Comments on Property, intangible: "Heritage" Brands Revisited

Pamela, Thanks for filling in the blanks. You ha...

2011-02-23T10:28:49.674-05:00

Pamela,

Thanks for filling in the blanks. You have access to info about subsequent events that I don't.

In the interest of full disclosure, I run a web site devoted to orphan cars and brands like American Motors. I'm a small solopreneur who is frustrated when companies like Chrysler, whom I helped to bail out, allow their trademarks to lapse. Then they come swooping back in a few years later to reclaim them. Then they spend all this money policing the trademarks and shutting down guys like me who would like to help fans to celebrate their heritage brands.

Yes, I know I could just go out and get license for those brand names, but the cost of that license is onerous! Instead of spending all that effort to protect and defend, I wish they could be creative and find ways to enable. Maybe find ways to micro-license. It would be a win-win, and they could develop so many profitable partnerships.

If there's at least a little money to be made from a dead brand, wouldn't you think Chrysler would be better off harvesting that cash rather than damming the flow of it? They're lucky to own something that has residual good will after all these years. After all, you don't hear about too many people getting together for vintage refrigerator conventions.

I know you're an IP lawyer, and my licensing rant is off topic. Thanks for giving me a soapbox for just one minute.

I love your blog and how accessible your writing is, especially to non-legal people like me. I like reading about how people decide the ways in which we're all going to live together, and your analysis keeps it simple.

Keep it coming! ----Todd Ruel

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Todd, I found two Chrysler registrations, for T-s...

2011-02-22T22:20:44.689-05:00

Todd,

I found two Chrysler registrations, for T-shirts and die-cast car models. The latter was registered a few days ago. http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78661023.

The decision in the Florida Patent Lawyer Blog wasn't the end of the case but only decided one issue, fraud. After that, the faux AMC company ultimately defaulted and its registration was cancelled in June, 2010. http://ttabvue.uspto.gov/ttabvue/v?qs=78052364

With this registration of the way, Chrysler's registration for the die-cast models was ultimately allowed.

Hope that's helpful,

Pam

Sorry, Pamela. I got some facts wrong about my ea...

2011-02-22T10:07:22.404-05:00

Sorry, Pamela.

I got some facts wrong about my earlier comment. His name wasn't Plimpo, and he wasn't involved in the Chrysler/AMC trademark dispute. (Pimpo is the guy involved in the Rambler mark dispute.)

Instead, here's a link to some information about the case: http://www.floridapatentlawyerblog.com/2010/01/daimlerchrysler-suffers-setbac.html

So....do you have an opinion about how Chrysler is able to register the AMC trademark when it had apparently lapsed?

Pamela, In January 2010, Chrysler LLC was disputi...

2011-02-22T10:01:05.143-05:00

Pamela,

In January 2010, Chrysler LLC was disputing the ownership of the AMC name and its distinctive "A" logo. Apparently, a gentleman named Anthony Plimpo had registered it after it had been abandoned in 2005. The courts ruled in Plimpo's favor, as I understand the case.

But in December 2010, Chrysler registered the AMC name and logo. How can they do that? Do you know what happened in this case to allow Chrysler to be able to re-register a lapsed trademark?

I'm a classic car fan who is interested in the issue of abandoned trademarks. That's how I found your post on the issue about the Rambler trademark.

Just wondering if you have an opinion about this.

-----Todd Ruel