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Consultation Responses

Dispute Resolution Service

28 March 2001

Robert White
Alexander Ramage Associates

Proposed Dispute Policy

I am concerned about the proposed criminal standard of proof which may be imposed as a hurdle for applicants to overcome. As a civil procedure which aims to settle civil matters, it does not follow that a criminal standard should be imposed.

Also of concern is the possibility that tribute/protest sites may be viewed as not being in bad faith. In many instances, I can see the logic in this, but quite often protest sites can be very derogatory or the trade marks of a client can be parodied and portrayed in a bad light, thus affecting their reputation.

The principle of free speech is all well and good, especially in consideration of the Human Rights Act 2000, but the ability to protect ones trademark from such tarnishment or unwholesome association is also a key right in the armoury of such a right holder.

Thank you for considering these matters.