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Trademark-legal

To: TIGEROOTES@aol.com
Subject: Trademark-legal
From: vegaslegal@aol.com
Date: Mon, 11 Jul 2005 21:30:33 -0400
Wow, this was looking like such a hornets nest that I wasn't going to say 
anything.  But I will.
 
First, the registration does not affect, and can not affect, any current 
conflicting use in commerce.  Indeed, Rick's and Curt's rights to "Sunbeam 
Specialties" and "Classic Sunbeam" will trump any attempt to stop their 
businesses or force a name change.  Truly, even with the registration, 
considering the fact that both Rick and Curt ship nationally and 
internationally, each of them would have a good shot at closing down the 
conflicting use by the new guy if he tried to market off of their common law 
trademarks.
 
Next, and I wrote on this before, the registration does not give any rights in 
and of itself, but is only given meaning by actual use of the trademark.  
 
Third, the term "Sunbeam Car Parts" is probably not a valid trademark 
regardless of whether the USPO accepts the registration.  Pointedly, what Rick 
and Curt sell are "Sunbeam car parts."  This has already been tested with 
"Shredded Wheat."  Nabisco could not get a trademark on the name because it was 
simply descriptive.  Like the other Sunbeam could not trademark "Toaster", the 
interloper cannot trademark "car parts."  As "Sunbeam" is descriptive of the 
historic manufacturer who's mark is apparently abandoned, its use is not 
restricted and the new trademark would only relate to new products.
 
In short, there is probably a lot of unnecessary angst floating around over 
this.  No warranty is given by the foregoing, it is a personal rendition and 
not a professional rendition, and no attorney-client relationship exists.
 
Bob Nersesian  





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