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.
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