[DML] Re: DMC and Trademarks

["twinenginedmc12" <twinenginedmc12@xxxxxxxxxxxxxxxxx>]

Mr. Espey.

You make many good points.  

DMCH has added much value to the Delorean community.  I'm glad your company exists.  I am a capatalist, and very much admire your (you and Mr. Wynne and DMCH collectively) resurrection of a company out of the ashes of the former DeLorean Motor Company.  The Delorean community is lucky to have your company.

As for the trademark, I'm confident a motivated party could win against you in court.  But, like you said, it makes much for financial sense for them to "let you have the logo", and work out an amicable arrangement.  I don't have a dog in this fight, but if I did, I'd pay the licensing fee.  Your company's involvement would add credibility to any financial endeavor using the "DMC" logo.  In the public mind, you now own it.  My hat is off to you for having the wherewithall to be at the right place at the right time with the right idea.

You wrote below:  "As part of the purchase of the remaining NOS parts from KAPAC in 1997, DMC (Texas) also acquired the exclusive rights to improve/reproduce DeLorean parts from the original engineering drawings and distribute NOS DeLorean parts."

That statement is false.  Anybody who has an NOS Delorean part, is free to distribute it.  DMCH does not have exclusive rights to distribute NOS DeLorean parts.  Also, anybody is free to improve or reproduce Delorean parts, either from the original engineering drawings, should they have them, or via reverse engineering the original part.  DMCH does not have exclusive rights to that either.

Please keep up the good work, and best of luck in your ongoing ventures.

Rick Gendreau.








--- In dmcnews@xxxxxxxxxxxxxxx, "james" <james@...> wrote:
>
> A friend forwarded me a note that this topic had come up again on the
> DML...historically, we've made it more or less a habit *not* to respond to
> these discussions because it inevitably leads to further arguments with no
> positive outcome, and distracts from the substantive, productive tech help
> discussions that take place on the DML/DMCTalk. That said, in regards to the
> Diamond Select Toy BTTF car, they made a business decision with regards to
> assortment and design on their own, with neither mandates nor requests from
> DeLorean Motor Company. I don't have any other information than that
> regarding what led to their decision.
> 
> Let's look at it from another perspective...what does Diamond Select do with
> the profits from the sale of this BTTF car? Re-invest it in the DeLorean
> community? Of course not! When DMC (Texas) is able to license the logo for
> use on a product like this (i.e. Hot Wheels, Sunstar, The Hundreds, video
> games) that money goes right back into the DeLorean community in the form of
> reproduced parts and better availability of the same. Which would you rather
> have - a toy car with the logo on it, or a part that might otherwise go
> unavailable for lack of funds?
> 
> In regards to the DMC logo trademarks and our ownership of them...we've
> spent tens of thousands of dollars on IP over the past ten-plus years and
> are very confident of our position. As part of the purchase of the remaining
> NOS parts from KAPAC in 1997, DMC (Texas) also acquired the exclusive rights
> to improve/reproduce DeLorean parts from the original engineering drawings
> and distribute NOS DeLorean parts.  No one in the past 27 years has put
> anywhere near as much a time/effort/capital into the DeLorean brand as
> Stephen Wynne. No one in the past 15 year years has put as much
> time/effort/capital into the DMC brand. He basically took a name that was a
> symbol of failure, and as a company we legally and openly applied for
> trademark protection for the logos that represent the brand and after
> investigation by the USPTO were granted these trademarks. Now, in no small
> part to those efforts, the DMC brand is getting positive press/media
> attention. Heck, even Jay Leno is warming up to the car! Facebook users can
> log in to view this link:
> 
> http://www.facebook.com/#!/photo.php?pid=3391454&id=22163434400
> 
> Without a doubt, however, that there are absolutely instances where the
> stylized DMC logo can be used without a licensing agreement with us. But,
> according to the legal opinions we have received, if the use of the logo is
> a focal point or adds to the DeLorean-related appeal of the product, that's
> when it legally requires a licensing agreement. Basically, if there is
> "value-added" by including our registered trademark, or a variant of which
> that a reasonable person could confuse with our registered trademark, that's
> when a licensing agreement is legally required. That's why a photo of a
> DeLorean made into a poster, etc is fine, but a poster/mug, etc with just
> the logo on it is not.
> 
> DMC has always supported the small scale enthusiasts, too - typically they
> aren't making significant volumes or profits from their products, and
> typically create products that are only of interest to those within the
> DeLorean community. Examples of this include parts and accessories for which
> we like, and think make good sense, but don't see the volume to make them
> ourselves - which is why we make it advantageous and at a cost next to
> nothing for someone in that position to get licensed to use the logo.
> 
> For years people have used the internet bully pulpit to question the
> legality and ethics of this action. But none have the stepped forward to
> actually make a legal issue out of it. If our lawyers are wrong, it's up to
> someone else's lawyer to prove it. If we're right - and all legal work and
> USPTO actions to date say that we are - then to be honest, I'm afraid that
> there will *still* be individuals who disagree and will never be pleased.
> Interestingly, however, those that talk the loudest about it invariably have
> no interest other than making noise.
> 
> In the end, for me at least, it seems that the people who are the most upset
> about it really have academic interest at best. The people who do have a
> financial interest either work with us or find a workaround. We're eager to
> work with the former, and I've not yet seen one instance where working with
> us did not lead to better financial results for them in the form of greater
> sales volume numbers and exposure.
> 
> James Espey
> Vice President, DMC (Texas)
>




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