Sussex Heights Residents Association

Discussion held on Wednesday 11th January with Julian, Karin, Sarah, Allan, Tom & Phil between 7-8pm at 3d.

Different understandings were expressed about why the current disconnect exists between the Sussex Heights Board and the Sussex Heights Residents Association.

These included:

• Problems perceived about the web-site – its aims, use, range and attitudes expressed on the site.
• Problems re communication – where correspondence is ignored and discussion refused on critical and essential practical issues re the building.
• The issue that the web was world-wide rather than internal ( intranet?)
• The personalizing of criticism
• The understanding of “passing off” Is there a confusion? Is the underlying problem really the content on the web-site rather than the legal business definition of passing off.

An agreement was made between all participants that the way forward is:

1. Cease litigation as from now
2. S.H. Board pay their own costs
3. S.H. Residents Association pay their own costs
4. S.H. Residents Association website to be named Sussex Heights Residents Association .org
5. S.H.R.A.org will remove all content that is found to be offensive.
6. S.H.R.A. will remove all Official Board documents.
7. S.H. Board will remove all content that is found to be personally offensive.
8. All personal names will be removed from both sites.
9. Both sites discussion areas will be password protected
10. Both sites will be open to site monitoring
11. Participants agreed to signing the agreement in order to formalise it.

Board Representatives will take the proposed agreement to the full Board meeting on January 17th

Further discussions are needed for specific areas of concern e.g. water/pumps, the roof, general works etc

Valerie Phillips (Phil)

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To be successful in a passing off action, you must prove that:

1. the mark is yours
2. you have built up a reputation in the mark
3. you have been harmed in some way by the other person’s use of the mark

It can be very difficult, and as a result, expensive to prove a passing off action.

If you register your mark, it is easier to take legal action. This allows you to take legal action against infringement of your trade mark, rather than using passing off.

via Intellectual Property Office – Passing off unregistered trade marks.

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Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—in order to establish or to bolster a point put forth by a party to the proceeding. In order for evidence to be admissible, it must be relevant, without being prejudicial, and it must have some indicia of reliability.

via Admissible evidence – Wikipedia, the free encyclopedia.

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