'Survivor' Term Comes Under Fire

[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.

[firstgenaddict]

Here is what the LAW says
Seems like it just may apply here.

§14 (15 U.S.C. §1064). Cancellation
(3) At any time if the registered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or is functional, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of section 4 or of subsection (a), (b), or (c) of section 2 for a registration under this Act, or contrary to similar prohibitory provisions of such said prior Acts for a registration under such Acts, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used. If the registered mark becomes the generic name for less than all of the goods or services for which it is registered, a petition to cancel the registration for only those goods or services may be filed. A registered mark shall not be deemed to be the generic name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the generic name of goods or services on or in connection with which it has been used.
(5) At any time in the case of a certification mark on the ground that the registrant (A) does not control, or is not able legitimately to exercise control over, the use of such mark, or (B) engages in the production or marketing of any goods or services to which the certification mark is applied, or (C) permits the use of the certification mark for purposes other than to certify, or (D) discriminately refuses to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies:

Abandonment of mark. A mark shall be deemed to be “abandoned” if either of the following occurs:
(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. “Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.
(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.

[70 copo]

[JoeG]

I luv reading Legal Documents---Gives me an excuse to Drink---------------Good facts ---At this point in time of everything being politically correct, we should all be thankful the Office of Records didn't allow a "Public Book Burning"--The "True Survivors" are the people and the cars that keep the Hobby going/surviving --so the Survivor Car, True Survivor Car, Benchmark Survivor Car, Vintage Survivor Car, Day 2 Survivor Car, Original Survivor Car on and on,--- Belongs to the "Hobby" -------------

[NCGuy68]

Gents,

Who cares what others 'name' any certain vehicle. The car should stand on its own merits with or without documentation. Do your homework and know what your looking for!

Frivolous terms like 'Gold', 'Survivor' and 'Original' mean nothing in print. You need to drive, smell and feel the car before making any decisions to purchase.

[JoeG]

Spoken like a true "Survivor" Craig-----------

[firstgenaddict]

I agree most of the time the term "Survivor" is grossly misused but no one should have the right to say that you can not describe your own car with the term.

[DaJudge]

Hemmings speaks out about this on page 42 of the September issue. I agree with the writer of the editorial that the term " Survivor " is grossly overused but no one should claim the word survivor to be their own. I could see Bloomington's point if people described a vehicle as meeting Bloomington Gold Survivor criteria but I have never seen that. There are other makes and models out there that meet survivor criteria. The writer asks for everyones thoughts and suggestions and will forward them to Bloomington Gold as proof they are heading down the wrong path. The address is Survivors c/o Hemmings Motor News, Bennington Vermont, 05201 or e-mail [email protected]

[Ozark]

What exactly makes a car a "survivor"? What is the criteria? Must it have original tires? Must it never have been wrecked and refinished? Example: Car had a minor fender bender 2 months after it left the dealer. Dealer repairs damage. Could this car ever be a survivor? Must hose clamps, hoses, battery, belts, plugs, plug wires, brake shoes/pads be original to the car the be a survivor?
I imagine everyone has their own opinion of what a survivor is. IMHO everything would have to be original to the car except fluid and filters to be a survivor.

[firstgenaddict]

There are percentages that must be original. Not sure of the percentages but it would go something like this. 90% of the paint must be original.