Re: [DML] DMC and Trademarks

["Kevin Abato" <delorean@xxxxxxxxx>]

Correct Mike.  Every ten years a trademark must be re-registered for use, or it is considered "abandoned" and can be re-registered by anyone

Marc and I did do some recent research on this.  I am sure he will correct me on anything I am about to say if it is wrong, but some of the forthcoming words are personal views, while others are facts

The logo was "abandoned" when the Delorean estate failed to re-register it, but was in use by several small vendors, etc and used on various products they produced.   DMCH did indeed register it, and ask some people not to use it.  I was told this once with an embroidered jacket I tried to sell, and again with my delorean PHOTO merchandise that was removed from Zazzle.com.
One my points:  James asked me directly not to produce the jackets, but did OK me to use  zazzle (since the photos are mine, and of my car, etc.   They don't own that).  Zazzle sucks and keeps pulling my stuff down despite this agreement, but that is another story...

Back to the points....

DMCH did register it and claimed as their own.  The only people who can contest are the ones who used the logo prior to it being registered by DMCH.   As Marc pointed out, those people have little to gain by going against DMCH and pissing them off and wasting money on legal fees to fight the battle since so little would be gained.  These people/vendors instead just make an agreement to use the logo, or don't use it anymore.

Marc:  is it fair?  Maybe yes, maybe no.  It depends on points of view I guess.  I personally don't think it is, but in the end DMCH is in this to make money.  Just like any other business.   I am sure many (but not all) of us would do the same if it could make us extra cash and had that business.   They registered it and are "squatting" on it and making cash.   Yes, it pisses me off, yes I want to use it from time to time, and yes it makes me mad to see toys without the logo on it.

James:  no offense, but you make it sound like every penny gained from licensing of the logo goes into parts development and product improvement.    Don't sugar coat it, you are a business....ultimately it goes into people's pockets at the top of the food chain.   Some money is "re-invested" into parts, but ultimately those parts are sold for cash profit too.   Don't be shy to admit it.  It just business.   BUT....don't expect everyone to agree, like it, or be "ok" with your business practices.

I have mentioned the logo topic to James many times and really gave him a hard time over it.   After research, the conclusion is that there are people out there with a right to contest, but they likely never will.   In time memories will blur, assumptions will be made, and the "unfair" truth is that it will be registered to DMCH until/unless proven otherwise. 

Kevin Abato
Vin# 16680
www.grenexmedia.com 


-----Original Message-----
From: mike.griese@xxxxxxxxxxxxxxxx
Date: Mon, 08 Feb 2010 19:47:10 
To: <dmcnews@xxxxxxxxxxxxxxx>
Subject: RE: [DML] DMC and Trademarks

One point that I don't recall having been made is that during the time that the DMC logo was unprotected, anybody could have registered it.  

Anybody.  

Ford, GM, Chrysler, BMW, VW, Seat, Kia, Hyundai, Honda, Toyota, Rupert Murdoch, Disney, Procter & Gamble - anybody.

Imagine what the DeLorean community would be like if somebody outside of the community owned it.  

--
Mike

[Non-text portions of this message have been removed]



------------------------------------

To address comments privately to the moderating team, please address:
moderators@xxxxxxxxxxx

For more info on the list, tech articles, cars for sale see www.dmcnews.com

To search the archives or view files, log in at http://groups.yahoo.com/group/dmcnewsYahoo! Groups Links





------------------------------------

To address comments privately to the moderating team, please address:
moderators@xxxxxxxxxxx

For more info on the list, tech articles, cars for sale see www.dmcnews.com

To search the archives or view files, log in at http://groups.yahoo.com/group/dmcnewsYahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/dmcnews/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/dmcnews/join
    (Yahoo! ID required)

<*> To change settings via email:
    dmcnews-digest@xxxxxxxxxxxxxxx 
    dmcnews-fullfeatured@xxxxxxxxxxxxxxx

<*> To unsubscribe from this group, send an email to:
    dmcnews-unsubscribe@xxxxxxxxxxxxxxx

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/