Does anyone know what the current position of GM is towards using the word Corvette to describe a business. For example Joes Corvette parts or Bobs Corvette restoration and repair. Would this use be a trademark infringement? Is the word Corvette a registered trademark? Or is specific script spelling Corvette a registered trademark? Can GM trademark an existing word or is it anly as applies to "there" product? Does the NCRS pay a fee to use the "Corvette crossflags"? Any answers will greatly help. Thanks
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Re: GM trademarks
Several years ago, GM notified all businesses not franchised auto dealers that it was an infringement to use any of their car names as part of a business. If you will note Corvette Central became C Central; Everything Corvette became EC Products, Brushy Mountain Corvete became Brushy Mountain Company; Rik's Corvette Parts became Rik's Unlimited, etc. If one wanted to pay a percentage of annual sales to GM, the business could continue to use "Corvette" in its name. I do not know what the current policy is since I am no longer involved in the parts business. -
Re: GM trademarks
Reba's message is correct, it is trademarked, and to maintain the trademark GM is Required to defend it when requested. I believe this is hangover fron the interaction of the feds with the prosicutions in The Pennsylvania area a few years ago. One of the by-produsts of that was a demand from the government for GM to be more aggressive in defending the trademark as I recall. It was well publicized in the hobby and trade papers at the time, and led to the "GM Restoration Parts" program.Comment
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Re: GM trademarks
Jim,
The NCRS and all it's chapters have permission to use the word "Corvette". We had to apply to GM for the permission and all the chapters are grandfathered under the National offices. We didn't have to pay a fee for this permission. I just sent out the "Chevrolet Motor Division Trademark Letter of Authorization" that we received from Equity Management Inc., the GM licensing company, to all the Chapter Chairman through the country & the UK.
Vinnie Peters
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Re: GM trademarks
The area of IP (intellectural property) involved in Trademark, Patent, Copyright, Service Mark, and Maskwork is a legal specialty niche. There are both federal and local laws and customs. Getting a "black & white" answer on a question as broad as you pose is tough.
If memory serves, you cannot Trademark/Copyright a proper English noun as the word Corvette (naval origin, fast frigate fighting ship). You have to turn it into an adjective (E.g. Johnson & Johnson's use of Band Aid brand of adhesive bandages, you can't buy a "Band Aid" from them only a particular form of adhesive bandage) and if the holder of the "mark" uses it as a proper noun, technically he places it into public domain. So, we have a Chevrolet Corvette automobile, not a Corvette.
Next, various courts have considered and ruled on the closeness of use as a criteria for infringement. Certainly if Ford, Nissan, Daimler-Benz brought forth a passenger car they called a Corvette, there'd be little question of infringement. But, were someone to open a fast food drive through sandwich shop using the word Corvette, GM would be hard pressed to assert their Chevy trademark, show applicable damage, Etc. So, there's a very grey area here regarding how close to the IP holder's core business the potential infringing party gets....
Last, there's the issue of nuissance enforcement. Essentially, IP is a legal grant of monopoly in a particular area. The US Constitution's Bill Of Rights contains an equal enforcement amendment. Courts have ruled that selective enforcement of IP (I'll sue Ford, but ignore Chrysler) invalidates the IP grant. So, there is an obligation to enforce equally. There are a lot of grey areas here that involve consideration, but that's another specialty area....
Most IP laws embrace the concept of "nuissance" infringement. Meaning there is a little guy who does in fact infringe, but the cost of enforcement on him is a nuissance that would not be worth the effort. So, IP holders do NOT have to swing a club everywhere to protect their interests. But, they must be able to justify why they did not enforce against a certain party and this changes as third parties grow in size and recognition over time.Comment
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Re: GM trademarks
Thank you everyone, That does provide insight and will be usefull.Comment
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Re: GM trademarks
If you are interested, the US Patent and Trademark Office offers on-line searching (free) for registered and pending patents and trademarks at www.uspto.gov.Comment
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