RE: [DML] DMOCO.com - being squashed by the man?

["timnagin" <timnagin@xxxxxxxxxxxxxx>]

I have to disagree. :)  How many other companies, or people, try to protect
the integrity of the DMC image?  I really don't know but all I read about is
DMCH.  Their doing so also reinforces what other vendors sell with the same
logo.  I have read several people's posts about this but none of them, that
I recall, state DMCH demanding millions of dollars in restitution.

DMCH has a vested interest in protecting the image.  When some random person
slaps that logo on an item and people buy it are they ensuring that item
will be safe and perform as intended?  What if it fails?  What if there is a
law suit?  People tend to blame the name on the item rather than who
actually made it and the perception is it was licensed by them.

I worked for an OEM supplier in the automotive industry and licensing is a
huge deal, even more so because of public perception.  I could tell you
stories about some parts out there that most people probably wouldn't
believe.  There are lots of people who sell stuff on eBay referencing DMC;
one even sold a door kit to supposedly make them open like a Lamborghini.
When people see stuff on the car and it looks and performs like crap they
usually blame the name on the product.

Would anyone feel more comfortable buying Brand-X Performance Suspension
than an Eibach setup that DMCH worked with to make sure it worked and fit?
Would Brand-X stand behind the parts as well as DMCH?

DMCH has taken a lot of time to reproduce some parts, as we all know, but is
there any doubt it will work when offered or that they won't stand behind
it?  If I were to create a new product for the De Lorean I would absolutely
want them behind it, and send them a sample to approve or suggest changes
on, to ensure my product will do for the car what is stated.  I could also
use this in my advertising.  Giving them a cut could also be valuable to the
seller.  It would also reach a larger buyer's market.

Greg





-----Original Message-----
From: dmcnews@xxxxxxxxxxxxxxx [mailto:dmcnews@xxxxxxxxxxxxxxx] On Behalf Of
Ryan Wright
Sent: Wednesday, September 20, 2006 2:33 PM
To: dmcnews@xxxxxxxxxxxxxxx
Subject: Re: [DML] DMOCO.com - being squashed by the man?

On 9/16/06, mike.griese@xxxxxxxxxxxxxxxx <mike.griese@xxxxxxxxxxxxxxxx>
wrote:
>
> Tom - no need to take it personally.  This is just business.

I disagree.

Morally, I think Houston is doing a disservice to the DeLorean
community with these games. Were I Stephen, my letter to Tom would
read as follows:

----------------------------------------------------------------------------
------------------------
Mr. Niemczewski,

You are in violation of our trademark. (insert legal mumbo jumbo here)

However, I believe you are doing a wonderful service to the DeLorean
community. As more and more enthusiasts such as yourself make
aftermarket parts available, interest in DeLorean automobiles
continues to rise. In the interest of cooperation with the community,
I invite you to license the use of our legal trademark so you may
legally continue your activities. The following license agreement
gives you the right to continue using the DMC logo for a period of (1)
year and will have to be reevaluated and renewed yearly. This license
is currently free to you; all we ask is that you fill it out and mail
it back to us.

Sincerely,

(my name)

(insert license agreement here)
----------------------------------------------------------------------------
------------------------

I'm sorry, but unless Houston is dealing with a competitor, I see no
other acceptable alternative to this situation than the one presented
above. I can understand their defending their trademark and I can
understand their not wanting someone to produce parts that directly
compete with their own. What I don't understand is their not allowing
the production of aftermarket parts that they themselves do not
produce, or going after enthusiasts' web sites, etc.

You can defend your trademark and still allow people like Tom to sell
parts and operate a slick looking web site with the DMC logo.

-Ryan







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