Re: [CR]Who has the legal rights to build Hetchins


Example: Books:Ron Kitching

From: "Questor" <questor@cinci.rr.com>
To: "cnighbor" <cnighbor@pacbell.net>
Cc: <classicrendezvous@bikelist.org>
References: <3C2F8E6C.80EA6102@pacbell.net>
Subject: Re: [CR]Who has the legal rights to build Hetchins
Date: Sun, 30 Dec 2001 17:35:47 -0500


Hello,

It has been mentioned that British and American law differ on company rights to use trademarks and registered corporate logos.

I cannot address British laws, but in the United States a trademark must be initially applied for with a waiting or comment time frame and then must be renewed every seven years for the trademark to hold legal validity. Sometimes, a "grace period" is granted by the US Federal government if the the logo or tradename is intertwined with another registered logo that is still currently registered.

Barring a messy legal and expensive international legal challenge and given the relatively small number dollars from frames being built, I would say from a practical standpoint that the Hetchins name is fair game for use in the United States. Prehaps this means that Hetchins decals can be produced with no apparent legal repercussions (hint: Nick at H Lloyd Cycles).

A cursory glance at the US Patent Office list of registered trademarks shows the Hetchins name is not currently associated with any bicycle manufacturer in the USA. Please check the following site to verify: http://www.uspto.gov/patft/

The bottom line is that "Hetchins" is not currently a legally protected bicycle manufacturer name in the USA and it is open for use by whichever party wants to spend $5000 USD to register it.

Regards, Steve Neago "Legal matters leave me cold in Cincinnati, OH"


----- Original Message -----
From: "cnighbor"
To:
Cc:
Sent: Sunday, December 30, 2001 5:00 PM
Subject: [CR]Who has the legal rights to build Hetchins



> I hope your aware of the controversy going on here in the states has to
> who has the legal rights to build Hetchins. I know that you firm plus
> David Millar and Clive Rodell are all producing Hetchins. As an owner
> of two Hetchins one a 1963 and the other a 1973 any clarification on
> this matter would be helpful.
> Thanks
> Charles Nighbor, Architect and fine bicycles fan
> Walnut Creek, CA