I'm no trademark expert or lawyer, but this comes up a lot at Compaq/HP
and my wife spent many years involved with branding issues. My tangent
impressions are that trademarks can and generally are apllied to
specific product categories and there are often multiple applications
so long as the distinction of the categories is not too similar. Beyond
the Sunbeam appliance brand, there is also Sunbeam bread. Consider Colt
revolvers, Colt45 malt liquer, Plymouth Colt. At Compaq our commercial
PC sub-brand EVO had absolutely no conflict with Mitsubishi's prior use
of that brand on their cars, since the product categories are so very
different. Same with Chevy's Beretta and Beretta guns (that one
actually went to court)
This is a potential threat to our suplpiers since it is targeting
automobiles and related products/services and the common law protection
will not provide absolute protection for prior use. The common law
rights do provide sufficient cause for Rick and others to succeed in
their "timely" objections to the offical request for these tradmark
rights.
All the folks selling various Sunbeam branded items may want to
consider a couple options:
- ban together and shut this down in order to keep the trademarks in a
virtual public domain use with regard to automobiles (this of course
will kill any prospect of reviving the Sunbeam marque in the form of
new car)
- ban together, contact the guy and gain contractual free use as
related to any activities related to the original Sunbeam brands and
trademarks or face option A above. He'll likely comply since "our"
legal position is strong (if inforced in time).
Stephen Waybright
--- Bill Martin <tigerfixer@yahoo.com> wrote:
> Hello All,
> I don't think this is much of a threat as there
> is www.sunbeam.com the small appliance company that
> is still viable. If by some backwater miracle this
> guy gets the trademark I belive it will be thrown out
> the first time he trys to collect.
> just my opinion
> Bill
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