This is a PDF link to the findings of a Trademark related legal dispute between Simon Buxton of the Sacred Trust and Ross Heaven regarding the rights to use the name "Darkness Visible" for workshops
www.ipo.gov.uk/o03709.pdfIf anyone has time to spare the whole things is definitely worth a read as it involved both Heaven and Buxton throwing their toys out of the pram and accusing each other of all sorts of things, however I have highlighted the conclusions of Geoffrey Hobbs Q.C. below FYI (emphasis mine)
64. In relation to the primary case of the appellant, I am satisfied that the Hearing
Officer adopted a selective approach to the evidence58 which yielded ‘an inventory of
corroborated facts’59 that lacked the breadth and depth required for the purpose of
determining the dispute as to proprietorship of the unregistered trade mark DARKNESS
VISIBLE. This was a case in which the structured approach to assessment outlined in the
BRUTT Trade Marks case60 needed to be applied with close attention to detail. It appears
to me that an assessment conducted on that basis would necessarily have resulted in the
rejection of Mr. Heaven’s claim to proprietorship in favour of Mr. Buxton’s claim to
proprietorship. That is because Mr. Buxton (trading as The Sacred Trust) was entitled to
claim that the trade mark was his on the basis of use in commerce by his organisation
since January 200361 and the evidence put forward in support of Mr. Heaven’s claim to
proprietorship was so seriously open to doubt as to provide no reliable basis for a finding
in his favour 62
(and none the less so because it pointed strongly to the conclusion that they
had both been involved in an elaborate hoax intended to portray Mr. Buxton as an initiate
of a group of shamanic bee-keepers known as The Path of Pollen).63
65. For the reasons I have given the appeal is allowed, the opposition succeeds and the
application for registration is refused. The Hearing Officer’s order for costs is set aside.
Mr. Heaven is responsible for burdening the proceedings with a considerable amount of
unsatisfactory and irrelevant evidence.
Mr. Buxton has for his part insisted upon using the
proceedings as a vehicle for unimpressive evidence about his self-proclaimed initiation
into the so-called Path of Pollen.