Re: [CR]Trademark infringement?

(Example: Framebuilding:Tubing:Falck)

From: "Steve Neago" <questor@cinci.rr.com>
To: "Pete Imandt" <imandt@earthlink.net>
Cc: "classicrendezvous" <classicrendezvous@bikelist.org>
References: <BA18B749.8EA7%imandt@earthlink.net>
Subject: Re: [CR]Trademark infringement?
Date: Sun, 8 Dec 2002 14:14:51 -0500

Hi Peter,

Perhaps other CR members can correct me, but it is my meager understanding that any unauthorized reproduction of the trademark or copyright through any means or media, paper, paint, computer image, etc. is technically a violation of trademark/copyright law in the USA. Authorization means that a written agreement that is legally binding between the two parties to the transaction. The media does not matter, but the image or its close facsimile to the original does. In general, no damages have to be shown to win a lawsuit other than the trademark/copyright was registered and that the holder of the trademark/copyright has attempted to enforce their rights to police the trademark/copyright. This law can be enforced if the holder of the trademark/copyright sues in court and a judgement is found in their favor. Companies that are no longer legal entities (complete shutdown and dissolution) may not be able to protect their trademark/copyrights that may possibly go to the public domain.

Below is my May CR post that mentions how Volkswagen of America (VWoA) is suing its own fan clubs over the use of the VW logo. VWoA believes it could be held legally culpable for any advice is given by fan clubs using the VW logo without permission. Therefore VW has to protect its legal interests by forbidding the use of the VW logo until a contract release is signed with the separate fan clubs.

As far as advertising, CyclArt is potentially taking away revenue from the holder of the trademark/copyright by initially confusing the consumer whether their refinished decals are authorized or not. There is nothing on the CyclArt website or in any of their documents that I am aware of that mentions which specific transfers they are using really are unauthorized decals. I doubt this is disclosed to consumers unless they ask about specific information. Why should CyclArt profit if the OEMs don't want to sign license agreements with him to make decals? What is to prevent a CyclArt from coming out with, say for the sake of discussion, a unauthorized Cinelli frame of CyclArt own making? This is why trademark/copyright must be protected by the OEMs. This is why there is legal confusion the use of the Hetchin's name for frames. CyclArt's implied statement of "just trust me" just doesn't legally fit this situation.

Regards, Steve Neago Cincinnati, OH

From: "Questor" <questor@cinci.rr.com> To: "Richard M Sachs" <richardsachs@juno.com> Cc: <Philcycles@aol.com>, <classicrendezvous@bikelist.org> Date: Sun, 12 May 2002 19:14:44 -0400

Subject: [CR]Re: legal rights for intellectual property - see VW Trends July 2002

Prehaps we may all learn from a distance about a similar unauthorized logo problem that embroils Volkswagen of America against many VW clubs and user groups. This dispute may predict OEM reactions and help guide CR members on how to license the reproduction of decals from manufacturers. The concern of unauthorized duplication/modification trademark or copyright logos is an on-going problem that has been accelerated by Internet use. This intellectual property topic is cover at length in the July 2002 issue of VW Trends magazine currently on newstands in the USA.

In the past, many VW clubs and third party manufacturers have openly used 'Volkswagen' or 'VW' names or logos to advertise club functions, newsletters, websites and third party products. Volkswagen of America (VWoA) is causing many (if not most) VW clubs concern and alienation by issuing 'cease and desist' letters ordering any reference to VW to be immediately taken off of any any club stationary, advertising, promotions, newsletters, websites etc. because this is an unlicensed and unauthorized use of the VW trademark name. VWoA claims that new license agreements for user groups are being reviewed by VW Corporate in Germany and will be implemented in the next several months.

VWoA has engaged a third party company to patrol its copyright and administer initial legal warnings to those who violate trademark/copyright. This group monitors all magazines, advertisements, and internet sites check who has legal written permission or affiliation to use the VW logo. Recently, a mail order retailer was forced into bankrupcy (Rocky Mountain Motorworks) for unauthorized reproduction, advertising, and sales of VW logos through shirts, keyfobs, auto parts, etc. Apparently, Rocky Mountain ignored a cease and desist letter that demanded thousands of dollars in initial damages and a complete halt in sales to any product associated with the VW logo

The VW Trends article contains a interview between the lead lawyer for intellectual property at VWoA and a staff reporter conveying club member anger. The article details past VWoA actions against companies that infringe their copryright/trademark.

Sadly, the article blindly displays just how litigious and willing to sue companies have now become to supposedly protect their trademark/copyright, even against user groups that boost the company image to the general public.

Steve Neago
Cincinnati, OH


----- Original Message -----
From: Pete Imandt
To: Classic Rendezvous
Cc: Jim Allen
Sent: Sunday, December 08, 2002 11:47 AM
Subject: Re: [CR]Trademark infringement?



>
> 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