Re: [DML] Comments & Suggestions from Marc re: deloreans magazine

[Lee <immerse@xxxx>]

***** Moderator's Note *****
Despite the subject line, this post replies specifically to 
the question of the use of the DMC logo.


note: To the moderator

Please post this reply to part of Marc?s last post, regarding copyrights.Any
questions directly relating to the kits should be forwarded to Ken Montgomery or my
private e-mail. I do not think it would be helpful to post kit questions
on the DML.

"Marc A. Levy" wrote:
James (and anyone else who is still interested in this thread),

[I cut out all of the original text to save space on the archives and
digests] - Marc

[I also cut out all of the original text and most of Marc?s letter to save space in
the archives and digests] - Lee

Snip.........................

"No one needs to own the name "DeLorean Motor Company" or the DMC logo in
order to improve the image of the marquee (did I get the spelling right
this time Les?) I don't see how securing the logo protects the
investment Houston has made. Is someone misusing the logo? Can you
elaborate on what the intentions are for the use of this trademark?
Will other vendors be restricted from using it?" .....Snip

reply:

In response to the above question Marc, I can only speak about the DMC Key
blanks and model car kits I make. I met with Stephen Wynne and James several
time at the recent NCDMC Black Hawk Concorse in California. On every
occasion the conversation was amenable with no mentions of copyrights. Mr.
Wynne was informed that when all the paid for DMC-kits were delivered that
the FREE dealer kits would be shipped. I was a bit surprised when Mr. Wynne
told me that while they liked my DMC Logo keys much more then the ones being
supplied by some one else they (DMC Houston) would not be needing any more
keys from me.

The following evening the awards dinner was held and again I spoke with both Mr.
Wynne and James face to face. Nothing about Copyrights or trade marks was ever
raised before I left for home that evening.

A few days later I was informed by a third party that James (DMC Houston) had
approached demanding their FREE kit be shipped immediately or DMC Houston
would have to reconsider my use of their copyrights. DMC Houston considers my
offer of a FREE display kit to be a binding contract between DMC Houston and me
to us their DMC logo, and my failure to comply would mean a breach of thatagreement.
As I recall James (DMC Houston) was waving the reservation certificate around in
the air at the time he stated DMC Houston?s demands. (I was not present at the time)

The copy right laws are simple and clear - with out written agreements in place any
one other than the registered owner can not use the materials in question. This
includes both the standard DMC Logo Key and Both designs for the light keys
and the model car kits.

Now There will never be any more keys available from me. This means that I am out
of the DMC logo Key and DMC model Kit business. With out a written signed copy right
use agreement with DMC Houston I can do nothing. The last few kits I have
left to deliver are on my shelf but can not be packed and shipped. I no longer have a
legal right (according to James (DMC Houston) to use the Logo. Now that DMC
Houston (James) has noticed me that their view of a pre released certificate is a binding

contract (There is not a single word on the certificate related to copyright usage) I
have no choice but to cease and desist all use of their logo and other unspecified
materials or face punitive damages should DMC decide to sue me for what they
consider a breach of contract.

So Mark, It is hard to tell what (James) DMC Houston may do in other cases of DMC
logo usage, but it is clear in my view that keeping past agreements and supporting
the DeLorean community is not very high on their list. I am not sure just what I can do
about the paid for kits remaining on my shelf at the moment.


Lee Seiler
(Just a regular owner and enthusiast)

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