[DMCForum] Trademark.

[Marc Levy <malevy_nj@xxxxxxxxx>]

As you know James, Lee tells a different story.  But I
don't think it matters anymore.

I have asked many times, James, Why DMCH feels they
have any ownership of the trademarks in question.

By simply filing the proper paperwork to claim
ownership of a trademark that pre-dates not only the
claim, but also the entity claiming ownership, anyone
with the slightest knowledge of IP law will advise you
that the claim is invalid.

Maybe DMCH was nice enough to offer Lee a $1
agreement, but how much money did DMCH make from other
license agreements for video games, models and such? 
Not to mention the sudden removal of the DMC logo from
Universal Studio's.  One could speculate that this
removal is due to a call from DMCH.

It is a shame that larger companies who wish to use
the logo have either opted to pay the fees demanded by
DMCH (to avoid the legal costs of a lawsuit), or
redesigning products to not use the logo.

The trademark is intellectual PROPERTY.  Although it
is clear that DMCH purchased the material property of
KPAC, being that I have found no evidence that KPAC
ever owned the intellectual property, it therefore
could not have been part of the deal.

Would DMCH sell a fender they don't own?  I doubt it..
So why sell the use of a trademark they don't own?

Sad thing is, as time passes and this claim remains
unchallenged, DMCH increases their likelihood in
winning a trademark challenge case. 

And before I get a bunch of private emails telling ME
to challenge it, I cant..  In order to challenge a
trademark claim you have to be a bonafide business
that has a legitimate use for the trademark.  It would
help if such a business can claim use of the trademark
prior to the current claim...  That leaves a small
handful of DeLorean vendors who rely on DMCH to
continue operations of their business..  So clearly,
those vendors will not rock the boat.


So, how can we fix this?  I propose full disclosure of
all trademark licensing deals (as well as denials). 
All profits from said agreements should be donated to
a charity in the name of ALL WORLD WIDE DELOREAN
OWNERS.  Going forward, an independent group (Not all
DML moderators, like the concours) can be assembled to
decide who can and cannot use the logo, thereby
"protecting" it.


--- James Espey <james@xxxxxxxxxx> wrote:
> 
> The story you heard was incorrect.
> 
> We suggested that in order to protect the trademark
> in accordance with
> law, Lee should complete a licensing agreement with
> us for his use of
> the logo on the packaging and instructions. We
> prepared a basic
> licensing agreement allowing him to use the logo as
> he saw fit for the
> model project that he could have consummated for the
> sum of $1.00 - he
> never bothered to return the document. I have no
> idea and won't
> speculate why.


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