Oh, wow! I find it difficult to fatham how the one erroneous post about the North Carolina filing has rekindled all of this discussion! There are some valid positions stated above, and there are some that are not, and I do not have the time right now to go back and comment on each. I will do so in the near future.
Ron, thank you for not banning me from the forum as did the moderator on the Ford GT Forum site!!!! My initial posting, having been asked not to post, stated that there was not law suit pending in a federal court as the NC filing might indicate, and that the procedural place at which our case stands in the USPTO could/would/will not encomber anyone. Mr. Moderator did not understand that, I surmise, and used his power to preclude me/Safir from making any statements or defending our positions. So be it. Thank you, Ron, again for offering me/Safir this "forum"; which forum you have built and maintained to the betterment of all of us that cherish the GT40!
As I have said above,I will address all of the issues raised when I have more time to sit at the computer; probably between Christmas and New Year's.
The quick story about a visual trademark is whether or not the shape/visual image/color etc. conjurs in the mind of a person viewing it another trademarkable or trademarked word. If I were to ask all of you as to what word mark comes to mind when you see a red winged horse, how many would quickly say "Mobile Oil"? How about the colors of turquois and deep red/purple on a can? Hawaiian Punch? Is anything shaped like a 911 Porsche other than a 911 Prosche? The latter iterations of the 911 even though significantly modified still look like a 911. When someone sees a car shaped like a GT40, the question usually asked of the owner is that a real GT40. The shape conjurs in the mind of the viewer Safir's registered GT40 trademark. A tennent of trademark law says that each are equally trademarkable. As such, Safir sought to register the shape in essence to protect our word mark as "confusion" (a basis of the need for trademark protection as noted above) was beginning to become evident. That was several years ago, and Ford has been fighting us since our initial application. This action (fighting) is a procedural thing in the USPTO. It is not a law suit in a federal court. Anyone is free to go to the USPTO site and follow all of the proceedings, arguments, and filings in the Ford, H&M, and Safir dealings. Some might find the positions of Ford and H&M even amusing at times.
At this time I ask all of you to understand that it is not Safir's position to cause anyone hardship as it pertains to the shape of our beloved GT40.
Best regards to you all,
Bob
Ron, thank you for not banning me from the forum as did the moderator on the Ford GT Forum site!!!! My initial posting, having been asked not to post, stated that there was not law suit pending in a federal court as the NC filing might indicate, and that the procedural place at which our case stands in the USPTO could/would/will not encomber anyone. Mr. Moderator did not understand that, I surmise, and used his power to preclude me/Safir from making any statements or defending our positions. So be it. Thank you, Ron, again for offering me/Safir this "forum"; which forum you have built and maintained to the betterment of all of us that cherish the GT40!
As I have said above,I will address all of the issues raised when I have more time to sit at the computer; probably between Christmas and New Year's.
The quick story about a visual trademark is whether or not the shape/visual image/color etc. conjurs in the mind of a person viewing it another trademarkable or trademarked word. If I were to ask all of you as to what word mark comes to mind when you see a red winged horse, how many would quickly say "Mobile Oil"? How about the colors of turquois and deep red/purple on a can? Hawaiian Punch? Is anything shaped like a 911 Porsche other than a 911 Prosche? The latter iterations of the 911 even though significantly modified still look like a 911. When someone sees a car shaped like a GT40, the question usually asked of the owner is that a real GT40. The shape conjurs in the mind of the viewer Safir's registered GT40 trademark. A tennent of trademark law says that each are equally trademarkable. As such, Safir sought to register the shape in essence to protect our word mark as "confusion" (a basis of the need for trademark protection as noted above) was beginning to become evident. That was several years ago, and Ford has been fighting us since our initial application. This action (fighting) is a procedural thing in the USPTO. It is not a law suit in a federal court. Anyone is free to go to the USPTO site and follow all of the proceedings, arguments, and filings in the Ford, H&M, and Safir dealings. Some might find the positions of Ford and H&M even amusing at times.
At this time I ask all of you to understand that it is not Safir's position to cause anyone hardship as it pertains to the shape of our beloved GT40.
Best regards to you all,
Bob