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

["Jack Singer" <jsinger@xxxx>]

Marc, that was a great posting and you did not look like a Moron. I
would like to ad that many vendors have prior use to the filing of DMCH.
Which means that they were using the logo prior to DMCH obtaining the
trademark. After that last group of postings about this subject I asked
my attorney. He stated that the users of the logo prior to the filing
have nothing to worry about except the fact that they may or may not
have to go to court. The not so wonderful thing about these United
States is that anyone can sue anyone.....

Jack.

-----Original Message-----
From: Marc Levy [mailto:malevy_nj@xxxx] 
Sent: Wednesday, January 07, 2004 9:44 PM
To: dmcnews@xxxxxxxxxxxxxxx
Subject: [DML] Trademark Issues (WAS: DMC Jewelry)

I have no specific beef with DMC, my goal here is to
share what I have learned about the DMC trademark from
minimal research on the Internet with list members. 
Anyone, including DMCH, is welcome to supply me (or
the list) with information which contradicts what I
have found.

It has been asked what my personal involvement with
this issue is, so I state here that I have no personal
interest in using the logos, nor do I represent anyone
else who does. At no point have I yet had the need to
use either of these logos for any reason. My purpose
again is to have the truth made public (even if my
research results are incorrect). My risk of looking
like a moron (something I do well, and often) is my
own if I am incorrect.

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)

By claiming that a number of big-name companies have
made agreements with DMCH to use the logo just means
that either those companies did not know what they
were buying, or felt the fee DMCH demanded was less
costly than possible legal action. I wonder if this
is why the toys I saw at Universal Florida last week
did not have the DMC logo? What a shame, that all of
the kids (and adults) buying those toys are not
exposed to the logo. Lets face it, a good number
(maybe even majority) or DeLorean owners were fist
exposed to the car by BTTF.

Every once in a while, I get a good idea.. And when I
discuss it with anyone I know, they always say "Hey,
get a patent!". I always laugh, getting a patent on
anything is a matter of filling out some papers and
paying a fee. It means nothing until it has been
challenged, and successfully held up in court. THAT
can cost LOTS of money, and aggravation. Same goes
for Copyright and Trademarks.

It is likely that there is no product anyone can make
using the DMC logo that would be worth the expense and
effort to defend in court. Be it a part, jewelry, or
a tee shirt. Maybe some Lawyer type on the list will
do it themselves just for the principal of it.

FWIW, I think copyrights and trademarks are VERY
important. Many companies spend LOTS of money to
build a reputation behind their logos. Frankly, this
is not the case with DMCH. They just happen to have
the name "DeLorean Motor Company", they just happen to
be the owner of the majority of leftover physical
assets from the REAL DMC, and they just happen to have
a copyright registered on a similar logo.. None of
this makes them the company that built our cars in the
80's.... And no one from DMCH has supplied any
information contrary to this.

... And Rob asked "Isn't anybody brave on this list?".
Yes Rob, there are a few but Not enough. Or maybe
the brave are censored?

Marc

--- Louie Golden <louie@xxxx> wrote:
<SNIP>

> copies made. As you seem well aware of, there's also
> the copyright issue. You can always CALL James and
> see what he has to say. He's actually a truly
> friendly guy, and has gone out of his way to help me
> on many occasions. Maybe you can have these made,
> and sell them to DMC-Houston. You never know until
> you call. Good luck and keep us informed about this
> project :-).

<SNIP>







__________________________________
Do you Yahoo!?
Yahoo! Hotjobs: Enter the "Signing Bonus" Sweepstakes
http://hotjobs.sweepstakes.yahoo.com/signingbonus


To address comments privately to the moderating team, please address:
moderators@xxxx

For more info on the list, tech articles, cars for sale see
www.dmcnews.com

To search the archives or view files, log in at
http://groups.yahoo.com/group/dmcnews 

Yahoo! Groups Links

To visit your group on the web, go to:
http://groups.yahoo.com/group/dmcnews/

To unsubscribe from this group, send an email to:
dmcnews-unsubscribe@xxxxxxxxxxxxxxx

Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/