Proprietorship of names is a clearly established legal concept. When
anyone buys a business, they almost always get, and retain for a number of
years (5 to 10 is pretty common) sole-use rights. Most don't know it, but
the original McDonalds was founded and sold by two brothers, in California
I believe. Ray Krock got the rights to the name, Arches, and the original
store for a period of ten years, I believe. The McDonald brothers went
back into the business with their own name, after that time.
What does the name truly mean? In the case of the Chevy engine in the
Oldsmobile, the Courts ruled, that it meant a lot! GM had to either
exchange the engines for Olds engines, or give them new cars with Olds
engines! GM's answer to the public's demand for Marque integrity was very
simple. After the Court's ruling, all GM cars were delivered with the
warning (in small print of course) "This vehicle is powered by an Olds
or OTHER FINE GM ENGINE!
We see where this approach took GM!
James A. Ruffner
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