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



"Tom Niemczewski" <dmctom@...> wrote:
> I have received a letter from him [Steve Wynn of DMC (Texas)]
> stating that I have to remove anything from my website that
> has the DMC logo on it.

Are you surprised by that, considering how many times have we covered
this topic on the DML?  Trademarks can be lost through abandonment, so
trademark holders must take precautions to preserve their mark and
must monitor proper use of the mark.  You can find more information
about this all over the web, such as this page from the Ohio State Bar
Association:  http://www.ohiobar.org/pub/lycu/index.asp?articleid=251

> One reason for that is because the shifter ball is not
> even for sale, second reason is that their logo is not
> the same as the original DeLorean logo, third reason
> is that they are not loosing any business even if I have
> the shifter balls for sale again.

None of these reasons affects their obligation to defend the
trademark.  Even if you're not currently selling the shifter ball, are
you presenting it as an example of the kind of DeLorean-related
accessories you can produce?  The argument that the trademarked logo
and the "original" DMC logo are different is a tenuous one at best,
since the differences are quite minor and they're both being used to
identify DeLorean Motor Cars.  And whether your business poses a
financial threat to DMC (Texas) or not is irrelevant, because the
trademark holder has an obligation to defend the mark whether you're
able to make a dime of profit from it or not.

One could make the argument that DMC (Texas) wants to control the
trademark so nobody can make a DMC-logoed product without them earning
a profit from it.  One could also argue that having a steward of the
DMC trademark prevents it from being used in ways that are detrimental
to the DeLorean marque.  I'm okay with both, really.  I have yet to
hear a compelling argument for why it's in everyone's best interest
overall for the DMC logo to be in the public domain (or for a
different party to hold the trademark).  I guess I'd feel differently
if I was trying to earn a profit from making and distributing things
with the DMC logo on them, or if I really desired something with that
logo on it that DMC (Texas) wouldn't allow the production of.

> I will scan the letter I have received from Steven
> and I will post it on my website soon.

Since the intent of their letter was to formally document that they're
trying to preserve the trademark, it seems to me that your public
posting of it will only help their case.  Perhaps if it is your hope
that this will somehow influence someone not to patronize DMC (Texas),
I suppose it might.  But I can't see it having any effect on future
attempts by DMC (Texas) to defend the trademark.

> I will let everyone see how it is to deal with DMC Houston.

Speaking for myself only, I think I already see how it is...it just
doesn't bother me.  You rally against them and I'll go order a part to
contribute to their legal defense fund.  :-)

_______________
Todd Masinelli
VIN 6681








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