Re: [CR]Campagnolo - The Italian Bully (fwd)


Example: Framebuilders

Date: Fri, 3 May 2002 10:58:48 -0700 (PDT)
From: Tom Dalton <tom_s_dalton@yahoo.com>
Subject: Re: [CR]Campagnolo - The Italian Bully (fwd)
To: classicrendezvous@bikelist.org
In-Reply-To: <004901c1f2c5$a976d160$55f41b41@cinci.rr.com>


Here is my schoolboy understanding of the function of patents: Patents are issued to encourage invention. See, I told you it is a schoolboy understanding. But seriously, patents are issued to give people/corprations a reason to bring new products / techniques /services to market. The initial patent, issued by a government, serves the interests of the "inventor" in that he has exclusive rights to his invention for a period of time. During the patent period the interests of the government (or of "the people") are served by the invention providing a unique new product or service. After the patent has lapsed, the people benefit from being able to obtain the product / service from a broader variety of sources. No knowlegde of actual laws or anything, just the concept. A special type of social contract. The same concept does not apply to trademarks. tom dalton Questor <questor@cinci.rr.com> wrote: Prehaps the real refrom needs to take place in the US Court system. If US registered product patents have a limited lifetime unless they are modified and renewed, why should UNUSED company trademarks or copyrights have unlimited life if they have not been used for a extended period of time?

I have been warned offlist in a friendly way by an Intellectual Property attorney on the CR that making "unauthorized" decals may subject me to litigation, even though the decals have not been produced nor marketed for over 20 years. Since Campy is still a current company name and trademark, they have every right to protect one of their assets - public recognition of the Campagnolo trade name.

However, things get to be legally unclear when the company dissolves and the assets are broken up - like frame builders that have gone out of business. Trademark decals and logos can apparently be used when there are written legal documents from the company holding the trademark that proclaim the trademark symbol is abandoned to the public domain. It seems that this abandonment action is rarely taken as an added businness expense by companies that are already in business trouble.

For some of the lawyers on the CR list, what are other criteria that could occur that unprotects a trademark or a copyright - whether they be decals or Campy logos? Certainly not enforcing trademark/copyright can lead to company concerns that result in Campy's recent actions...

Regards, Steve Neago
Cincinnati, OH


----- Original Message -----
From:
To:
Sent: Friday, May 03, 2002 12:33 PM
Subject: Re: [CR]Campagnolo - The Italian Bully (fwd)



> In a message dated 5/3/02 4:04:14 AM Pacific Daylight Time,
> nickzz@mindspring.com writes:
>
> << I asked why they were not listed on his website anymore. He said
> Campagnolo threatened litigation if he continued offering the items.
> Evidently they do protect the rights to the name & logo more vigorously than
> anticipated. >>
> I heard a discussion on the radio just yesterday (CNET) that was on this
> subject. The law is such that if you don't defend your trademark, you lose
> it. The example used was "Yoga Inside", a group that teaches meditation to
> prison inmates and is being sued by Intel. That said, I think we need to
> start a campaign directed to Campagnolo, asking them to provide the needed
> parts, hoods and brake shoes. Even if the moulds no longer exist, they're
> obviously easy enough to make.
> Stevan Thomas
> Alameda, CA