There seems to be a lot of discussion on this. Has anyone taken the lead on
this, and if not, is someone who has knowledge of this willing to do so?
Like Bob Palmer, I will contribute toward the legal fees, but I have no
knowledge of how to deal with this so contributions will be about as far as
I can take this. We need to do something quickly. Any takers?
We must assume that he will use this legal action to stop others, otherwise
he would not be doing it. Period.
Subject: Re: WFSWB --- VS trademark situ (topic change)
> We're talking about legal business issues here.. do not assume logic or
> common sense will rule the day.
>
> We need to consider that if he is granted trademark rights, it's
> largely the same result as if Sunbeam had been around all these years
> and sold them to him. The license $ may not be as much a motivation to
> order others to "cease and desist" using the brands as to maintain
> legal standing for when he goes after someone bigger that may try to
> horn in on using the brand relative to his "new" car. Any lack of
> consistency on his part around enforcing the rights, will compromise
> his legal position in protecting them. This is why Disney lawyers go
> after even the smallest "mom & pop" shops selling fake Mickey mouse
> stuff on e-Bay. It's not the license money they're after, it's all
> about protecting their brand investment.
>
> As I mentioned before, the prior use of the brands in public domain are
> probably all the leverage needed to stop his application or force him
> to establish a "free license" for specific pre-existing
> businesses/clubs.
>
> BUT, Once he has established legal trademark rights.. all the legal
> burden shifts, and he is in the drivers seat, and all of us would need
> to fight a court battle to overwhelmingly demonstrate the prior public
> use of the trademark, and still may not win the legal argument.
>
> Stephen
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