[DML] Re: "use of the DMC logo"

["ryanpwright" <dmcnews_list@xxxxxxxxxxxxxx>]

OK, I've got to post my thoughts. If there are factual inaccuracies,
please correct them - I do not claim to be an expert on this subject
nor the current situation, and am merely going off what I've read.

First, let me say that I highly respect DMCH and everything it's
founders, owners and employees have done and will continue to do for
our community. I am a very satisfied customer of this company.

That said, I have moral issues with the locking up of the DMC logo.
DMCH did not create the logo, nor purchase it from it's owners. They
just began using it and establishing themselves as new owners of it. 

Yes, this appears to be how trademarks work, though I am not an
attorney and can't say for sure. However, this recent situation with
the side stripes really bothers me. DMCH chose not to reproduce these
stripes. They then proceeded to exert their power over the DMC logo in
an effort to prevent others from reproducing them.

This is a serious issue, folks. Effectively, DMCH has complete control
over the reproduction of any parts bearing the DMC logo. As long as
DMCH chooses to push this issue, nobody will ever get perfect
reproduction side stripes. Yes, I realize John Hervey has them now,
but if it comes to it, is he willing to spend who knows how much money
fighting in court just so we can have our side stripes? Moreover,
would such a battle be good for the community? I'd hate to see such
resources wasted that could go toward building and improving the
respective businesses.

What happens in the future when a DMC labeled part dries up and DMCH
decides not to reproduce it? The side stripes are a perfect example.

What if someone comes up with a must-have accessory for the car that
looks best with, or requires, the DMC logo on it? I'm thinking of a
cool new ashtray, or glove box lid with a logo, or those lighted
DeLorean letters for the rear bumper that someone was putting
together. Would DMCH go after him?

What if someone builds a DMC labeled part that's better built, or
provides more options (colors, etc) than something DMCH makes? Think
door sills, DeLorean logo up front, etc. 

What if DMCH raises their prices, or a third party finds that he can
build equally good parts for half the cost? They may say "We'll never
do this", and I'd believe them, but some day the company's leaders
will change whether through a sale, inheritance, bankruptcy, you name
it, and then all bets are off.

My point is, there are a number of reasons why strict enforcement of
this is bad for our community. DMCH has an effective monopoly here,
and monopolies are rarely good for anybody but their owners. We have a
unique situation - most car companies are still in business, and they
don't care to share. Pontiac, for example, wouldn't let someone
produce and sell some cool accessory with the Pontiac name on it. DMCH
doesn't have to be a Pontiac. They are a small company (in the grand
scheme of things) and we are a small community. I think we need a
different approach to the use of the DMC/DeLorean names & logos.

I am not advocating we fight DMCH or try to cause them any problems -
they have been great to me, as they have to most of you. Nor am I
advocating DMCH release all interest in the DMC logo. But here's what
I'd like to see: A spirit of community and cooperation with the rest
of us. 

What do I mean by that? Well, let's go back to these side stripes. The
guy who spent the time and money to recreate them wasn't competing
with DMCH, since they don't offer them. DMCH, instead of sending a
nastygram, could have simply sent a licensing form and a nice letter
saying, "Please sign this contract and return it; We are giving you a
free license to use our logo." Then everybody wins: The guy can sell
his product, we can buy them, and DMCH enforces their trademark and
thus retains it. Shoot, worst case they could charge a couple of bucks
per item sold for the use of the logo.

This is not a can of Pepsi here, people. We can't just go out and come
up with a name or logo of our own. Our cars were designed around this
logo, and with the original DMC long gone, I believe we should all
have shared access to it in some form or another.

Now that I've spent 45 minutes writing all of this, I hope the mods
let it through, and I hope everyone finds it insightful rather than
inflammatory. I don't mean to ruffle feathers here, certainly not
DMCH's as they've treated me well. But there are hard questions that
need to be discussed. I applaud James and DMCH for engaging us in this
conversation; it shows that they are interested in the public's
opinion and thoughts, and that is major progress in the right direction.

Respectfully,

-Ryan

> 
> Marc raises a good point here, and while I await information from
counsel on
> if and how to respond to Wayne, let me say this about Marc's statement
> quoted above.
> 
> 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.
> 
> Also during that time period, to the average person outside the DeLorean
> community, the name "DeLorean Motor Company" and the DMC logo were both
> symbols of a failure, associated with illegal drugs and "that flying car
> from the movie".
> 
> When Stephen Wynne split from DeLorean One in 1995 and adopted "DeLorean
> Motor Company" as the name for his new company, as well as began
using the
> logo, many people thought he was nuts to use that name. When he
spoke to JZD
> about using it, even he said "I hope you have better luck with it than I
> did."
> 
> 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.
> 
> 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.
> 
> James Espey
> 
> ------------------------------------
> DeLorean Motor Company
> Vice President
> james@xxxx
> 15023 Eddie Drive
> Humble, Texas 77396 USA
> tel: 800/872-3621
> tel2:281/441-2537
> fax: 281/441-2813
> http://www.delorean.com
> ------------------------------------








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