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

[deloreanernst@xxxxxxx]

In a message dated 9/20/2006 11:11:04 P.M. Eastern Standard Time,  
timnagin@xxxxxxxxxxxxxx writes:

There  are lots of people who sell stuff on eBay referencing DMC;
one even sold a  door kit to supposedly make them open like a Lamborghini.
When people see  stuff on the car and it looks and performs like crap they
usually blame the  name on the product.>>
True, unfortunately, but trademark enforcement can't address that. This is  
similar to an ad I saw yesterday in a trade magazine I get.  Three guys are  
seated at a diner. One wears a Chevy logo on his shirt, one wear a Ford logo on  
his shirt, one wears a Dodge Ram logo on his shirt.  The ad is for a  
particular motor oil. (Each guy is wearing the same lubricant brand on his cap.)  If 
any of those three truck companies don't like a reference made to their truck  
as a potential user of the oil, can they stop the ad? Nope. All the ad says, 
in  essence,  is "buy me for a Ford... " etc.  If an eBay seller says  "this 
is for a DeLorean" but doesn't stick a trademark on it, the trademark  owner 
cannot stop it on the basis of trademark infringement. Simply making  reference 
to a trademark, as in your example, cannot be prevented. 




Wayne A.  Ernst
vin 11174
Bridgeton, NJ


[Non-text portions of this message have been removed]






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