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Re: 2010 Yenko/SC Camaro
[ QUOTE ]
Yenko, Nickey, Dana, Gibb, Mr. Norms etc. is long gone. Let these new cars live on their own identity. If Berger wants to do a car fine they still have a dealership. Like Darren says....call it Camaro by: "The SCW" or "T.C. Enterprises" or "Bimbi Performance" of Chicago. Let the new cars with the new mods stand on their own. If not, it just seems to be a knock-off name of something 40 years old. Why would a 2010 camaro from a Chicago Chevy dealer or any other dealer have any clout if it says Yenko or any other long gone dealers name on it? https://www.yenko.net/ubbthreads/imag...lins/dunno.gif I agree with you Sam. Those cars should not be reproduced using those legendary names. Just my .02 |
Re: 2010 Yenko/SC Camaro
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Re: 2010 Yenko/SC Camaro
Pete, I am not concern at all with competition. But since you ask, I have no intentions at this time to build a 2010 Yenko Camaro. We have no version on the drawing table at this time. However, if the opportunity arose I would consider it, but only if I had reached some type of licensing aggrement from whoever owns the rights to the name Yenko. As I stated earlier if Tom obtains an approval to use the name Yenko then at least it is legal. Then let the industry and the market decide if it’s right or wrong.
As far as the re-pop bodies as you call them, at the time I was building an inventory for Dynacorn. Dynacorn later on decided to have all bodies assembled in Taiwan and would now sell me the components for American Muscle Cars to brand name the bodies as U.S. built by American Muscle Cars. We were licensed by GM's Licensing division which including several different testing to qualify. Dynacorn then refused to sell us the components and we never got chance to build a turn key 1969 Camaro. But, what I would tell a prospectus customer is to check the laws of the state that they would be titling the vehicle in. Thanks for asking. |
Re: 2010 Yenko/SC Camaro
[ QUOTE ]
[ QUOTE ] Yenko, Nickey, Dana, Gibb, Mr. Norms etc. is long gone. Let these new cars live on their own identity. If Berger wants to do a car fine they still have a dealership. Like Darren says....call it Camaro by: "The SCW" or "T.C. Enterprises" or "Bimbi Performance" of Chicago. Let the new cars with the new mods stand on their own. If not, it just seems to be a knock-off name of something 40 years old. Why would a 2010 camaro from a Chicago Chevy dealer or any other dealer have any clout if it says Yenko or any other long gone dealers name on it? https://www.yenko.net/ubbthreads/imag...lins/dunno.gif I agree with you Sam. Those cars should not be reproduced using those legendary names. Just my .02 [/ QUOTE ] This is just one of the great things about our country, if you don't like the idea or product offered, then you don't have to support it with your $$$$votes$$$$. I have seen Iconic Brands brought back to life in Motorsports, some I even supported with my hard earned dollars and some I didn't. MV Agusta Triumph Scarab Indian Just to name a few. None of this will change what was done back in the day. This will not rewrite History. It may however bring enjoyment to the friends, families, employees, enthusiasts as well future generations, who have a pasion for these Icons and want something Modern which has a nostalgic tie to the past. Carl Wegner wears a Nickey hat virtually every single day. He chooses to do so because he says that no matter where in the US he travels, no matter the race track, someone is always ready to share an interesting story about the Original Nickey Chevrolet and it always brings a smile to those fortunate enough to involved with the conversation. He is proud to be part of projects which help perpetuate these Legacies. He was there back in the day, just like; Don Swiatek, Ronnie Kaplan, Helen Gibb, Nancy Gibb, Bob Lionberger and Lynn Yenko, Donna Mae Mimms, Mr.Ed and Mr. Norm, just to name a few, unlike many who have posted on this thread. If you would like to try to understand the importance and significance of these Modern "commemorative" cars, why don't you just ask those who have been there themselves. I know I have! One of the pleasures I get to experience is that not a week goes by where my family and I, do not get thanked for keeping the torches burning. BTW, tell Ronnie Kaplan 82 years young, that the hours he spent at our shop, helping to design our dry sump system for the 427 engines last week doesn't mean anything..... He will tell you that one of the very reasons he is involved is because of the "Name" that car will carry and to quote him ,......"I don't want you to f^%dge it up..." |
Re: 2010 Yenko/SC Camaro
He sure has a way with words. https://www.yenko.net/ubbthreads/imag...mlins/haha.gif
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Re: 2010 Yenko/SC Camaro
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...... It seems to me it’s only a good idea to use the Yenko name if the idea stems from this site or if you are high ranking member of this site. Just my opinion! [/ QUOTE ] Salvatore, this statement surprises me, as it has not been that long ago that you were willing to pay a sponsorship fee to become one of these "high ranking members". Jim; At the SEMA show a couple of years ago you and I had a nice visit, discussing your ’69 continuation car, as well as other Yenko related topics in general. Once I returned home, you contacted me asking if I would do a couple of things. One, you wanted to announce your ’69 project on our site, which was allowed, without censorship or a fee. Not mine, nor the club’s fault, that the car was not well received. Second, you asked if I would submit your idea to the Yenko family for their approval, which I did. Once again, not my fault that the family declined. Why am I the bad guy now? |
Re: 2010 Yenko/SC Camaro
Its my understanding Stefano worked very hard and long to obtain the rights to the Nickey Chicago name. The cars are very cool and a wonderful reflection on the Nickey legacy and create a lot of excitement while bringing many fresh faces to learn about the Nickey cars back in the day. My kids would never have asked what Nickey was if I wasn't wearing the shirt around? Because Stefano and his guys are keeping the legend alive my kids and many others now know what Nickey Chevrolet was and is.
I have two Yenko Camaro's and would love to own one or two of the new ones Tom and his boys are working on. Who better than Tom and the rest of the guys behind the project to keep the Yenko name out there for this new generation of Camaro enthusiasts. Who has worked harder with this site and the reunion to keep the Yenko flame burning for future generations??? Where else can you go and find Yenko VINs and get first hand reliable information about Yenko's than here???If anyone other than Tom and his crew were involved I would have no interest. But Tom Clary and the other members of the project brings the creditablity to this project no one else has other than a surviving Yenko family member. Morever the most common question I get regarding my cars is "whats a Yenko" these new cars will not deceive anyone into thinking they are anything other than a great tribute to a great car builder named Yenko. Keep the flames burning guys!!!! |
Re: 2010 Yenko/SC Camaro
I think some of you are missing the bigger picture. If we say no more Yenkos, Nickeys, Giibs, whatever, unless they are “real”, do we say the same thing about other cars from our past, such as nostalgia drag cars and Gassers, cars influenced by Old Reliable, Red Alert, Grumpy’s cars, Sox/Martin, or period built Gassers and altereds, etc? What about Hemis, Cobras, even modern street rods? IMO, no. As the values of these cars increase, both in $$ amounts and sentimental values, less and less folks are able to really enjoy their “real” cars, often times even afraid to show them. So do we just shut things down for the lack of “real” cars? I say no! Yes, when I attend a car show I prefer to see “real” musclecars, but enjoy looking at most everything, same as when I attend a nostalgia drag race, where I would rather watch cars from back in the day go down the track, but I enjoy the sights and sounds of all of the race cars. Tributes, clones, continuation cars, will never replace the real thing, but they can help our performance-based hobby survive, hopefully for future generations to enjoy.
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Re: 2010 Yenko/SC Camaro
Les.. I hear you. Though my grandkids think our older stuff is neat, they are really digging the 2010 Yenko. Bimbi planted the seed with those cool looking Nickey t-shirts, and now seeing the mock pics of my Yenko, are really excited. Of course they like the fact that we can actually take the 2010 "to town".
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Re: 2010 Yenko/SC Camaro
[ QUOTE ]
Who better than Tom and the rest of the guys behind the project to keep the Yenko name out there for this new generation of Camaro enthusiasts. Who has worked harder with this site and the reunion to keep the Yenko flame burning for future generations??? Where else can you go and find Yenko VINs and get first hand reliable information about Yenko's than here???If anyone other than Tom and his crew were involved I would have no interest. But Tom Clary and the other members of the project brings the creditablity to this project no one else has other than a surviving Yenko family member. Morever the most common question I get regarding my cars is "whats a Yenko" these new cars will not deceive anyone into thinking they are anything other than a great tribute to a great car builder named Yenko. Keep the flames burning guys!!!! [/ QUOTE ] Well said Les. My thoughts exactly. |
Re: 2010 Yenko/SC Camaro
Tom, will you get approval from the Yenko family to do these cars? I would think that you would have to.
James |
Re: 2010 Yenko/SC Camaro
Berger Chevrolet is back! Yes we will be building 20 Berger SS cars for the 2010 Camaro. We will unveil the car this Saturday the 29th at our all Chevy Show here in Grand Rapids, Michigan. Hope to see all you there. We are taking orders so give me Dick Jacques a call at 616-293-1850 to reserve yours.
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Re: 2010 Yenko/SC Camaro
Without pics I don't believe these cars really exist...just like bigfoot...now put out... https://www.yenko.net/ubbthreads/imag...mlins/grin.gif
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Re: 2010 Yenko/SC Camaro
It's great to see Berger is also in the 5th generation performance arena!
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Re: 2010 Yenko/SC Camaro
I am all for it!!! Wish I could afford it......thanks Tom! BTW, Tom Henry is building his own as well.....in case ya didn't know.
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Re: 2010 Yenko/SC Camaro
Tom,
As mentioned earlier, these new 2010 Yenko Camaros are going to be incredible cars for all to see. I can't wait to actually set my eyes on one in person. Think of all the people that missed out on their first opportunity to buy a Yenko back in the sixties - now is time to take advantage of another opportunity to jump on board! Thank you again from all us "car guys" to make this a reality. Kudos! https://www.yenko.net/ubbthreads/imag...mlins/haha.gif |
Re: 2010 Yenko/SC Camaro
I have heard about the Berger and Tom Henry cars, as well as offerings from Hennesey and Lingenfelter. All are cool in their own way.
Not since the '60s have we seen such interest in performance upgrades. Though old enough, because of $$$, I was not player the first time around. |
Re: 2010 Yenko/SC Camaro
Tom, it appears everyone will be a winner when it comes to checking out these specialty 2010 Camaros at local car shows, etc. Things are getting very exciting around here! I can't wait to go to next years GM Nationals at Carlisle and other GM venues to check out these cars.
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Re: 2010 Yenko/SC Camaro
Even more cool may be when a couple of these "supercars" meet at the drag strip, to determine the "baddest of the bad".
Word is Nickey Chicago will do some "testing" at Gateway during the SCR. https://www.yenko.net/ubbthreads/imag...ins/3gears.gif |
Re: 2010 Yenko/SC Camaro
I think it is a great idea to build these new camaros up. I just don't know why we have to use the Yenko, Nickey, Baldwin etc. platform anymore. I think the people involved doing them should come up with their own version of a name. If it is not called a Yenko or whatever will it be less of a car? Call it The Stefano or The SCW camaro. Do you think you need the old names to market these new hot rods.....I don't. Is Berger Chevy going to call there new camaro a Yenko? How about Tom Henry? https://www.yenko.net/ubbthreads/imag...lins/dunno.gif
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Re: 2010 Yenko/SC Camaro
To me it is not about marketing.
I have always thought it was neat that several ZL-1 owners had '02s built to match their '69s and thought it would be cool to do a 2010 to match our '69. BTW, the decision to build others came from folks who liked what I was doing. |
Re: 2010 Yenko/SC Camaro
Thomas,
Yes I did and thanks for getting back to me on that so quickly. You prove exactly what I wrote. However, Im still willing to write the check so I can be considered, like you an expert, then I can build a Yenko too! Let me know where to send the check! Just my opinion. |
Re: 2010 Yenko/SC Camaro
As a "Modern Muscle Car Enthusiast" who has had the opportunity to develop some great friendships through this yenko.net community I want to Thank this site for the passion we are all able to share here. Where else can you go and get such VARIED OPINIONS yet everyone be SO PASSIONATE about something? I am very honored to be a member of this site and look forward to seeing all the passion in so many different forms we are going to get to see with this new 2010 Camaro!!!! I say bring them on and for those of you who do not believe in these new products we will respect your opinion although we do not share it.
Thanks again Dennis Barker https://www.yenko.net/ubbthreads/imag...ins/3gears.gif https://www.yenko.net/ubbthreads/imag...ins/3gears.gif |
Re: 2010 Yenko/SC Camaro
Tom:
Two things, to Sal's point, several years ago on this forum the statements were made "if Don did not build it, it ain't a Yenko." Those thoughts were echoed throughout this forum. Now a group on this forum decides to build a 2010 Yenko and it's agood idea. I believe that was his intitial point. Outside of this forum people perceive this website group as very "clickish". I am glad to see this type of debate, this is how it should be. Second, to Sal's point also, Sal and I are both elected into SEMA/ARMO by our peers. We work with GM, Ford and Chrysler licensing personell and have sit down meetings with them at SEMA concerning "how to do it right and legal" Sal was simply stating, you should do this legal. According to the trademark office Yenko is owned by Classic Industries in all concerns automotive except model cars/toys. The Yenko family does not own there own name in regards to putting it on a car for commercial purposes. As paceme said earlier in this thread that I responded to, Yes you can buy a Yenko decal and put it on your Yugo and have no problems. The moment you put it on a car and sell or market the car for commercial purposes you have violated the law. IT is a simple fact the name it TRADEMARKED. So the question is are you doing it legally? Or is this going to be another fight in the industry and result in legal issues and lawsuits. The are things going on with the Yenko name out there that Sal and I know about but are not allowed to discuss. Both of us feel you owe this forum a straight answer as not to get peoples hopes up and then have them crashing down when you cannot produce the cars. I am not meaning to challenge you, just simply answer Sal's original question(s) By the way, I have been through the legal side of this, the use of Camaro, licensed with GM, sued and defended myself since all of this was introduced, has anyone else here been through the legal side of this? |
Re: 2010 Yenko/SC Camaro
I think you guys should pay for a membership. Just my $.02
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Re: 2010 Yenko/SC Camaro
Jim, Sad to say, I am not new to the world of trademarks and such disputes and would not have endorsed such a project without doing some research. It would be nice if everything was black and white in regards to trademarks, but as I am sure you know, lots of gray areas, which is why there are attorneys who only specialize in trademark issues. You and I, and others, could argue about who really has the rights to the Yenko name until the cows come home, but would not really prove a thing. That will be for the courts to decide, if and when someone makes a legal challenge against our use of the name.
If such challenge does come to pass, IMO, the challenger may win a battle or two, but will not win the war, AKA, public opinion. With that said, I would like to ask you a question. Have you, Salvatore or even Classic received permission from the Yenko family to use the Yenko name, or for that matter, ever bothered to even ask? I believe very strongly that the families should have some control over the use of their names, which is why I urged Valerie Harrell to trademark the DH name, even gave her the money to do so. I gave Helen Gibb the same advice, and not long ago helped her defend her rights to the Gibb name. I could have been like others and registered the marks in my name, or the sYc’s name, but that was not the right thing to do. There are more important things in this world then trying to make a quick buck at the expense of others. Several folks have asked about the Yenko family in all of this. I will give a short history question, then answer that. 13 years ago, as we were discussing holding the first Yenko/Supercar Reunion, the sYc asked for, then received, written permission from the Yenko estate/family to use the Yenko name, as far as I know the only entity to bother asking, and the only entity to receive such permission. At that time the sYc began using the Yenko name in various forms, well before others became interested in jumping on the Yenko bandwagon. For the past 13 years, working with members of the Yenko family, the sYc has done its best to promote the Yenko name in a positive manner, and evidently we did a pretty good job or else we would not be having this discussion. For the past several years I have become good friends with the remaining members of the Yenko family, also, kind of the buffer between them and our hobby. Any time I am contacted about something Yenko related, or hear of something that think they need to be made aware of, I send that info their way. Two things kept popping up. One, a Yenko book, which I am proud to say will be previewed at the SCR, and two, the family endorsing the building of more Yenkos. Their answer has always been the same, no thanks. That is until now. I am proud, and delighted, to say that I have received a positive response from within the Yenko family, one member even expressing interest in owning a “new” Yenko Camaro. That my friend, is good enough for me! |
Re: 2010 Yenko/SC Camaro
Tom , I have been down this road too. https://www.yenko.net/ubbthreads/images/graemlins/bs.gif
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Re: 2010 Yenko/SC Camaro
[ QUOTE ]
Jim, Sad to say, I am not new to the world of trademarks and such disputes and would not have endorsed such a project without doing some research. It would be nice if everything was black and white in regards to trademarks, but as I am sure you know, lots of gray areas, which is why there are attorneys who only specialize in trademark issues. You and I, and others, could argue about who really has the rights to the Yenko name until the cows come home, but would not really prove a thing. That will be for the courts to decide, if and when someone makes a legal challenge against our use of the name. If such challenge does come to pass, IMO, the challenger may win a battle or two, but will not win the war, AKA, public opinion. If such challenge does come to pass, IMO, the challenger may win a battle or two, but will not win the war, AKA, public opinion. With that said, I would like to ask you a question. Have you, Salvatore or even Classic received permission from the Yenko family to use the Yenko name, or for that matter, ever bothered to even ask? I believe very strongly that the families should have some control over the use of their names, which is why I urged Valerie Harrell to trademark the DH name, even gave her the money to do so. I gave Helen Gibb the same advice, and not long ago helped her defend her rights to the Gibb name. I could have been like others and registered the marks in my name, or the sYc’s name, but that was not the right thing to do. There are more important things in this world then trying to make a quick buck at the expense of others. Several folks have asked about the Yenko family in all of this. I will give a short history question, then answer that. 13 years ago, as we were discussing holding the first Yenko/Supercar Reunion, the sYc received written permission from the Yenko estate/family to use the Yenko name, as far as I know the only entity to bother asking, and the only entity to receive such permission. At that time the sYc began using the Yenko name in various forms, well before others became interested in jumping on the Yenko bandwagon. For the past 13 years, working with members of the Yenko family, the sYc has done its best to promote the Yenko name in a positive manner, and evidently we did a pretty good job or else we would not be having this discussion. For the past several years I have become good friends with the remaining members of the Yenko family, also, kind of the buffer between them and our hobby. Any time I am contacted about something Yenko related, or hear of something that think they need to be made aware of, I send that info their way. Two things kept popping up. One, a Yenko book, which I am proud to say will be previewed at the SCR, and two, the family endorsing the building of more Yenkos. Their answer has always been the same, no thanks. That is until now. I am proud, and delighted, to say that I have received a positive response from within the Yenko family, one member even expressing interest in owning a “new” Yenko Camaro. That my friend, is good enough for me! [/ QUOTE ] Tom: Yes, I have spoken with Lynn several times and to that end she has never said no. When you and I discussed this before and you went to the Yenko family you never responded to me as to what the family said, or at least I have no response from you. As you stated all of this will be for the courts to decide. Is the Yenko family aware of the potientail legal issues? Are they aware how t he name is trademarked? I will make a statement though that I believe is on point. My last name is Barber, think if my family would have licensed the name or trademarked it in some way...look at all the "Barber shops" out there today. Simply because I have the last name of Barber does not mean I can give anyone permission to use it. Again to Sal's point of legality. I thank you for answering the question directly, I applaud you for that. Good luck with you project and I hope the lawyers don't end up making more money! Jim |
Re: 2010 Yenko/SC Camaro
Tom,
Thanks, thats what I was looking for. I appreciate that info. Good luck with your 2010 project! |
Re: 2010 Yenko/SC Camaro
[ QUOTE ]
I think it is a great idea to build these new camaros up. I just don't know why we have to use the Yenko, Nickey, Baldwin etc. platform anymore. I think the people involved doing them should come up with their own version of a name. If it is not called a Yenko or whatever will it be less of a car? Call it The Stefano or The SCW camaro. Do you think you need the old names to market these new hot rods.....I don't. Is Berger Chevy going to call there new camaro a Yenko? How about Tom Henry? https://www.yenko.net/ubbthreads/imag...lins/dunno.gif [/ QUOTE ] Sam, we have tried, but hard to put into words. All I can say, and I will leave it at this. You need to attend an event with family members and former employees who are involved in such projects. I think it may have been Nancy Gibb's excietment over her new Camaro becoming the prototype for the Gibb project that chased the rain away during the Gibb show. |
Re: 2010 Yenko/SC Camaro
Jim,
No one is required to run down and obtain the federal trademark rights to their family name so they can use it or to prevent others from using it. Don Yenko didn't need a federal trademark or copyright license to slap his name on the side of the cars he sold. Nor did he need a federal trademark or copyright license to prevent others from using his name back in the day. When Don Yenko operated his business he had some form of business entity possibly an "S" or "C" corporation or perhaps a sole propreitorship? He would have filed documents with the state to operate his business that generates rights that precede yours. The Yenko estate has state rights to the Yenko name and logo back from the days the dealership was operating that clearly precede your rights. The fact they haven't yet tried to stop you from using their name in court is meaningless. Thousands of quick buck artists every year obtain trademark rights to names until the families decide to take legal action and rectify the situation. My name is not a trademark and if you were using it to sell products I wouldn't need to trademark my name or challenge your trademark if you obtained one to stop you from using it there are other easier, quicker and less costly methods. If I was advising the remaining Yenko family I would strongly encourage them to litigate and contest your use of their name and go after any profits you have made. The rights to a name or process are not won by a race to the trademark office. Some names such as Barber are generic in nature and can't be licensed except to the extent they pertain to a specific person or entity. I can sell items such as "Barber" products as long as the products wouldn't lead people to believe they were genuine "Jim Barber" camaro products relating to you. If I owned a Chevy dealership and was building and selling Quam supercamaro's in Nevada just because I haven't obtained a federal trademark or copyright to "Quam supercamaro's" doesn't mean you can run down and obtain the trade mark rights and deceive people into thinking you are the creator of the "Quam supercamaro" Trademarks, tradenames, patent law and copyright law are one of the most complex area's of law that even most lawyers have a tough time understanding. This post is but a simple discussion of a complex subject. |
Re: 2010 Yenko/SC Camaro
Although I wouldnt consider the new Yenko Camaro a Real Yenko or worth anymore than one I or anyone else could build, I think its CRAZY that people are whinning about rights to the NAME!!
Unless the YENKO family recieved big money from Classic Industries I think its total B.S. how they can come in and take a Name especially when there is surviving family. If Tom is close to the family and they gave to OK to build some cars with there name on it then that should be the only thing that COUNTS! AMERICA IS SO SCREWED UP!!!! Just like Valerie Harrell should own her name and The Gibbs should own theyre name Yenko should be the same and so on. I know Id be more than happy to donate $500 to legal fund if it came to that and the Yenko family was on board. Better yet why not build the cars to customer spec. and leave the decals in the trunk and let the customer put them on.. The your just selling a Super Tuned Camaro with a set of Yenko Decals in the trunk. |
Re: 2010 Yenko/SC Camaro
The decals in the trunk is splitting hairs, especially if they are/were designed for the new 2010 body, they are still part of the commercial package. If you purchased the exisiting decals that may be a different story. As for the name, I know the story of how Classic obtained it and do not feel I should disclose that detail simply to say they were not looking to obtain it. It happen through a business transaction. The trade mark facts were discussed here several years ago, and since they have not been challenged and they have a history of marketing and use the president is there. Those here that stated they have history with trademarks understand that you must show "use" of the mark PRIOR to applying.
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Re: 2010 Yenko/SC Camaro
To all... this is great advertising for the new 2010 Yenko Camaro, Berger Camaro, Nickey Camaro, Gibb Camaro, Henessey Camaro, and all other new Super Camaros I have not named. I can't wait to get my hands on one of these cars! I just don't understand all this complaining. This is AMERICA. We DO NOT live like some folks do in poverty abroad afraid to step outside our doors. Enjoy what we have here and don't get too caught up in this silly stuff. Life is too short. Everyone is a winner here! https://www.yenko.net/ubbthreads/imag...lins/smile.gif
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Re: 2010 Yenko/SC Camaro
No big secret, Mr. David Heth, who had registered the Yenko crest in 1995, lets just say, fell on hard times, letting the mark go, which Classic picked up.
Up until then, most folks, such as myself and supercar Collectables, acknowledged his rights to the Yenko crest. Intersting, and ironic, back then, that to get to Mr. Heth, one had to go through Classic. It was during this transsition from David Heth and to Classic that the door became wide open for any and everybody (except diecast, which SC registered) to use the Yenko name, including the Yenko crest, in all shapes and sizes, on products of all kinds. As we speak, on Ebay, just in Ebay Motors, there are 859 products for sale related to Yenko, from t-shirts, stickers, stripe kits, valve covers, to cars, complete with stripes and emblems. And I think I am safe to say most do not have the approval of Classic to do so. And, if they do not have Classic's permission, has Classic made a legal challenge against their use of the Yenko name? |
Re: 2010 Yenko/SC Camaro
[ QUOTE ]
Jim, No one is required to run down and obtain the federal trademark rights to their family name so they can use it or to prevent others from using it. Don Yenko didn't need a federal trademark or copyright license to slap his name on the side of the cars he sold. Nor did he need a federal trademark or copyright license to prevent others from using his name back in the day. When Don Yenko operated his business he had some form of business entity possibly an "S" or "C" corporation or perhaps a sole propreitorship? He would have filed documents with the state to operate his business that generates rights that precede yours. The Yenko estate has state rights to the Yenko name and logo back from the days the dealership was operating that clearly precede your rights. The fact they haven't yet tried to stop you from using their name in court is meaningless. Thousands of quick buck artists every year obtain trademark rights to names until the families decide to take legal action and rectify the situation. My name is not a trademark and if you were using it to sell products I wouldn't need to trademark my name or challenge your trademark if you obtained one to stop you from using it there are other easier, quicker and less costly methods. If I was advising the remaining Yenko family I would strongly encourage them to litigate and contest your use of their name and go after any profits you have made. The rights to a name or process are not won by a race to the trademark office. Some names such as Barber are generic in nature and can't be licensed except to the extent they pertain to a specific person or entity. I can sell items such as "Barber" products as long as the products wouldn't lead people to believe they were genuine "Jim Barber" camaro products relating to you. If I owned a Chevy dealership and was building and selling Quam supercamaro's in Nevada just because I haven't obtained a federal trademark or copyright to "Quam supercamaro's" doesn't mean you can run down and obtain the trade mark rights and deceive people into thinking you are the creator of the "Quam supercamaro" Trademarks, tradenames, patent law and copyright law are one of the most complex area's of law that even most lawyers have a tough time understanding. This post is but a simple discussion of a complex subject. [/ QUOTE ] You are confused....I don not have the name trademarked. See Tom's post below |
Re: 2010 Yenko/SC Camaro
I have no idea who has what name trade marked and I mean no one any disrespect but let me clarify my opinion and elaborate briefly.
When Don Yenko died he had property as all of will have when we pass. Some of Don Yenko's I imagine was real estate? Some was personal property like cars and personal effects. Some was probably contractual rights with Chevy etc? Some was in my opinion most clearly whats known as an intellectual property right also commonly known as a brand name he had created. When Don Yenko was killed ALL his property of every nature would have passed to his heirs through a trust if he had one or through a will or finally if no will or trust existed through the courts who would have divided up his property for him. Don Yenko's heirs would have inherited all his property rights including the somewhat intangible intellectual property right of his Yenko brand name he had created, unless of course Don Yenko had before his death created a trust or will and assigned those rights to someone else? Assuming that is not the case one of Don Yenko's heirs right now today owns the imtellectual property rights to his brand name relating to his cars. Whether the heirs understand or know they own those property rights I have no idea?? Simply because the Yenko heirs have apparently not chosen to trade mark and protect their property rights does not mean they have lost or waived their rights to the property. If someone else has in the meantime obtained some form of trade mark using the Yenko name that in my opinion does not in any way preclude the Yenko heirs from enforcing their property rights at a later date. I am aware of no statute of limitations? In other words any of us can build new 5th generation camaros and call them Yenko's and sell them until the Yenko heirs decide to put a stop to it. Kind of like trespassing on someone's land, you can stay there until the owner throws you off. All of which is just my opinion. As we all know if you find a lawyer and dangle some money in front of him he will go to court and file some paper for you and keep doing that until you run out of money. |
Re: 2010 Yenko/SC Camaro
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I think some of you are missing the bigger picture. If we say no more Yenkos, Nickeys, Giibs, whatever, unless they are “real”, do we say the same thing about other cars from our past, such as nostalgia drag cars and Gassers, cars influenced by Old Reliable, Red Alert, Grumpy’s cars, Sox/Martin, or period built Gassers and altereds, etc? What about Hemis, Cobras, even modern street rods? IMO, no. As the values of these cars increase, both in $$ amounts and sentimental values, less and less folks are able to really enjoy their “real” cars, often times even afraid to show them. So do we just shut things down for the lack of “real” cars? I say no! Yes, when I attend a car show I prefer to see “real” musclecars, but enjoy looking at most everything, same as when I attend a nostalgia drag race, where I would rather watch cars from back in the day go down the track, but I enjoy the sights and sounds of all of the race cars. Tributes, clones, continuation cars, will never replace the real thing, but they can help our performance-based hobby survive, hopefully for future generations to enjoy. [/ QUOTE ] Actually I think you are missing the picture. Making a period style gasser or FED etc is one thing.Even a clone of a famous race car and claiming it's a clone seems to be OK. Making a NEW car with performance up grades using an ICONIC name like Yenko is misleading to say the least. Maybe a lot of us old guys want to re live their youth and have a car they could not have then, but longed for, in a big way Dunno. I'll say it again. Don is passed and YENKO Chevrolet is gone also. Make a new model Camaro and call it something else. Now will you get some guys with a lot of money to buy one? Sure but it will never be a Yenko IMHO |
Re: 2010 Yenko/SC Camaro
[ QUOTE ]
You are confused....I don not have the name trademarked. See Tom's post below [/ QUOTE ] Then why are you and AMC here, and so against what we are trying to do? Wouldn't we all be better served if whoever is in charge of Classic was the one to present their case? |
Re: 2010 Yenko/SC Camaro
Mr. Bradley you have said this three times. I think we GOT IT!!
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