Every time one of these new model with old model name cars come up, the
question is posed as to how that can be done, and what about the intellectual
property rights (trademark) of the old maker. The answer is as simple as this.
Trademark rights expire (are deemed abandoned) if they are not used. The use
does not have to be great, but after a reasonable period of non-use, the
trademark is again in the public domain. While in the public domain, the old
holder could resurrect the trademark, and the use to maintain it does not have
to be great. For example, had Chrysler put out an advertisement including
"Tiger" in its racing heritage, that would have been a use, and the trademark
would have been protected for a time thereafter.
As I understand it, however, neither Chrysler nor its English affilliates have
"used" Sunbeam or Tiger for years. Thus, any of us could have put out that car.
Nevertheless, check with your own attorney if you have any intents of marketing
under an old name like Isotta et Fraschini, Bizzarini, Ermeni, Crosley, Packard
or Hudson. And it's not always very simple. For example, there likely has not
been a new Arnolt Bristol sold since 1961, but I understand that the son of
Wacky Arnolt still makes replacement parts and uses the name. Thus, the
obscure Arnolt Bristol, out of production for over forty years, is likely not
in the public domain, while the Studebaker probably is. Hopes this clears some
of the issue up.
Bob Nersesian
B382000975
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