[DML] "use of the DMC logo"

[Marc Levy <malevy_nj@xxxxxxxxx>]

See Below

--- James Espey <james@xxxxxxxxxx> wrote:

> It's true that for 10+ years no one had a problem
> with the use of the logos,
> though the legalities of what is and what isn't in
> in the public domain are
> so complex I won't attempt to comment on that.
> 

Why not comment?  This is the root of the entire
discussion.

Again, filing a trademark on a logo is something
anyone can do.  But will it hold up in court?  If DMCH
honestly believes that it will, then maybe you can
explain why and put this all to rest?  Because right
now it just looks like DMCH wants to bully anyone who
uses the public domain logo with threatening letters.

<SNIP>
> In the nearly ten years that have passed, Stephen
> Wynne has made a great
> investment in promoting the positive aspects of
> ownership and enthusiasm for
> this automobile - more so than anyone or any
> organization previously has
> done since 1981 - and it was all done in the name of
> DeLorean Motor Company.

If Stephen chose to reuse the logo, he is free to do
that just as many other people have over the years. 
However, that does not necessarily mean he (or DMCH)
owns it.  Whatever investment he made "promoting the
positive aspects...under the name DeLorean Motor
Company" were for his own benefit.  Bottom line, DMCH
is a business for profit, not a club or charity.

> By trademarking the logo, and acting on non-licensed
> use of it, DMC (Texas)
> is protecting that investment, much as the original
> DeLorean Motor Company
> would have done had things worked out differently,
> and much as companies
> like BMW, Porsche and Mercedes do today.

BMW, Porsche, and Mercedes logos have always been
protected.  Part of the problem of trademark law is
you need to always enforce it.  As soon as you don't,
it is public domain.  By your admission that the logos
in question pre-existed DMCH, and were public domain,
(according to the lawyer I spoke to) this makes the
current DMCH claims of ownership invalid.

If DMCH had planned on making such a huge investment
in the image of a logo, maybe it would have been wiser
to choose a unique name and logo that they could build
their own reputation on.  It has always been my guess
that the purpose was to fool customers in to thinking
that DMCH is the same DeLorean Motor Company from
1981.

FWIW, I am glad this topic continues to come up every
so often.  Because if at some point someone is willing
to challenge this trademark claim in court all of the
discussion history on the DML will be evidence that
this has always been in dispute.

Marc


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