Re: [DML] DMOCO.com - being squashed by the man?

[mike.griese@xxxxxxxxxxxxxxxx]

Ryan - nice sentiment, but with that letter, you have just established the
value of the logo to be zero.  Not a good business move.

DMCH is not restricting the creation and sales of aftermarket parts, because 
they can't.  Anybody can make and sell anything for the DeLorean as long
as they don't use the DMC logo on the part or to advertise the part unless they
have a license to use the logo from DMCH.  There is no restraint of trade 
going on here.

As an aside, you cannot selectively defend a trademark.  This means that
you can't stop somebody from putting it on a part without a license and
then allow a hobbyist to put it on their website without a license.  Trademark
law does not distinguish between the two uses - it's an all or nothing game.

--
Mike


-------------- Original message from "Ryan Wright" <ryanpwright@xxxxxxxxx>: -------------- 


> On 9/16/06, mike.griese@xxxxxxxxxxxxxxxx wrote: 
> > 
> > Tom - no need to take it personally. This is just business. 
> 
> I disagree. 
> 
> Morally, I think Houston is doing a disservice to the DeLorean 
> community with these games. Were I Stephen, my letter to Tom would 
> read as follows: 
> 
> -------------------------------------------------------------------------------- 
> -------------------- 
> Mr. Niemczewski, 
> 
> You are in violation of our trademark. (insert legal mumbo jumbo here) 
> 
> However, I believe you are doing a wonderful service to the DeLorean 
> community. As more and more enthusiasts such as yourself make 
> aftermarket parts available, interest in DeLorean automobiles 
> continues to rise. In the interest of cooperation with the community, 
> I invite you to license the use of our legal trademark so you may 
> legally continue your activities. The following license agreement 
> gives you the right to continue using the DMC logo for a period of (1) 
> year and will have to be reevaluated and renewed yearly. This license 
> is currently free to you; all we ask is that you fill it out and mail 
> it back to us. 
> 
> Sincerely, 
> 
> (my name) 
> 
> (insert license agreement here) 
> -------------------------------------------------------------------------------- 
> -------------------- 
> 
> I'm sorry, but unless Houston is dealing with a competitor, I see no 
> other acceptable alternative to this situation than the one presented 
> above. I can understand their defending their trademark and I can 
> understand their not wanting someone to produce parts that directly 
> compete with their own. What I don't understand is their not allowing 
> the production of aftermarket parts that they themselves do not 
> produce, or going after enthusiasts' web sites, etc. 
> 
> You can defend your trademark and still allow people like Tom to sell 
> parts and operate a slick looking web site with the DMC logo. 
> 
> -Ryan 





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