Re: [DMCForum] Re: Trademark

["Videobob Moseley" <videobob@xxxxxxxxxxx>]

I have mentioned this before on the other forum, but the moderators almost 
NEVER let it through.

When James started busting my balls about my auto shifter sticker, he told 
me that he might need to take legal actions against me using the "DMC" 
letters on the sticker, and that I would first need to have a license 
agreement with them.

When I researched the history of the trademark and found it to be abandoned, 
I tried to buy it and register it! (how funny would that be?)
I had 3 different patent attorneys working on the project.

The final word came down that I could not buy it because it is dead.
I could however make a new variation of it and register that.
The image that DMCH "owns" is the version with the outside line around the 
letters.
This is an "image" of a "logo", not the same as a sequence of letters.
However if all you are using is the plain letters in the similar font, there 
is nothing that can be done.
Also, since DMCH does not own the logo, they would never be entitled to 
restitution, however if you were also selling DeLorean car parts, using the 
logo and calling yourself "DeLorean Motor Company" then they could sue you 
(at their own cost) in a case of "market confusion" and could possibly win.

The long and short of it is as my lawyers told me,
"Make want you want, sell as much as you can and if they send you a letter 
just ignore it, if they send you a certified letter to appear in court, show 
up and say that you will stop, which is all they can make you do, there is 
no legal laws being broken"

I know James will disagree with me, but from a copyright issue, which would 
be something handled by the federal government, this is not applicable.
It falls into a civil case to be determined by a judge, and must be paid for 
by the claimant.

In other words, make all the DMC stuff you want, as long as it is plain 
letters with no border.
What I would propose to make everyone happy is that DMCH allow vendors to 
use the logos on shirts, mugs, whatever if the vendor will check with DMCH 
and see if they approve on the design or use and grant a blessing, this 
gives the illusion that they are in control and also lets them participate 
in the project, and maybe even serve as a point of purchase where as they 
could sell these products in their own store.
I would like to see more DMC merchandise, from different artistic view 
points other than their own.
So far I have not been impressed with any of their T-Shirt designs, I would 
like to see more.

(I think that PJ Grady's shirt is the best one I have seen yet)

My goal is not to be the DMC pirate, I just wanted a sticker for my auto 
shifter and I wanted to offer them to anyone else who needed one since I had 
to have a minimum sheet of 100 made.
You will notice that there was one on the raffle car.
If anyone needs one, I will toss one in free with any order.

http://dfwdmc.com/img/shifter1.jpg

- Videobob

>From: Marc Levy <malevy_nj@xxxxxxxxx>
>Reply-To: DMCForum@xxxxxxxxxxxxxxx
>To: DMCForum@xxxxxxxxxxxxxxx
>Subject: Re: [DMCForum] Re: Trademark
>Date: Fri, 18 Mar 2005 10:24:01 -0800 (PST)
>
>
>--- ryanpwright <yahoo1@xxxxxxxxxxxxxx> wrote:
>
> > Either way, the end result is the same: Both the
> > Ford trademarks and
> > DMC were registered by somebody else. Hence, they
> > have a new legal owner.
>
>It is only legal is someone has challenged it, and
>lost.
>
> > Obviously not, or if they did, then they lost,
> > because DMCH still
> > holds them.
>
>DMCH?  I know no one has challenged DMCH..  My
>question was if anyone challenged the "GT-40"?
>
> > Why do you want anyone to challenge them? It's nice
> > to have someone
> > capable (read: $$$) and willing to protect the DMC
> > trademarks who is
> > also on our side. Obviously they should be good
> > stewards of the
> > community with it. However, if DMCH didn't have it,
> > somebody else
> > might, and that somebody else could very well sue
> > the bloody hell out
> > of all our vendors just because he can.
>
>Nah, I think is "someone else" registered it then
>maybe DMCH would have taken the lead to challenge it.
>
>If what you are saying is true (about DMCH), then DMCH
>should accept my proposal (or something similar) on
>how to deal with trademark licensing.
>
>I see no evidence that DMCH is motivated to protect
>the trademarks from abuse.  Why else would they have
>allowed it to be put on a bottle of whine?  (what
>started this thread, if you remember).  How did the
>DeLorean community benefit from this?  IMHO, they
>whore out the trademark to sell some whine and make a
>few Benjamin's for themselves.
>
>
>
>
>
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