alanhyatt said:
Look at it this way...You buy a Chevy, and inside the Chevy is a BMW motor. The trademark name on the motor is scratched off a bit, but you still see BMW. Now Chevy has not asked to use this BMW motor that it is marketing and selling "as" a Chevy. It is not paying for any use of a registered trademark owned by another company, or for that matter a design it does not own.
Well, there are several different questions here, that are closely related, but different.
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1. It would be illegal for use the BMW brand in their advertising without BMW's consent. This is independant on if the engines are from BMW or not. You simply are not allowed to use a registered trademark in advertising without the trademark owners consent, period.
Now, this used to be a problem between TFPro and Joemeek. If I understand the last batch of posts on the issue it should now have been worked out. TFPro no longer has joemeek.net, no longer calls their products promeek and no longer uses the Joemeek green.
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2. It is illegal for Chevy to make copies of BMW motors. This is completely independant on if the motors markings say "BMW" or "Chevy".
This may be a problem if indeed Alan Hyatt owns the designs for the Joemeek products. If he doesn't own them, and the copyright holder is the old, no longer existing, joemeek company, then Ted Fletcher is in his full right to use these designs. So are everbody else, for that matter, and hence anybody can make Joemeek copies. Not that anybody would want to, since both TFPro and Joemeek is already fighting about that market and have a huge head start.
If Alan Hyatt bought the right to the designs too, then TFPro may be in breach of copyright, depending on how much the circuit layouts have changed. This unfortunately is a court matter, and not likely to be easily decided. See the Mackie vs Behringer fight about such issues...
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3. (This part, I'm not 100% sure of). I think it's not illegal to put a "BMW" trademark on the Chevy engines, at least as long as it's not visible during normal operations. It's a trademark, and it's usage is basically only restricted in advertising.
You are not allowed to name your products something that is a trademark, and you can't use peoples trademarks in advertising. You can, however, print it inside a product. In this case, on a curcuit board, it wouldn't be visible for a user in most cases, and hence it's doubtful if it really is trademark infringement. Rules may be different for different countries here. But more likely, (and a bigger problem) if the circuit boards say 'joemeek' that is not so much of a trademark infringement, as a copyright infringement (see #2).
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4. It is not illegal for Chevy to buy motors from BMW and use in their cars. It is probably illegal (I don't know again) for Chevy to buy complete BMW cars and switch all the markings to 'Chevy' (this is known as rebranding, and it's a fuzzy area).
This is really not relevant for this discussion at all, as this is not what has been happening. I included it for completeness, though.
