Our Ref:

Doc Ref:
Direct Dial:
E-Mail:

15th Floor 6 Bevis Marks Bury Court London EC3A 7BA

NHIL01 /FMC/0390650021
L:22287168v1
0115 976 6535

t +44 {0)20 7337 1000 f +44 (0)20 7929 1724

www.brownejacobson.com DX 142420 Lime Street 6

nicola. hill@brownejacobson. corn

brownejacobson

Mr Jonathan Bishop
Crocels News
Ty Morgannwg
PO Box 674
Swansea
SA1 9NN
Sent via First Class Post and email to: info@crocels.info

11 October 2016
Dear Mr Bishop
Our client: Cornerstone Academy Trust operating Broadclyst Community Primary School

We act for Cornerstone Academy Trust of Broadclyst, Exeter, Devon EX5 3JG.
We are instructed that you have written to our client requesting that our client and it's employee,
head teacher Jonathan Bishop cease using the name 'Jonathan Bishop' in relation to various
educational articles, videos and publications, as you have registered this name as a device trade mark
in respect of, amongst other things, educational, teaching and training services (UK00002492434 and
EU009469347).
Groundless threats
The use of one's own name is an absolute defence to infringement of a registered trade mark
provided it is used in accordance with honest practices.
As such, our client is perfectly entitled to make reference to its head teacher using his given name,
"Jonathan Bishop", and Mr Bishop himself is legally entitled to use his own name, notwithstanding the
existence of your trade marks. We draw your attention to section 11 (2)(a) of the Trade Mark Act 1994
(the "Act") which states:

"a registered trade mark is not infringed by the use by a person of his own name or address, provided
the use is in accordance with honest practices in industrial or commercial matters."
Accordingly, you have no claim of trade mark infringement against our client or any of its employees.
In any event, your registrations are limited to the name together with the device - you do not have an
absolute monopoly over the name Jonathan Bishop.
Despite our client's explanation, we understand that you have persisted with your complaints and as
such our client has felt it has no alternative but to seek legal advice. We are instructed that you have
approached various social media sites (Facebook, Vimeo and YouTube) and even the Department of
Education with your trade mark complaint. Our client has expended considerable management time
in addressing the complaints that you have made in order to preserve its social media accounts and its
reputation in general, whilst at all times your complaints are entirely groundless.
Birm ingham Exeter London Manchester Nottingham

Lexcel
l egal Practice Quality Mark
Law Society Accredited

r,

INVESTORS

~ - " IN PEOPLE

-.:.:.- ***
-

Investor

inClients

Exceptional

Browne Jacobson LLP is a limited liability partnership, registered in England

and Wales, registered number 0(306448, registered office Mowbray House,
Castle Meadow Road, Nottingham, NGZ 1BJ. Aut horised and regulated by
the Solicitors Regulation Authority. A list of members' names is available for
inspection at the above office. The members are solicitors or registered
foreign lawyers.

Pursuant to section 21 of the Act, where a person threatens another with proceedings for
infringement of a trade mark other than in limited circumstances, any person aggrieved may bring
proceedings for relief under the section. The infringement which you claim does not fall within any of
the named circumstances within section 21. As such, our client is entitled to bring proceedings
against you for groundless threats and the relief available to our client in such proceedings would
include a declaration that the threats are unjustifiable, an injunction against the continuance of the
threats, and damages in respect of any loss sustained.
In order to prevent our client taking further action in this regard, we require that you
immediately cease any communication with our client and associated third parties making
groundless allegations of infringement of your trade marks and confirm your intention to do so by
signing the attached undertakings and returning them to us within the time provided later in this
letter.
Article dated 28 March 2016
Furthermore, it has come to our client's attention that on 28 March 2016 you published an article
entitled 'Devon academy's conference fees puts government roll-out programme into doubt' via your
website, www.news.crocels.com (the "Article"). The Article is concerned with our client's alleged
misuse of funding and also includes a photograph of our client's employee, headmaster Jonathan
Bishop on GL's stand at the Bett Show, London on 20 January 2016 (the "Photograph"). A copy of the
Article is attached at Annex 1 for your ease of reference.
This Article is an inaccurate representation of our client's affairs and it is comprised of a series of
statements about our client that are false and indeed often defamatory in nature. We are instructed
by our client that the following statements are false:
1. "A Devon academy has brought into question to UK Government's plans to roll-out
academies across England."
This statement is used in relation to our client and is completely unsupported by any evidence.
Our client's use of its budget in attending teacher conferences has not, in any way, called into
question the UK Government's initiative to roll-out its academy conversion plans to all schools.
The suggestion that the acts of our client have caused any such political reaction is both
untrue and highly damaging to our client's reputation. As such this statement is defamatory of
our client.

2. "It has been revealed that Broadclyst Community Primary School Academy has been
spending public funds on conference attendances, including for its head teacher, while at
the same time restricting the funding of staff training".

This statement is untrue and damaging to our client's reputation. Our client has not been
spending funds on conference attendances at the expense of staff training. As is common
amongst schools, our client sets an annual budget for professional development, of which
conference attendance is an integral part. Generally, speaker fees and travel costs are paid
for by the host (GL in this case), not the school. Further, as a teaching school, it is incumbent
upon our client to attend conferences such as this. This activity has not affected the school's
budget for funding staff training. This statement is defamatory of our client.
The article also insinuates that members of our client's staff "misuse public funds for private gain"
and/or "regard the school as their private ATM." Once again, this is an untrue insinuation entirely
unsupported by evidence.

Our client is concerned to make it clear that it is completely legitimate - and in fact essential to the
operation of a teaching school - to send teachers to conferences. This activity is widespread among
the education sector, and is beneficial to the sector as a whole, the school and the pupils.
Finally we note that the photograph that you have used of our client's headmaster has been digitally
modified to change the name appearing on the screen.
Defamation
The Article as a whole has caused and is likely to cause damage to our client's reputation, which may
include financial harm; indeed the school Governors are extremely concerned about the position. We
understand that the Article has been advertised via social media; therefore the defamatory comments
are being communicated to a large number of people throughout the local area and indeed further
afield. This only compounds the potential for serious harm to the reputation of our client and its
various employees.
In order to avoid any further action from our client in respect of this defamation, you are
required to take the action specified in the attached undertakings as a matter of urgency.
Next steps

Our client recognises the value of fair comment. At this point our client has no desire to issue legal
proceedings against you, and is hopeful it will not be forced to incur any further costs in addressing
this matter. In order for this matter reach resolution, please sign the attached undertakings by no
later than 19 October 2016.
This letter is sent in accordance with the Pre-Action Protocol for Defamation. Please note that if the
offending materials are not retracted and the above undertakings are not met, we shall advise our
clients to issue legal proceedings against you. In the meantime, our client reserves all of its rights in
this matter.
The points raised in this letter are complex areas of law and we recommend that you seek
independent legal advice.
We look forward to hearing from you by 4pm on 19 October 2016.
Yours faithfully

Rrt
Encs: Annex 1 and 2.

_p

ANNEX 1

Crocels News I Devon academy's conference fees puts government roll-out programme in doubt

Page 1 of 6

11TH OCTOBER 2016

HOME(/)

ABOUT US (HTTP ://NEWS .CROCELS .COM/ABOUT/)

T&CS (HTTP: / /NEWS.CROCELS.COM/ABOUT/TERMS-AND-CONDITIONS/)

CO NT ACT US (HTTP:/ IN EWS.CROCELS.COM/ ABOUT/CO NT ACT-US/)

EROCtl~ NEWS
(http: //news.crocels.com/)

HOME(/)

EDUCATION (HTIP://NEWS.CROCELS.COM/DIRECTORY/DIGESTS/DCOT-DIGEST/)

POLITICS (HTIP://NEWS.CROCELS.COM/DIRECTORY/DIGESTS/POLNETICS-DIGEST/)
TROLLING (HTIP://NEWS.CROCELS.COM/DIRECTORY/DIGESTS/TROLLERS-GUIDE/)
LAW & ECONOMY (HTIP://NEWS.CROCELS.COM/DIRECTORY/DIGESTS/SELIVCEL-DIGEST/)
TECHNOLOGY & SOCIETY (HTIP://NEWS.CROCELS.COM/DIRECTORY/DIGESTS/VECC-DIGEST/)
ENVIRONMENT (HTTP://NEWS.CROCELS.COM/DIRECTORY/DIGESTS/CAMELLE-DIGEST/)

Crocels News (/) - /newswire/ - Swansea, Wales, March 28 , 2016 at 11 :30 pm -

http://news.crocels.com/news/8521/broadclyst-academy-conference-spending-jonathan-paul-bishop/

11/10/2016

Crocels News I Devon academy's conference fees puts government roll-out programme in doubt

Spending on conferences at a Devon academy run by Jonathan Paul Bishop has

brought into question the UK Government's plans to roll-out academies across

Page 2 of 6

Crocels News

England.
Crocels News provides the best

Devon academy's conference

fees puts government roll-out
programme in doubt
A Devon academy has brought into question the UK Government's plans to roll-out

news in technology and beyond.

We are the official news service of
the Crocels Community Media
Group. Registered in Delaware as
Crocels News, LLC.

Recent Comments

academies across England.

Steve Paris
It has been revealed that the Broadclyst Community Primary School Academy has

(https:/ /m.youtube.com/channel/

been spending public funds on conference attendances, including for its headteacher,

UC8s0TaFm-87AhnUU21b2FXg) on

while at the same time restricting the funding of staff training. The first conference

Family's crowdfunding appeal to

he attended was in 2011, in what has become an annual occurrence.

fight cyber-stalking and

harassment receives heartwarming support
(http:/ /news.crocels.com/news/89
39 / steve-paris-angel-gardenandrew-lewis-melanie-byngrichard-byng-harassmentcyberstalking-crowdfundingappeal/#comment-25519)

http://news.crocels.com/news/8521/broadclyst-academy-conference-spending-jonathan-paul-bishop/

11/10/2016

Crocels News I Devon academy's conference fees puts government roll-out programme in doubt

Page 3 of 6

Saran Kelly on Family's

crowdfunding appeal to fight
cyber-stalking and harassment
receives heart-warming support
(http:/ /news.crocels.com/ news/ 89
39 / steve-paris-angel-gardenandrew-lewis-melanie-byngrichard-byng-harassmentcyberstalking-crowdfundingappeal/#comment-25486)
Steve Paris
(https:/ /www.youtube.com/chann
el / UC8s0TaFm-8 7AhnUU2 lb2 FXg)
on Family's crowdfunding appeal
to fight cyber-stalking and
harassment receives heartwarming support
(http:/ /news.crocels.com/ news/ 89
FUNDING IS ACADEMIC:)onathan Paul Bishop has been spending academy funds on attending
conferneces.

Since 2014 the Headteacher of the academy, Jonathan Paul Bishop, has attended at
least two conferences every year at the expense of the taxpayer-funded academy.

39 / steve-paris-angel-gardenandrew-lewis-melan ie-byngrichard-byng-harassmentcyberstalking-crowdfundingappeal/#comment-2 54 79)

Laura Mcinerney is a writer for the Guardian. "/ also hate the corruption that has set

in at many academies where the CEO etc seem to regard the school as their private
ATM!," she said.

http://news.crocels.com/news/85 21 /broadclyst-academy-conference-spending-j onathan-paul-bishop/

Anonymous on Family's
crowdfunding appeal to fight

11/10/2016

Crocels News I Devon academy's conference fees puts government roll-out programme in doubt

Page 4 of 6

This week, Labour Leader Jeremy Corbyn warned of the asset stripping of state

cyber-stalking and harassment

schools that would follow the roll-out of academies in England, but it would seem

receives heart-warming support

that the misuse of public funds for private gain goes beyond this.

(http://news.crocels.com / news/89
39 / steve-paris-angel-gardenand rew-lewis-melanie-byngrichard-byng-harassment-

PROMOTED BY JONATHAN BISHOP. PUBL I SHED BY CROCELS NEWS, LLC. BOTH AVAILABLE AT: TY
MORGANNWG, PO BOX 674, SWANSEA, SA1 9NN POSTED ON 28TH MARCH 2016
(HTTP:/ IN EWS.CROCELS.COM/N EWS/8521 /BROAD CL YST-ACADEMY-CON FERENCE - SPENDING10NATHAN-PAU L-BISHOP/l BY IONATHAN BISHOP
(HTTP://NEWS . CROCELS.COM/NEWS/AUTHOR/ IONATHANBISHOP/l AND IS LICENSED UNDER A
CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL LICENSE
(HTTP ://C REATIVECO MM ONS. 0 RG/LI C EN SES/BY/ 4. 0/).
TAGGED BROADCLYST COMMUNITY PRIMARY SCHOOL (HTTP://NEWS . CROCELS.COM/FACTS-DATA1N FO RMATI ON/BROADCL YST-COM MUN !TY-PR! MARY-SCHOOL/). I ERE MY CORBYN
(HTTP:/ IN EWS . CROCELS.COM/FACTS-DATA-1 N FO RMATION/1 ERE MY-CO RBYN/), IONATHAN PAUL
BI SHOP {HTTP:/ IN EWS . CROCE LS. COM/ FACTS-DATA-INFORMATION/I O NATHAN-PAUL-BI SHOP /l,
LAURA MCINERNEY (HTTP:/ IN EWS . CROCELS . COM/FACTS-DATA-INFORMATION/LAU RAMCI NERNEY /l

cyberstal ki ng-crowdfu nd i ngappeal / #com ment-2 5463)

Anonymous on Family's
crowdfunding appeal to fight
cyber-stalking and harassment
receives heart-warming support
(http:/ /news.crocels.com/news/89
39 / steve-paris-angel-gardenandrew-lewis-melanie-byngrichard-byng-harassmentcyberstalking-crowdfundingappeal/#comment-25462)

One comment

~
I
22nd February J 999 at 11 :oo ; m Chtto:// oews.c.roceJs,com /news / 8521 /broa.dclvstacademv-conferenc.~-s peodio g- lonathan-pauJ-bisho : /#comment-22286)
Jonathan Paul B,isho. Chtn :llwww,ionathaotaulbLshot .ukJ says:
No teacher is there purely because of money. Although most teachers have to pay
their mortgage, there is more to the job than that.

Popular Topics
Cardiff, Cardiff Metropolitan

University,

Caroline Criado-Perez,

Censorship,

http ://news.crocels. corn/news/85 21 /broadclyst-academy-conference-spending-j onathan-paul-bishop/

Crocels,

11/10/2016

Crocels News I Devon academy's conference fees puts government roll-out programme in doubt

Page 5 of 6

For heads, the buck really does stop there. It is a job which many teachers look at

Cyberbullying, Cyber Rights,

and decide they are far happier doing the job with children in the classroom that they

Digital Equality and Human Rights

came in to do.

Activism,

Rf. IY(btt; :/J news,crncels.com /news L852 J /broaddyst-acacte.my-conferenc~.::

s~endjn ,,-jonathan- paul -bisho p / ?replvtocom=2228G#respond}

Digital Teens,

Dzon'

Efail

lsaf,

Disability,
Equality,

Exclusive, Facebook,
Featured Content, Harassment,

Internet Trol Ii ng,

Leave a Reply
YOUR EMAIL ADDRESS WILL NOT BE PUBLISHED. REQUIRED FIELDS ARE MARKED

Jeremy Corbyn,

Jonathan
COMMENT

Bi S hOp,

Labour, Labour

Leadership Election, Labour

Party, Liberal Democratic Party,
Llantrisant, Owen Smith
Cymru,
Party,

NAME *

Po Ii ce'

Plaid

Pontypridd Labour

Public Sector Corruption, Q-

Methodology,
EMAIL*

MP,

Rhondda Cynon

Taf County Borough

Council, South Wales

WEBSITE

Police, Steve Rotheram,

POST COMMENT

The Labour Party, The

Trolling Academy,

http://news.crocels.com/news/8521/broadclyst-academy-conference-spending-jonathan-paul-bishop/

11/10/2016

Crocels News I Devon academy's conference fees puts government roll-out programme in doubt

Page 6 of 6

Trefforest, Treforest,

Twitt e r'

UK Parliament, University of South

Wales, Wales, Website Launches,

Welsh Government, Young People,

PUBLISHED BY CROCELS NEWS, LLC . COPYRIGHT JONATHAN BISHOP LIMITED. ALL RIGHTS RESERVED .

http://news.crocels.com/news/8521/broadclyst-academy-conference-spending-jonathan-paul-bishop/

11/10/2016

ANNEX 2
Undertakings
For the attention of:
Cornerstone Academy Trust
Broadclyst,
Exeter
Devon
EX5 3JG.
[DATE]
Dear Sirs
In consideration of your refraining from bringing legal proceedings against me for groundless threats
of trade mark infringement in respect of the Trade Marks and defamation in respect of the Article as
specified in the letter to us dated 11 October 2016 from Browne Jacobson LLP I undertake, whether
acting in a personal capacity or by my officers, employees, agents or otherwise howsoever, as follows:
1. Not to repeat the threat of trade mark infringement proceedings against you in respect of the
Trade Marks and to provide a written acknowledgement that you do not infringe the Trade
Marks;
2. To delete the Article on every forum in which it is available;
3. Not to make any further defamatory statements about you or any of your employees;
4. To prepare and publish on www.crocels.com an article correcting the untrue statements
contained within the Article, retracting the contents of the original article and containing a
statement of apology.
5. To provide a witness statement to you by 11 November 2016, endorsed with a statement of
truth, confirming that I have complied fully and promptly with the obligations imposed by
paragraph 1 to paragraph 4 above.
Yours faithfully

JONATHAN BISHOP