license) has been granted did not automatically mean that a trademark was liable to mislead. By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to

3672-487: The open Longboat and other drascombes a boom was fitted to the mainsail . Designed to appeal more to private buyers than the open version, the Cruiser Longboat was introduced and sold side by side with the standard open boat. Introduced in 1970 and replaced in 1979 by the Coaster. Over 400 were built. The wooden versions were all custom built and differ considerably from the GRP versions. Although smaller than

3740-475: The original production Luggers in wood. There are basically two types of drascombe. There are undecked open day sailers and one or two-berth weekenders . They were originally designed and built in marine plywood using glued lapstrake construction. As they became more popular, they were then manufactured in GRP .[3] The hull, typically, consists of four strakes each side, the garboard strakes being wide giving

3808-421: The possibility of perpetual rights, provided the trademark is continuously used and renewed. However, if a trademark is no longer in use, its registration may be subject to cancellation. Trademarks can also lose protection through genericide , a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection. A well-known example

3876-527: The private buyer, the Gig is a pure sail training craft designed for use by Navies. Previously, the Royal Navy used the Montagu Whaler for this purpose, but these boats were getting well past their best, and new ones have not been built since the 1950s. The Longboat was considered too small, so the Gig was designed for this specific market. The French navy now uses four Gigs for this purpose. Today

3944-527: The registration of the trademark. A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark infringement lawsuit. In the United States, the USPTO maintains a publicly accessible database of registered trademarks. This database can be searched using the Trademark Search system, which replaced

4012-425: The relevant national authority. Using the ® symbol for unregistered trademarks is misleading and can be treated as unfair business practice. It may also result in civil or criminal penalties. A brand is a marketing concept that reflects how consumers perceive a product or service. It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with

4080-405: The sailing weight nearly twice that of a Longboat. A trailer-sailer with a two-berth cabin (and, with the addition of a cockpit tent, room for two more) including cooking and toilet facilities. Replaced the Cruiser Longboat, having a much improved specification, especially with regard to the cockpit and cabin layouts. A Longboat with a cabin of two berths or one berth and a galley bench. Unlike

4148-426: The same article. For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the ' trade dress ' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as

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4216-405: The same category of goods the trademark is protected under. An example of the second type is that Audi can run advertisements saying that a trade publication has rated an Audi model higher than a BMW model since they are only using "BMW" to identify the competitor. In a related sense, an auto mechanic can truthfully advertise that he services Volkswagens , and a former Playboy Playmate of

4284-486: The source of goods or services can serve as a trademark. In addition to words, slogans, designs, or combinations of these, trademarks can also include non-traditional marks like sounds, scents, or colors. Under the broad heading of trademarks, there are several specific types commonly encountered, such as trade dress, collective marks, and certification marks: To maintain distinctiveness , trademarks should function as adjectives, not as nouns or verbs, and be paired with

4352-488: The stone's origin and the workers responsible. Wine amphorae marked with seals were also found in the tomb of Pharaoh Tutankhamun , who ruled ancient Egypt more than 3,000 years ago. Over 2,000 years ago, Chinese manufacturers sold goods marked with identifying symbols in the Mediterranean region. Trademarks have also been discovered on pottery, porcelain, and swords produced by merchants in ancient Greece and

4420-548: The term refers to a kitchen with the units in two facing lines, but is often used to refer to U-shaped kitchens as well. The first mass-produced galley kitchen design was known as the Frankfurt kitchen , designed by Margarete Schütte-Lihotzky , working under the direction of Ernst May in 1926 for a Frankfurt housing estate. 10,000 units were installed in Frankfurt, and it was the most successful and influential kitchen of

4488-454: The transom. Some (Skiff, Scaith, Scaffie and Peterboat) were double enders with a canoe stern. Of these, the Skiff has no outboard motor well, just a mini triangular transom to take a small outboard motor when the rudder has been removed. The Caboteur is based on the drascombe Longboat but modified to the requirements of French drascombe aficionado Jean-Louis Grenier to create his "ultimate drascombe camping cruiser" Originally in wood epoxy

4556-472: Was also available, extending sleeping accommodation from two to four adults. At the 2007 London Boat Show Churchouse Boats launched the Drifter 22. Paul Fisher of Selway-Fisher was employed to revise the design of the original Drifter. The prototype was built in wood/ epoxy but moulds have been made and production boats are manufactured in GRP. In 2021 Churchouse Boats re-launched the Drifter 22 with

4624-798: Was seized by the Saudi Arabian authorities when Chiles was arrested on suspicion of being a spy. Chiles had a new Lugger, Chiddiock II , shipped to him in Egypt. This he sailed south to cross his previous track and then through the Suez Canal and the Mediterranean Sea out into the Atlantic to La Palma in the Canary Islands . Leaving the boat briefly to visit Tenerife , he returned to find that she had capsized at her mooring in

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