'Survivor' Term Comes Under Fire

[Belair62]

Maybe if you don't capitalize the word it's not patented !!

[firstgenaddict]

Let's just call it Survivour with the accent mark.
Or Supervivor for the survivor supercar.
I believe that like I said before they have waited too long to defend their trademark. Because Bloomington did not go after everyone (did they go after anyone?) in the past and defend it, I do not believe that they have a case. I am not a lawyer but did study some trademark and patent law.
If they would have coined a new word or phrase such as "BG survivor" or "Gold Survivor" or Bloomington Survivor I could see the infringment but come on.
Just write the ad as
"69 Yenko 15,000 miles all original paint and interior has survived untouched."
Then it seems as though they really have no case.

[njsteve]

How about "rovivrus" (survivor spelled backwards). but seriously, many of the moparphiles out there remember the mid-80s when Chrysler slammed down on anyone using the term "mopar" anywhere in anything. At the time most people thought "mopar" was a slang term but it was actually the original parts division name (like GM's Delco) of Chrysler "MOtor PARts." They went way overboard in their legal attacks and the hobby struck back furiously with publicized boycots of new vehicles and some very innovative other methods, including t-shirts depicting Chrylser's Gen Counsel with a giant screwdriver, screwing a roadrunner to the wall. Due to the backlash of thier own customer base, they eventually backed off of their zero tolerence policy due to all of the bad publicity. When it comes to trademarks, a company has to vigorously protect the mark or it becomes part of the public domain, like "Jeep" and "Kleenex" and they lose their rights to it.

[mrrec]

Words cannot be patented. However, they can be protected and "owned" for a specific use by obtaining a trademark. The trademark has to be used in interstate commerce. Therefore you cannot trademark a term just for kicks.

There are approximately 50 different trademarks registered for "survivor". They apply for a variety of items including a Timex watch, tub caulk, etc.

Bloomington's trademark for Survivor is registered as
"Authenticating certain automobiles".

This is a real can of worms as this is very broad. What certain automobiles? This broad swipe should never have been allowed (but the patent attorney did good - that's their goal: broad!)

It is unlikely we, as individuals, will be served for using "survivor" in an internet ad as a description of a car. However, the Hemmings notice is probably the tip of the iceburg and I'm sure all of the major ad venues will get a letter.

I don't think it is a big deal. Misuse of these words has been a pet peeve of mine for years. "Original" has been misused for years as has "survivor". And yes, describing your original (never painted, detailed, etc.) car as "survived" is AOK.

By the way, for those of us who really know and appreciate what a truly original car is, you might be surprised at the very few cars that really are untouched originals and have SURVIVED.

Dave

[BUIZILLA]

I am going to use the word *survivor*, anytime I want to. You see, we are ALL survivors, or we wouldn't be here today... going after Hemmings was a chicken sh!t move. Even more crappy, was Hemmings immediate bow down. Hemmings transcribes the ad entry for their customer, they don't make up those ad's, and terminology that people send in. It's no different than me placing an ad in my local newspaper. For Hemmings to reduce the ad language, is plainly censorship to me. BG will have to go after EVERY media source on the planet, including newspapers, magazines, radio, TV, yada-yada that uses the word. The for sale ad's do NOT reflect an association or allegiance that competes with BG, it states what the seller believes to be true. There is NO law that says you can't state what you believe to be true. If you say that your car rivals a BG survivor status, then you might have a problem. But, if I advertise my used weed-eater as a *survivor* in the bargain trader, is that illegal use of the term? I don't think so...
JH

[Jeff H]

Time to go out and patent "matching numbers". Then I can charge anyone that wants to use the term. This really is getting ridiculous in this country. Barry Bonds has his name protected so ESPN can't use it, the "Super Bowl" is protected so all the ads call it the "Big Game". Donald Trump and "you're fired".

[firstgenaddict]

Exactly mrrec. Whenever I see the term survivor used in a car ad I will look to see the car. Most of the time it is nowhere close to being a survivor. It is a street machine that has been painted with flames and chromed out engine.