Re: 2010 Yenko/SC Camaro
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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!
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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
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