Reply to "De Tomaso Dealer Sign - Reproduction"

Thanks for the warning, Roland.

I would imagine that the owner of the trademark would have to show damages in some way. I don't think any lawyer or judge would waste their time over a situation like this, where something is being done by a volunteer on a non-profit basis. It would be counter-productive for the trademark owner as well, because they would be angering and alienating their customers. It would be like suing your own fan club. I'm sure it's been done, but I don't know anyone who would say it's a particularly smart thing to do.

I know that some time ago DeTomaso and some of the US vendors got into a spat over use of the DeTomaso name and, in the end a settlement was brokered where the vendors could continue to use the name on some limited conditions. If I understand correctly how that played out, in the end DeTomaso saw the value of the vendors keeping the marque alive, and did not ask for any sort of royalty. That was an instance where real money was at play, as contrasted with the matter at hand.

It would be interesting to know from someone with more history than I have exactly what was involved in the agreement between the US vendors and DeTomaso. I have two questions. First, did the deal cover only those vendors involved at the time (and who were they?), or does it extend to all vendors (in which case Julian would be covered). This is an interesting question because new vendors have sprung up in the meantime and everyone is merrily making and selling DeTomaso-branded reproduction and upgrade parts without, as far as I know, paying any royalties to anyone. Second, if DeTomaso sold their US rights to Qvale or anyone else, did those rights transfer subject to existing agreements such as the deal with the vendors? I would be surprised if it did not because this would be standard practice and, if it did not, then notice would have had to have been given to the vendors. This also begs the question of whether the deal with the vendors was in writing or just a handshake arrangement.

Perhaps Dave Adler or someone else with the relevant history and/or legal expertise could weigh in on this?