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Old 10-02-2001, 02:07 PM   #11
Eric
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Default Re: Ducati Denies Hailwood Trademark Infringement

www.motorcyclenews.com had a report on her claims, including the statement she released. Among other problems she had was that Ducati didn't contact her before producing the bike and that she wishes to maintain control of her husband's name (see the above post on why this suit would be important). It is also probably important to her that the case be in the US as the US probably has the strongest intellectual property protection in the world. And yes, your name counts.
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Old 10-02-2001, 04:09 PM   #12
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Default Re: Ducati Denies Hailwood Trademark Infringement

Yeah, and they also used a slogan featuring Mike's name that she thought was rather tasteless, inappropriate and tacky. I can't say I disagree with her assessment, either..
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Old 10-03-2001, 05:13 AM   #13
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Default Re: Ducati Denies Hailwood Trademark Infringement

It's much simpler than that. A trademark is like any other piece of property. Once you have given your property away, it is no longer yours. You have no right to control what is done with it.


If you give your motorcycle to your friend, it's gone. You can't stop that friend from giving the bike to someone else, because it's not your property to control. You can't get that property back without the permission of its new owner.


In both cases, a thief isn't actually a thief until the rightful property owner exercises his right to his property. In the case of a stolen bike, you either get the cops to go retrieve your bike, or you go get it back yourself. If you don't do either, then the bike might as well belong to the person who took it from you because you have not exercised your right to your property.


In the case of a trademark theft, you file a suit. If you don't file a suit, the trademark infringer becomes the controller of the trademark. They get to decide how the trademark (property) is used and who else they will give it to.


No suit = no control of the trademark. Just like no police report + no effort to retrieve your stolen bike = no more motorcycle for you.
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Old 10-03-2001, 06:51 AM   #14
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Default Re: Ducati Denies Hailwood Trademark Infringement

How is Ducati's use of Mike Hailwood's name to market a motorcycle equivalent to Ducati taking ownership of all uses of his name?



To my layman's mind, those don't seem equivalent at all.



There's got to be some distinction between giving/taking and lending/borrowing.



I'm also a bit confused by your unreported-bike-theft = ownership analogy. If someone steals my bike, they cannot legally give it to someone else, even if I don't report it stolen, because they don't have the title.



I thought that was the point in having a copyright or trademark, or patent ... you essentially have the title. What am I missing here?
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Old 10-03-2001, 09:52 AM   #15
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Default Gullible Mutha...

"According to this article"?!? Good God, man, it's a CORPORATE PRESS RELEASE!!! Pauline Hailwood has a very different story: http://www.motorcyclenews.com/news/d...D=50677&=93179



Did you get your facts about the Exxon Valdez spill from the Exxon website, as well?
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Old 10-03-2001, 10:58 AM   #16
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Default Re: Ducati Denies Hailwood Trademark Infringement

How is Ducati's use of Mike Hailwood's name to market a motorcycle equivalent to Ducati taking ownership of all uses of his name?


They would essentially be the owners of his name if they were using it without any opposition. They certainly acted as if they owned it by using it without his family's permission. That behavior would likely continue for as long as Mike's family let them get away with it. The question about the title is a good one. The title for the motorcycle is an instrument by which you can prove your ownership of the bike. There's no equivalent for the ownership of Mike's name. The proof that Mike's widow would have to provide is the precedent that she has set in licensing Mike's name. The only way to set a precedent for the ownership Mike's name is to vigorously defend her right to the use of his name.


Think about it this way: The moment you or I start using Duacti's name or trademarks to make money for ourselves, Ducati will slap us with trademark infringement suits. You should expect that. They have spent billions of lira and decades of time turning the name Ducati into something of value. For you to make a quick buck by using that name would be a type of theft. They'd be all over your "assets."


Likewise, Mike Hailwood spent a lifetime creating a valuable name for himself. When he died, that valuable name, like every other possession of his, became the property of his heirs. Ducati should no more be able to use that valuable name without permission than they should be allowed to move into Mike's house, drive his car and wear his slippers.


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Old 10-03-2001, 12:45 PM   #17
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Default ownership

banda has it down Regarding title, well here it goes....



As mentioned, if you DO NOT reclaim, or basically claim your property YOU HAVE LOST IT. That simple. Yes, the bike too !!!!



How, you may ask? Good question. I thought you would never ask.



If you never made ANY claim for your stolen bike, the theif can easily obtain an temp title. Since the bike does not show up as stolen, no problemo.



Once the theif, knowing you are NOT going to make any claims, will file the legal requirements to get in touch with you, and if you will counter his claim. If not (by either silence or accepting the claim etc.), at a state prescribed time, the bike by order of the judge, will give the bike to the theif and now the theif has a LEGAL title to the bike. No claim, no bike !!



Interesting how many things in life work just the same, doesnt it?
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Old 10-04-2001, 02:41 AM   #18
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Default Re: Gullible Mutha...

Try:

http://www.motorcyclenews.com/news/d...D=50677&=93179
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Old 10-04-2001, 02:45 AM   #19
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Default Re: Gullible Mutha...

Hey, it chopped out part of the link. Supposed to have

"&" in front of "93170"
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Old 10-04-2001, 02:49 AM   #20
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Default Re: Ducati Denies Hailwood Trademark Infringement

Or it might raise a hew & cry to gain publicity, like this.
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