Dedicated to the Promotion and Preservation of American Muscle Cars, Dealer built Supercars and COPO cars. |
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#1
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For the past several days I have been exchanging emails with members of the Yenko family, who just learned of GMCI's press release, where Jeff Leonard claimed “ownership of the classic trademark”. They were quite surprised to learn that the rights to the Yenko name had been sold without their knowledge. As are all of us, they are wondering how anyone besides the family could sell the rights to their family name. Needless to say they are not pleased with the current situation, and are looking at their options in regaining any and all rights to the use of the Yenko name.
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Tom Clary |
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#2
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Thats the best thing Ive heard yet in this entire thread. Hopefully they can prove GMCIs ownership trademark is no good.
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#3
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Maybe I missed it but who sold GMCI the "rights" to the name?
James
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1968 Beaumont SD396 |
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#4
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what is GMCI?
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Follow me on Instagram: https://www.instagram.com/mbcgarage/ |
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#5
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[ QUOTE ]
what is GMCI? [/ QUOTE ] there are several GMCI, but the one we reference here is General Marketing Capital Incorporated http://www.motorauthority.com/blog/gmci ![]() GMCI will also launch a brand-new online home for the Yenko brand in the upcoming weeks, where owners and enthusiasts can find information about upcoming cars and products, access historical information about the brand, register to be a part of the site's forums and much more.... ![]() |
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#6
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[ QUOTE ]
GMCI will also launch a brand-new online home for the Yenko brand in the upcoming weeks, where owners and enthusiasts can find information about upcoming cars and products, access historical information about the brand, register to be a part of the site's forums and much more.... [/ QUOTE ] I am not for sure if many folks caught that, but IMO, aimed directly at Yenko.net. ![]()
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Tom Clary |
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#7
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I can see all those DynaCorn boys just waiting to log on...
![]() give me a break!! ![]() |
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#8
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[ QUOTE ]
[ QUOTE ] GMCI will also launch a brand-new online home for the Yenko brand in the upcoming weeks, where owners and enthusiasts can find information about upcoming cars and products, access historical information about the brand, register to be a part of the site's forums and much more.... [/ QUOTE ] I am not for sure if many folks caught that, but IMO, aimed directly at Yenko.net. [/ QUOTE ] That's how I read that too, Tom. Only thing I can figure that he might be planning to do different would be making more than Camaro conversions, such as Yenko Cobalts, Yenko Silverados, etc. When he says Yenko brand, it seems to suggest his planned scope is a lot wider than just new Camaros. ![]() -Jon |
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#9
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For what it's worth.....I'm not an attorney but I've had considerable experience with trademarks and in the end it doesn't really matter who has or owns the registration filed at the patent & trademark office. The bottom line is who can show prior and continuos use of the trademark in commerce...period. Trademarks are protected by the owner using them not by a registration number. However, the other side of the coin is if the original owner of a trademark knew it was being used by others and did not try to prevent it's use that may be considered having abandoned the trademark. I would think in this case being a family name as well as a business name it would be somewhat easy to show continuos use. I would hope so anyway.
I know in my case my family had a product we manufactured for over 20 years under a trade name. We never had the name trademarked but when our biggest competitor found out that the name was considered abandon by the P&TO he ran out and filed a trademark on it and sent me a letter demanding that I stop using the name as it now belong to him. At that point. he started using it. Sorry it does not work that way. Obviously we could show prior and continuos use of the trademark so his registration was reversed ours was filed and he had to pay me 20K to boot for violating MY trademark. It was protected by my family using it not by a registration number.
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Rick |
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#10
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[ QUOTE ]
For what it's worth.....I'm not an attorney but I've had considerable experience with trademarks and in the end it doesn't really matter who has or owns the registration filed at the patent & trademark office. The bottom line is who can show prior and continuos use of the trademark in commerce...period. Trademarks are protected by the owner using them not by a registration number. However, the other side of the coin is if the original owner of a trademark knew it was being used by others and did not try to prevent it's use that may be considered having abandoned the trademark. I would think in this case being a family name as well as a business name it would be somewhat easy to show continuos use. I would hope so anyway. I know in my case my family had a product we manufactured for over 20 years under a trade name. We never had the name trademarked but when our biggest competitor found out that the name was considered abandon by the P&TO he ran out and filed a trademark on it and sent me a letter demanding that I stop using the name as it now belong to him. At that point. he started using it. Sorry it does not work that way. Obviously we could show prior and continuos use of the trademark so his registration was reversed ours was filed and he had to pay me 20K to boot for violating MY trademark. It was protected by my family using it not by a registration number. [/ QUOTE ]Hopefully everyone involved reads this post ![]() |
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