Re: [DML] QAC label with DMC logo - PATENT INFORMATION

["Video Bob" <videobob@xxxx>]

I was hoping you wouldn't bring this up since I already have a patent 
attorney working on it.
But since you brought it up....

Yes, when I made my shifter medallions using the old "DMC" logo, James sent 
me a letter
telling me that I should have approved it with them first, and to promise 
not to sell them
or else he would "take legal actions".
I talked with James on the phone and asked:
"How is it that all these other Delorean related parts sellers sell logo'd 
merchandise then?"
He says that they have signed "License agreements" to do so.

Because I take threats of "legal actions" very seriously I felt I needed to 
do some research
to make sure I don't end up in trouble...after all, I only made a few little 
stickers,
so what's the big deal right?
Wrong, when it comes to copyright, the Federal Government steps in and takes 
over
and makes things expensive.

You are right, DMCH does not own the original trademark that was originally 
registered
my the real Delorean Motor Company in 1979.
It expired in 1985, as well as every other reference.
Because of this, DMCH would not be able to prosecute someone, nor would they 
be
eligible for restitution if some one used that logo.
They could however argue that use of the logo could cause "market confusion" 
against their
current logo.
I spent several hours on the phone today with a patent attorney and we 
discussed every
scenario. They explained that it would not do any good to spend the 
thousands of dollars
it would take to try to get the old logo re-registered because the trademark 
office would
argue it looks too much like their current logo, and regest it, and you 
would loose your money.
This is why no one else has bought it.
You can't. It's a waste of money to try.
No attorney would touch it.
....which is why they ignored it.
However, they would have to go through a lot of extra effort to stop you 
from using it.

James contacted me today and said that he would send me the requirements for
using their licensing agreement, but also mentioned for small items it is 
not worth it.

I personally feel that as long as it does not interfere with their business 
there is no harm done.
With the Delorean being an almost forgotten car, and with so much negative 
public opinion of the
car, nothing would do more good that to have people making stickers, hats, 
shirts and etc.
In the long run the business ends up at DMCH's door step.

Scenario:
I make, sell and wear a Delorean shirt. Some younger guy sees it and 
comments,
"that's a cool shirt, that's the car from back to the future right?".
"Yes, I own one, I bought it on eBay!" I reply.
"Wow, I have always wanted one, I will check that out when I get home!".
This is a practical scenario.

To be honest, Discovery Channel, Monster Garage, Don Steger and Rich W. are 
the people
responsible for me buying a Delorean.
I was -this close- to buying a Corvette.
I saw the first "Rock Crawler" episode with all the Deloreans on it and it 
got me to thinking about them. I checked eBay, first I bought all the 
Sunstar models, then, anything with a Delorean on it that I could get. 
Finally I found a local car on eBay, I looked at, drove it and bought it.
DMCH will be making money from me in the future because of that.

MORAL OF THE STORY?
There is no such thing as bad publicity.
If DMCH is smart, they would turn a blind eye to these little activities,
or allow affordable or "free" license agreements that would only stipulate 
that they approve the
products for integrity purposes in an effort to promote the Delorean.
They loose nothing, and gain everything.
Win win.

I will however respect their wishes even though according to my patent 
attorney that I or anyone else can use the old unregistered logo without 
fear of federal prosecution, however if DMCH wanted
to spend the money they could attempt to take you to court to prove 
"consumer confusion".
However, they have not done it to "Dallas Market Center" or "Douglas Machine 
Company",
"Dennis Motor Cycles" or any of the other 50, YES FIFTY "DMC" trademarks 
that are out there.
They would argue that using "DMC" while also using a similar font could 
cause a market confusion.
However, shirts, hats and stickers may not have anything to do with a car!

James also said it is OK to use a photo of the car itself.
Although he did not like my explanation that the sticker that I made was in 
actuality a photo
of my front grill logo pasted into a circle which is the god's honest truth.
He figured I was being a smart ass I guess! - HA HA

I will keep everyone posted as to how things turn out with me and James.
I was contacted by a lot of people who wanted the stickers and I have not 
sold any yet.
They are great for sealing Christmas card envelopes!
I am hoping that we can work together on this and both be happy.
As many of you know, I am working on a documentary for television,
as well as a series of "How To" videos that will be out next year on DVD.
This will be a great service to the Delorean community and will help out 
everyone
who sells parts.

I just want to help, that's all.

Thanks for reading this long ass e-mail!
- Videobob
VIN# 5278





> From: Marc Levy <malevy_nj@xxxx>
> Reply-To: dmcnews@xxxxxxxxxxxxxxx
> To: dmcnews@xxxxxxxxxxxxxxx
> Subject: Re: [DML] QAC label with DMC logo
> Date: Thu, 18 Dec 2003 18:05:10 -0800 (PST)
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>
> According to the United States Patent and Trademark
> Office, DMCH owns registration number 2491848 which is
> in fact a DMC logo.
>
> However, the DMC logo that most people try to use (as
> seen on the front of the car itself) is number 113096
> and listed as "DEAD". According to an attorney friend
> who deals whit this sort of thing, that essentially
> means it is public domain.
>
> I don't know which logo the QAC label used.
>
> You don't have to believe what I am saying on the DML,
> but you can look it up yourself at
> http://www.uspto.gov/
>
> The real trick is, a hobbyist making a few labels (or
> models, or keys, or whatever) will probably not have
> the means to enter a legal battle with DMCH.. One of
> the downfalls of the US legal system, IMHO. I have
> not heard of anyone challenging DMCH on ownership of
> the logo. Anyone with a legitimate business reason to
> do so is likely to not want to do anything to upset
> DMCH (because they have a monopoly on many of the
> parts required to continue doing business).
>
> On a sad note, It looks like JZD's new car project may
> not be doing so well, his registration for "DeLorean"
> (number 76165416) in the font we all know is also dead
> as of March 18, 2003. Looks like they did not care
> enough to renew it... This by the way is the
> lettering found on the back bumper of our cars, and
> the hood emblem on 1982 cars.
>
> Marc
>
> --- James Espey <james@xxxx> wrote:
> > Don't believe everything you read on the DML. :-)
> >
> > I send emails, nasty-grams come from lawyers.
> > Neither Casey nor Bob got a
> > nasty-gram.
> >
> > Persons interested in licensing the use of the DMC
> > logo for aftermarket or
> > reproduction parts should send a written request for
> > information to:
> ><SNIP>
>
>
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