Announcement

Collapse
No announcement yet.

Pierce-Arrow ruling - Implications for SDC?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Pierce-Arrow ruling - Implications for SDC?

    From Hemmings...

    https://www.hemmings.com/blog/2020/0...ign=2020-01-08

    So now we can shut down all these knotheads trying to resurrect the Studebaker name with cheap Asian rebadged autos?
    The only difference between death and taxes is that death does not grow worse every time Congress convenes. - Will Rogers

  • #2
    I wonder if each defunct marque will have to prove in court, it's relevant "cachet."

    Comment


    • #3
      Interesting decision. A name/word can be registered as a trademark for a variety of things without conflict. The trade name Avanti is in use today for everything from cigars to mini-refrigerators. AFAIK. whomever owns the remains of the Avanti Motor Company still owns the rights to that name for automotive purposes. And at one time, Avanti Motors also owned the rights to Studebaker for automotive applications. They put that name on the prototype SUV that they showed at a couple of auto shows.

      Am not sure what criteria (except for conflicts with other trademark holders) the USPTO use to determine whether to approve a trademark for a given application. If one has a bit of time, one can bore down through the USPTO web site and determine all those who currently own (they need to be renewed annually) the rights to the Studebaker name.
      Skip Lackie

      Comment


      • #4
        Many of our signature symbols are trademarked and copyrighted and protected. We also have a plan in place to monitor their use and an Attorney who aggressively pursues unauthorized use of our secured marques. You can find those that are secured in the SDC Policy and Procedures Manual available on our website. If you see the use of one that you believe may be illegal or unauthorized please contact Mimi Halgrin.
        sigpicSee you in the future as I write about our past

        Comment


        • #5
          Originally posted by Skip Lackie View Post
          Am not sure what criteria (except for conflicts with other trademark holders) the USPTO use to determine whether to approve a trademark for a given application. If one has a bit of time, one can bore down through the USPTO web site and determine all those who currently own (they need to be renewed annually) the rights to the Studebaker name.
          Some may remember the 'Lexis vs. Lexus' suit over two totally unrelated products: https://www.latimes.com/archives/la-...194-story.html

          Its a wonder Fleetwood RV never got challenged for the name, 'Pace Arrow' for their line of motorhomes.

          Craig

          Comment


          • #6
            Skip - not just cigars and mini-fridges.... Italian airplane maker Piaggio has offered a line of sleek business planes known as the Avanti for quite some time.

            Here's one....
            https://skysearchblog.files.wordpres...anti_ii_a2.jpg


            The only difference between death and taxes is that death does not grow worse every time Congress convenes. - Will Rogers

            Comment


            • #7
              'Under the replica car act, replica car manufacturers have to obtain “license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration.” '

              Based on this statement, the Studebaker National Museum, being the custodian of the Studebaker engineering drawings, would be the current owner of the Studebaker product configuration, as far as creating replicas.
              Mark L

              Comment


              • #8
                Originally posted by Mark L View Post
                'Under the replica car act, replica car manufacturers have to obtain “license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration.” '

                Based on this statement, the Studebaker National Museum, being the custodian of the Studebaker engineering drawings, would be the current owner of the Studebaker product configuration, as far as creating replicas.
                I understand your point but don't think that is correct. Ultimately, this a question for lawyers, not old car nuts. As I noted above, whomever owns the remains of Avanti Motor Company presumably has certain rights WRT Avantis and Stude trucks -- and maybe Stude cars, too. They clearly are the "successors". But it is also possible that they are not the "current owner of such product configuration" if they haven't continued to renew their registration with the USPTO, A court would have to decide.

                The museum is a distinct and separate organization that just happens to own the old company paperwork and has registered the use of the word "Studebaker" for museum activities. It never had any corporate connection with the Studebaker Corporation or its successors. And as Don noted above, SDC also has registered the use of the Studebaker name for various club activities. But under the law, that doesn't give either the museum or SDC the right to use the name for building replica vehicles.
                Last edited by Skip Lackie; 01-12-2020, 05:07 AM. Reason: typo
                Skip Lackie

                Comment


                • #9
                  There was also a small boat with the name AVANTI

                  Comment


                  • #10
                    Originally posted by Skip Lackie View Post

                    The museum is a distinct and separate organization that just happens to own the old company paperwork and has registered the use of the word "Studebaker" for museum activities. It never had any corporate connection with the Studebaker Corporation or its successors. And as Don noted above, SDC also has registered the use of the Studebaker name for various club activities. But under the law, that doesn't give either the museum or SDC the right to use the name for building replica vehicles.
                    I wonder how that would apply if a current individual whose last name is Studebaker, especially one as a direct family descendant of John Studebaker, would choose to start building cars or trucks using his surname? If they weren't replicas, nor used any of the original model names, would that make a difference?

                    Comment


                    • #11
                      Originally posted by HOXXOH View Post

                      I wonder how that would apply if a current individual whose last name is Studebaker, especially one as a direct family descendant of John Studebaker, would choose to start building cars or trucks using his surname? If they weren't replicas, nor used any of the original model names, would that make a difference?
                      Just my opinion (which ain't worth much), but I would guess it would help a lot. Someone named Studebaker wouldn't be pirating the name of a defunct company like Pierce-Arrow, the example Chris Pile mentioned. But ultimately, "this a question for lawyers, not old car nuts".
                      Skip Lackie

                      Comment


                      • #12
                        Originally posted by Chris Pile View Post
                        So now we can shut down all these knotheads trying to resurrect the Studebaker name with cheap Asian rebadged autos?
                        Interesting you would word your statement that way. After all, Studebaker was trying to work out deals with toyota, Nissan, and I think Mitsubishi to build the same.

                        Home of the famous Mr. Ed!
                        K.I.S.S. Keep It Simple Studebaker!
                        Ron Smith
                        Where the heck is Fawn Lodge, CA?

                        Comment


                        • #13
                          ]Interesting you would word your statement that way. After all, Studebaker was trying to work out deals with toyota, Nissan, and I think Mitsubishi to build the same.
                          No kidding - WHEN THEY WERE STILL BUILDING CARS! Thus my usage of the word "resurrect", as in - from the dead.

                          The only difference between death and taxes is that death does not grow worse every time Congress convenes. - Will Rogers

                          Comment

                          Working...
                          X