|
The Gundog Club have been made aware that one of its former
trainers, Stewart North, of Working Gundogs in Leicestershire, is
infringing the Gundog Club’s trademarks and intellectual property,
resulting in confusion for members of the public who wish to
purchase training run by the Gundog Club. We have been advised to
make the following statement, to set the record straight and to give
this trainer an opportunity to cease this infringement without the
need for legal proceedings. For more detailed information on how
founder Pippa Mattinson originated the Graded Training scheme used
by the Gundog Club, you can
click here.
Stewart North, was removed from the Gundog Club’s register of
trainers and assessors in March 2010, after numerous complaints from
students that the Gundog Club had sent to him for training or
assessment. These complaints included allegations of overly harsh
handling, poor people skills, poor use of lesson time, and a lack of
understanding or ability to teach at Grades Three and Four (an
intermediate stage of gundog training). The Gundog Club was also
made aware that the trainer was breaching his terms and conditions
of registration. Stewart North was offered full support and
re-training to resolve these issues, provided that he agreed to
abide by his terms of registration in the future. He refused to
accept this option and instead wrote a letter to the Gundog Club in
which he stated that his actions in training dogs “will sometimes
cause distress”, and objected to the Gundog Club’s policy of
prioritising students’ enjoyment of their training, over the speed
of the dog’s progress.
The Gundog Club is committed to providing enjoyable training for all
of its clients, using step-by-step training methods that set the dog
up to succeed, and do not cause distress. The Directors were
therefore obliged to remove Stewart North from their register of
trainers and assessors in March 2010.
The Gundog Club has since been made aware that Stewart North’s
website, www.workinggundogs.co.uk, is making use of the Gundog
Club’s trademarks and copyrighted material.
The Gundog Club's
solicitor’s letter to Mr North advises him that the Gundog Club Ltd
is “the exclusive licensee and user of the intellectual property
rights in the literature, website, methodologies and trademarks THE
GUNDOG CLUB, GRADED TRAINING and GRADE ONE, GRADE TWO and GRADE
THREE as applied to such training which together make up a business
which is widely recognised in the sector in which it and you
operate.”
This intellectual property “includes particularly the website
material at www.thegundogclub.co.uk, the terms and conditions which
it applies in its relationship with students and the “graded
training” methodology and trademark which it applies through its
accredited trainers.”
Stewart North’s website includes a clear copy of the Gundog Club’s
terms and conditions of booking on a training course, and makes use
of the concept and format of “graded training” for gundogs, which is
a training approach devised by Pippa Mattinson, the founder of the
Gundog Club, and not used by any other gundog training organisation
in the UK.
The Gundog Club has been contacted by a number of persons who are
confused by the Working Gundogs website, believing it to indicate
that Stewart North is either training on behalf of the Gundog Club
or remains in some way accredited by them. At least one member of
the public has bought training with Stewart North under the mistaken
belief that he remained a Gundog Club trainer. This person
subsequently posted up on the internet to describe her unpleasant
experience whilst attending this training.
Letters from the Gundog Club and their solicitor have made it clear
to Stewart North that he is infringing Gundog Club copyright and
trademarks, and is ‘passing off’ his business as being that of the
Gundog Club. This is to the detriment of the Gundog Club’s
finances, and due to Stewart North’s failure to meet Gundog Club
standards of performance and conduct, could also be damaging to the
Gundog Club’s reputation. It is also unfair to those students that
may be misled into purchasing training from Working Gundogs, under
the impression that they are getting Gundog Club approved tuition.
The Gundog Club is committed to preserving the integrity of the
Graded Training scheme for gundogs and to protecting its standards
in the United Kingdom and beyond for the benefit of all gundogs and
their owners, now and in the future. Any trainer acting
independently of the Gundog Club whilst giving the impression that
he or she is associated with or approved by the Gundog Club
threatens the future of our national Graded Training scheme for
gundogs.
Stewart North has been asked by the Gundog Club and its solicitor to
cease his infringement and ‘passing off’ actions, including his use
of the “Graded Training” format. His response failed to address the
issues raised. The Gundog Club is therefore publishing this
statement to clarify the situation to the public, and to give
Stewart North the opportunity to act on the Gundog Club’s requests
without the need for legal proceedings.
Please note: Gundog Club training is only available from the Gundog
Club. For more information on how Pippa Mattinson originated
the Graded Training scheme for gundogs, visit
this page.
|