guionM
03-05-2007, 12:58 PM
This started as an answer in another thread here, but the subject of car names from the past has come of fairly often, usually attached to the latest rumor related to Chrysler bringing back the 'Cuda or GM bringing back the "Trans Am".
Some 2nd tier (or lower) car magazines in the effort to generate more sales or less evolved enthusiast websites (the kind that fake up Corvettes as future models, for instance) are the ones behind this just as often as a poster who heard it from "a friend of a buddy's neighbor's brother-in-law who knows someone who's dad golf's with..."
I would guess they would. Why would MB keep plymouth or eagle nameplates.
and who does own the AMC nameplates??
The "American Motors Corperation" name is owned (to a large degree) by DaimlerChrysler. I say "to a large degree" because if someone wanted to lay claim to it, they might actually pull off getting the name & logo and win in court if DCX tried to prevent it. You'll see why in a moment.
"Javelin", like "Cuda" and "Barracuda" became abandoned trademarks and was picked up by someone else. Honeywell and a bike company use it.
"Matador" & "Hornet" is a record company & animation company, respectively.
"Gremlin", though also abandoned, apparently hasn't been trademarked.
"Pacer" is now the "Parent Advocacy Coalition for Educational Rights", though I'm not sure they trademarked the name.
Trademark subjects have come up often here, so here's the scoop.
A Trademark can be considered abandoned if not reregistered for 3 years, but if the owner can show intent that they "didn't plan on abandoning the trademark", then apparently they can still reestablish ownership.
Also some thing called "Lasting Goodwill" has been enough to keep ownership of a trademark. Examples: Short periods of non-use (5-8 years), non-use beyond owner's control (ie: labor disputes, bankruptcy, etc..), and continued efforts to sell the trademark or business. Another loophole to keep a trademark (especially in the auto world) is to continue manufacturing parts for the trademarked item.
If Chrysler never stipped making parts specifically for the 'Cuda (not generalized parts that could be used in anything else, ie: an engine or transmission versus a body stamping) they could still lay claim to the "Cuda name.
True story: Ford came within a whisper of losing the "Cobra" name in 1991 or 92. Ford's legal department advised Ford to use the Cobra name on something quickly, or at the very least show supportable intent to use the name. A set of emissions legal GT40 style heads and intake, and a pair of tail lights from the 6 year dead SVO Mustang along with a few cosmetic items, and Ford got to keep the Cobra name.
Ford is keeping the Thunderbird name by continuing to publically say the Thunderbird will return "some day", and because they can demonstrate (pretty much beyond any doubt) that they have had financial difficulties preventing them from reusing the name, Ford will be able to continue to lay claim to the Thunderbird name till it either goes under, or has some years of profits as long as they continue to show intent.
"Trans Am" is a copyrighted name of the Sports Car Club of America. Since they actually created the name (as opposed to a name already in existance), they have a copyright. They have pretty much lifetime ownership of that name, and no one else will ever make money off of the "Trans Am" name without SCCA's permission and profiting.
On the flip side, Firebird being a name that existed before can only be trademarked. When Bob Lutz and Lynn Myers were saying things like "the Firebird's days were over" & "that's not the direction Pontiac is going". they happened to unwittingly and unintentionally open the door for anyone who wanted to lay claim to the name "Firebird". It's been 5 years since GM last made a Firebird, so they are getting into the period where they have to make a decision on bringing back the name, reapplying for the trademark (if they already haven't), or face the likelyhood of loosing it within the next few years.
Going back to AMC, Chrysler bought the company in the late 80s. They no doubt owned the name because they continued with the Eagle division (which was essentially AMC) for many years afterwards and continued to make AMC parts for a period of time.
The Eagle division got shut down, and after Mercedes Benz took over Chrysler, they shut down Plymouth. Combine that with the fact it's been about 20 years since Chrysler-***-DaimlerChrysler made use of the "American Motors Corperation" name, it's clearly abandoned.
BUT...."AMC" can't be used as a registered trademark for the American Motors Corperation, if anyone did trademark the actual name.
It's trademarked by AMC Entertainment Inc. The national moviehouse chain.
Some 2nd tier (or lower) car magazines in the effort to generate more sales or less evolved enthusiast websites (the kind that fake up Corvettes as future models, for instance) are the ones behind this just as often as a poster who heard it from "a friend of a buddy's neighbor's brother-in-law who knows someone who's dad golf's with..."
I would guess they would. Why would MB keep plymouth or eagle nameplates.
and who does own the AMC nameplates??
The "American Motors Corperation" name is owned (to a large degree) by DaimlerChrysler. I say "to a large degree" because if someone wanted to lay claim to it, they might actually pull off getting the name & logo and win in court if DCX tried to prevent it. You'll see why in a moment.
"Javelin", like "Cuda" and "Barracuda" became abandoned trademarks and was picked up by someone else. Honeywell and a bike company use it.
"Matador" & "Hornet" is a record company & animation company, respectively.
"Gremlin", though also abandoned, apparently hasn't been trademarked.
"Pacer" is now the "Parent Advocacy Coalition for Educational Rights", though I'm not sure they trademarked the name.
Trademark subjects have come up often here, so here's the scoop.
A Trademark can be considered abandoned if not reregistered for 3 years, but if the owner can show intent that they "didn't plan on abandoning the trademark", then apparently they can still reestablish ownership.
Also some thing called "Lasting Goodwill" has been enough to keep ownership of a trademark. Examples: Short periods of non-use (5-8 years), non-use beyond owner's control (ie: labor disputes, bankruptcy, etc..), and continued efforts to sell the trademark or business. Another loophole to keep a trademark (especially in the auto world) is to continue manufacturing parts for the trademarked item.
If Chrysler never stipped making parts specifically for the 'Cuda (not generalized parts that could be used in anything else, ie: an engine or transmission versus a body stamping) they could still lay claim to the "Cuda name.
True story: Ford came within a whisper of losing the "Cobra" name in 1991 or 92. Ford's legal department advised Ford to use the Cobra name on something quickly, or at the very least show supportable intent to use the name. A set of emissions legal GT40 style heads and intake, and a pair of tail lights from the 6 year dead SVO Mustang along with a few cosmetic items, and Ford got to keep the Cobra name.
Ford is keeping the Thunderbird name by continuing to publically say the Thunderbird will return "some day", and because they can demonstrate (pretty much beyond any doubt) that they have had financial difficulties preventing them from reusing the name, Ford will be able to continue to lay claim to the Thunderbird name till it either goes under, or has some years of profits as long as they continue to show intent.
"Trans Am" is a copyrighted name of the Sports Car Club of America. Since they actually created the name (as opposed to a name already in existance), they have a copyright. They have pretty much lifetime ownership of that name, and no one else will ever make money off of the "Trans Am" name without SCCA's permission and profiting.
On the flip side, Firebird being a name that existed before can only be trademarked. When Bob Lutz and Lynn Myers were saying things like "the Firebird's days were over" & "that's not the direction Pontiac is going". they happened to unwittingly and unintentionally open the door for anyone who wanted to lay claim to the name "Firebird". It's been 5 years since GM last made a Firebird, so they are getting into the period where they have to make a decision on bringing back the name, reapplying for the trademark (if they already haven't), or face the likelyhood of loosing it within the next few years.
Going back to AMC, Chrysler bought the company in the late 80s. They no doubt owned the name because they continued with the Eagle division (which was essentially AMC) for many years afterwards and continued to make AMC parts for a period of time.
The Eagle division got shut down, and after Mercedes Benz took over Chrysler, they shut down Plymouth. Combine that with the fact it's been about 20 years since Chrysler-***-DaimlerChrysler made use of the "American Motors Corperation" name, it's clearly abandoned.
BUT...."AMC" can't be used as a registered trademark for the American Motors Corperation, if anyone did trademark the actual name.
It's trademarked by AMC Entertainment Inc. The national moviehouse chain.