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Old 07-29-2004, 06:29 PM
mrrec mrrec is offline
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Default Re: 'Survivor' Term Comes Under Fire

Words cannot be patented. However, they can be protected and "owned" for a specific use by obtaining a trademark. The trademark has to be used in interstate commerce. Therefore you cannot trademark a term just for kicks.

There are approximately 50 different trademarks registered for "survivor". They apply for a variety of items including a Timex watch, tub caulk, etc.

Bloomington's trademark for Survivor is registered as
"Authenticating certain automobiles".

This is a real can of worms as this is very broad. What certain automobiles? This broad swipe should never have been allowed (but the patent attorney did good - that's their goal: broad!)

It is unlikely we, as individuals, will be served for using "survivor" in an internet ad as a description of a car. However, the Hemmings notice is probably the tip of the iceburg and I'm sure all of the major ad venues will get a letter.

I don't think it is a big deal. Misuse of these words has been a pet peeve of mine for years. "Original" has been misused for years as has "survivor". And yes, describing your original (never painted, detailed, etc.) car as "survived" is AOK.

By the way, for those of us who really know and appreciate what a truly original car is, you might be surprised at the very few cars that really are untouched originals and have SURVIVED.

Dave
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