RE: [DML] DMC and Trademarks (Diamond Select BTTF)
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RE: [DML] DMC and Trademarks (Diamond Select BTTF)



Comments below.

--- On Tue, 2/9/10, mike.griese@xxxxxxxxxxxxxxxx <mike.griese@xxxxxxxxxxxxxxxx> wrote:

> 
> Then go lobby to change patent and trademark law.  

Huh?  My comment was not about the law.  It was about your circular argument..  

> Then what?

Once the facts are agreed on, then people can form their own opinion on real facts.  Will it make a difference?  No.. Nothing will change..  But at least we would all have the facts.  Up until now, DMCH has been careful to use wording to imply they "acquired" the trademark(s) and that seems to always be included a discussion about KPAC....  Leading the reader to believe they purchased the trademark (or any IP) with the parts. 

The record should be accurate, and if nothing else a detailed explanation of how DMCH "acquired" the IP would help that.

> Who would you have own the trademark, if not DMCH? 

It is irrelevant, so I have not given it much thought...  But you asked!

If I were to continue with my argument, a bit of research on who owned the IP when the company folded would be helpful.  Did JZD retain ownership of the IP?  If so, his heirs would own it.  Was it considered an asset of the company?  If so, his creditors own it.

Off the cuff, I'd probably say the best claim goes to the only original DeLorean dealer still in business.  They therefore are the only remaining entity that (at least at one point in time) paid the creator for the rights to use it.

> Should it have been left in the public domain?  Whoever

Maybe..  For the years it was in the public domain, things seemed OK.

> let the registration lapse either dropped the ball, which
> indicates a certain lack of interest (in itself not a good
> sign for good stewardship of the brand), or didn't think it
> was valuable enough to re-register - again not a good sign

sign of what?  None of that has any impact on my ownership experience.

> for managing the brand.  Keep in mind, that left in the
> public domain, anyone could use the logo for any purpose -
> even if they harm the market for the cars.  And there
> is nothing anybody could do.  Do you really want to see
> DMC logo cocaine mirrors?

Do I want to see that?  No.  But I don't consider that a large risk.  If there was money to be made selling DMC logo cocaine mirrors, it would have been done already..  Trademark issue or not!  

What motivation is there for someone to use the logo to harm the market for our cars?? 

Either way, I have already conceded that there are advantages to having someone "in the community" control the trademarks, so I am not sure why you bring it up again.



Let's get back to the focus of this discussion..  Diamond Select toys made a business decision to NOT include the logo's on their product.  It is a likely assumption that this decision was made because they did not want to pay for (or even deal with) the trademark issues.  IIRC, James claims they never made an inquiry for a license agreement.  I have no reason to doubt him, but there is evidence that Diamond Select intended to include it..

Here is a photo from a toy show where Diamond Select displayed their items;

http://www.parrygamepreserve.com/images/features/toyFair2009/diamondSelect/diamondSelect6_M.jpg

http://www.parrygamepreserve.com/images/features/toyFair2009/diamondSelect/diamondSelect5_M.jpg

We can clearly see the DMC Logo on the grille, and the "De Lorean" highlighted on the rear bumper.  Also in the video on BTTF.COM

http://www.bttf.net/Back_to_the_Future_DeLorean_Time_Machine_p/21011.htm

Yet, the final product is missing those details (as can also be seen on BTTF.COM)

http://www.bttf.net/PhotoDetails.asp?ShowDESC=N&ProductCode=21011

How would it impact the value of our cars in 20 years if all the kids playing with that toy established recognition that the BTTF time machine IS a DeLorean??  Opportunity lost for all of us, including DMCH.




      


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