Re: [DML] Trademark Issues (WAS: DMC Jewelry)

[Marc Levy <malevy_nj@xxxx>]

It was pointed out to me on the DMCForum by John D
that I have made a mistake.

On the front of our cars is a Logo, This is the logo I
have been talking about because I find no registration
by DMCH for it. (See it here
http://tess2.uspto.gov/webaka/images/73162366.gif )

However, The Logo which DMCH has registered WAS used
by DMC back in the 80's (As John D pointed out) on a
number of public advertisements and such, however I
cannot find any registration for this logo that shows
it as a official trademark of DMC. (See the logo
here:
http://tess2.uspto.gov/webaka/images/75756108.gif )

What does this mean?

According to the lawyer I spoke with, it means that
DMCH would probably loose a challenge on EITHER logo
because it's use predates the DMCH registration. 
Someone who owns a DeLorean related business that
pre-dates the DMCH registration (in 2001) would have a
excellent chance of beating this in court.

If anyone plans on doing this, I strongly suggest you
contact your own lawyer. Find someone who is familiar
with patent/trademark law.

Marc

--- Marc Levy <malevy_nj@xxxx> wrote:
<SNIP> 
> Back to the issue at hand. James may be a friendly
> guy (to you), but he has yet to address the
> information I have provided to the list a number of
> times.. that is, the ORIGINAL "DMC" logo trademark
> is
> listed as "Dead" in the official database
> (http://www.uspto.gov/). The modified logo that is
> owned by DMCH is NOT the logo that anyone else would
> want to use. I am not a lawyer, but silence on this
> matter could be considered failure to enforce their
> rights (which I am told cannot be selectively
> enforced)
<SNIP>

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