Re: 1999 Packard prototype on Ebay

Posted by BH On 2009/5/28 14:58:53
Quote:
whatever chance it did have was certainly not helped by his cease & desist order against the Packard clubs for using the name in their publications.

Avanti issued a similar cease and desist order to vendors in the hobby circle back in the late 1980s. By virtue of their ownership of the trademark(s), they were completely within their rights to do that. Yet, the Big Three have long forced vendors to pay licensing fees, lest they suffer raids and seizures of contraband property by the FBI.

Regardless, I do feel that the AZ company could have handled the Packard trademark situation better. Moreover, I believe that PMCC granted PAC some sort of permission to use the script and coat of arms back in 1953. If only out of courtesy, any subsequent owner of the trademark rights should have extended same.

I don't, however, believe that the club now has a legitmate and exclusive right to said trademarks. I find it incredible that the USPTO would grant PAC such rights when so many other entities have been using the script and symbols in same markets, with no authorization, for decades. The club might have filled out the paperwork and paid their fees, but I don't think their claim would hold up in a court of law.

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