[DMCForum] Re: Trademark
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[DMCForum] Re: Trademark




--- In DMCForum@xxxxxxxxxxxxxxx, Marc Levy <malevy_nj@xxxx> wrote:
> Your Las Vegas story, although interesting, does not
> apply here.
>
> Your Ford example is somewhat flawed in comparison to
> the DMC.  Ford did not go out of business, and
> therefore always had the option to renew the
> trademark.  They chose not to.  Even if they had
> renewed it, but not enforced it they would have lost
> it.
>

Either way, the end result is the same: Both the Ford trademarks and
DMC were registered by somebody else. Hence, they have a new legal owner.

> Was anyone using either of those trademarks before
> they were re-registered??  If so, did they challenge
> the registration? 

Obviously not, or if they did, then they lost, because DMCH still
holds them.

> The time frame is critical as well,
> which is why I say as time goes on any challenge
> against DMCH for the trademarks become more likely to
> fail.

Why do you want anyone to challenge them? It's nice to have someone
capable (read: $$$) and willing to protect the DMC trademarks who is
also on our side. Obviously they should be good stewards of the
community with it. However, if DMCH didn't have it, somebody else
might, and that somebody else could very well sue the bloody hell out
of all our vendors just because he can.

-Ryan




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