Re: [CR]Trademark infringement?

(Example: Humor:John Pergolizzi)

Subject: Re: [CR]Trademark infringement?
From: "Pete Imandt" <imandt@earthlink.net>
To: Classic Rendezvous <Classicrendezvous@bikelist.org>
Cc: Jim Allen <jimallen@nctimes.net>
Date: Sun, 08 Dec 2002 08:47:44 -0800

Here's another thought potato for this overcooked stew:

It's my understanding that CyclArt typically provides his repo decals "on the frame." If he brushed on the markings, no one would talk about infringement: No more so than when putting contrasting paint on the raised tailgate logo of a repainted truck. I think it's the use of decals that seems to make the perceived difference; but, aren't they just instruments of service?

For any legal action, wouldn't the manufacturer have to show damages -- how does re-labeling an old frame damage the manufacturer? This is a far cry from the guy who was boldly putting "Miami Vice" Ferrari bodies on old Corvettes.

From another perspective: Isn't CyclArt providing free advertising for the manufacturers?

Come on guys, as Jim Allen wrote:
> Any REAL attorneys out there with knowledge
> of copyright and service mark issues?

Pete Imandt
Ramona, CA