[Les Quam]

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.