RE: [DMCForum] Copyright

["timnagin" <timnagin@xxxxxxxxxxxxxx>]

During that period why didn't you try to claim it as yours?  Why don't you
challenge it now?

Greg


-----Original Message-----
From: DMCForum@xxxxxxxxxxxxxxx [mailto:DMCForum@xxxxxxxxxxxxxxx] On Behalf
Of Marc Levy
Sent: Tuesday, January 03, 2006 11:01 AM
To: DMCForum@xxxxxxxxxxxxxxx
Subject: Re: [DMCForum] Copyright

What should happen??  Well, I am not an expert on
intellectual property law..  But the way it usually
works in the United States is if claims on ownership
of intellectual property are not enforced, the
property becomes public domain.

The trademarks were considered "public domain" from
1982 until sometime in 1999!  Over 15 years they were
"public domain".  DMCH comes along, fills out a few
forms with the USPTO and now they claim it is theirs!!

I don't think they should (claim they) own it because
it does not belong to them.  It is as simple as that. 
Even if they had proof that they purchased this
property from it's owner (John DeLorean himself?), it
would still be a weak claim because it remained
unenforced for over 15 years.

"claim" is the key word here, because all claims of
intellectual property ownership are only valid if no
one challenges it or it is challenged in court and a
judge makes a decision on ownership.  In this case, no
one had challenged it in court.

Only someone who has a BUSINESS reason for using the
trademark can make a legal challenge to the claim.  It
would be very strong case if the challenger use of the
trademark pre-dates the DMCH claim.  The bulk of those
people (PJ Grady, DeLorean One, DMC-GG) would never
challenge DMCH because of obvious reasons.

--- Ryan Wright <ryanpwright@xxxxxxxxx> wrote:

> So, what do you think should happen to the DMC
> trademarks? Or, why
> don't you think DMCH should own them?
> 
> I'm not trying to goad you into an argument here;
> I'm honestly curious.
> 
> --
> - Ryan

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