Delorean Motor Company (DMC) Texas threatening to sue Delorean owners now

I was shown a cease and desist from a friend who owns a delorean rental website that they are now threatening legal action against anyone with the name "delorean" in the domain name as trademark! This is going to cause a HUGE stink in the community I think! There are a LOT of websites that use the name for rentals, parts, and even just community forums. Pretty bad on their part as most of these guys, including my friend, bring a LOT of positive awareness with renting out their cars for events and such. He's now consulting an attorney but doesn't seem like anyone in the community can help. Anyone here have any suggestions, as this may set a precedent for everyone moving forward.

I doubt that using the name "DeLorean" comes anywhere near trademark infringement but DMCH can send cease and desist letters out all day long. Costs them nothing more than postage and 90% of the time it works.

I suggest contacting a lawyer


And if this is true then to DMCH...FUCK YOU!

I donno, is your buddy renting reliant robins?

Sent from my SM-G996U using Tapatalk

Quote:

---

Originally Posted by camaro430sut

I donno, is your buddy renting reliant robins?

Sent from my SM-G996U using Tapatalk

---

hahahaha no, that guy deserves to get sued, claiming to be John D's son and using their official name and logo!! ZERO delorean rental websites use ANY delorean trademarks or logos, they all have their own. Only thing used is the "Delorean" in the domain. All state they aren't affiliated with DMC. RentDelorean, DeloreanRental, RentTheDelorean, DeloreanRide, DeloreaMarketplace, DeloreanIndustries, DeloreanMidWest, all use delorean in the domain, and most of all of them use their own logos. DeloreanMidwest uses exact delorean logos and aren't affiliated with Delorean, they are a midwest group. It's very strange that DMC would try and do something like this.

I honestly don't see DMCH doing this. I suspect a troll...but wouldn't put it past DMCH.

Quote:

---

Originally Posted by Michael

I honestly don't see DMCH doing this. I suspect a troll...but wouldn't put it past DMCH.

---

I've seen the letter sent, it's the real deal from Gordon & Rees LLP, who represent DMC Texas. This is no troll job, they are literally asking to cease all website, social media and much more. It's beyond insane.

In that case my original reply stands..

Will I get a C&D because my car says "DeLorean"?

Will Deloreango, DeLorean Industries, DeLorean FB groups get one?

What about other DeLorean sites that have nothing to do with the car?, like the rap artist(actually I wouldn't mind him getting one).

Does DMCH now own a word that is a part of the English language?

I have "DeLorean Gray" grout in my master bathroom. Will DMCH demand I cease and desist poops?

I'm going to copyright the word "The"...imagine all "the" money I could make from selling "the" usage rights for "the" word.

Quote:

---

Originally Posted by Michael

but DMCH can send cease and desist letters out all day long. Costs them nothing more than postage and 90% of the time it works.

---

This!

Anybody can file a lawsuit for fairly cheap also, but getting to court is another thing. You have to bribe a judge pretty good for him not to throw it out.

This sounds like the ranting of that guy who got into it over watches and was banned from DMCH for sharing memes.

Don't try to use common sense when it comes to the law. If DMCH doesn't send out the letters and try to defend their trademark someone could make the case that since they did not try to stop anyone, they should not be allowed to stop anyone. Disney does this all the time. Sending a letter is one thing, actually bringing a case against someone will cost a lot. I doubt they would do that unless someone is making enough money using the name to justify bringing a suit against them. In a lot of cases like this all they want is for you to sign a licensing agreement and pay a small fee if you are, in fact, making any money by using the trademark. That way they have control over who and how their trademark is used. For anyone who wants to fight this there is a good chance you would win, the name is so embedded into the culture. It would cost a fortune to do that which is why most people will either stop using the name or sign a licensing agreement. Does anyone think DMCH will get anything from Universal for the use of the name?

Quote:

---

Originally Posted by Helirich

This!

Anybody can file a lawsuit for fairly cheap also, but getting to court is another thing. You have to bribe a judge pretty good for him not to throw it out.

---

Yes anyone can send off a C&D. In many cases is scares off people. In this case it seems like a pretty shitty thing to do. Many of these websites have been in service a long time and are VERY helpful to the Delorean community. He’s meeting with an attorney to see his options and send a reply back. Waste of money on both delorean and him

A question to the OP: Can you share the name of the business your friend runs? Not all businesses with "DeLorean" in their name infringe on DMC rights but some might.

DMC has the right and even the duty to police its intellectual property including a trademark or trade name. Without licensing or restricting the use by third parties DMC risks dilution of their mark or name. Eventually the mark or name can become unenforceable because it's essentially been abandoned by its owner.

At the same time folks who want to do business selling DeLorean parts/service or privately renting their D, even with some reference to a DeLorean, can do so freely as long as they follow the rules. Make sure the business name is clear of confusion with DMC's name or ask DMC if they're OK with a current or planned name for a business.

As David T says, Disney and others are very protective. So are the automotive OEMs.

As for our vendor community it is presumably not a problem. DPI, now known as DeLorean Industries, has a nice disclaimer, for example. Other vendors may be using business and product names that don't infringe on DMC.

Quote:

---

Originally Posted by David T

Does anyone think DMCH will get anything from Universal for the use of the name?

---

That was proven when Sally sued them. They do receive royalties from Universal for the DeLorean name and DMC logo. It's why you'll find most products labeled as "Back to the Future Time Machine" without a single utterance of "DMC" or "DeLorean" on the box or the product itself.

Quote:

---

Originally Posted by Rich

A question to the OP: Can you share the name of the business your friend runs? Not all businesses with "DeLorean" in their name infringe on DMC rights but some might.

DMC has the right and even the duty to police its intellectual property including a trademark or trade name. Without licensing or restricting the use by third parties DMC risks dilution of their mark or name. Eventually the mark or name can become unenforceable because it's essentially been abandoned by its owner.

At the same time folks who want to do business selling DeLorean parts/service or privately renting their D, even with some reference to a DeLorean, can do so freely as long as they follow the rules. Make sure the business name is clear of confusion with DMC's name or ask DMC if they're OK with a current or planned name for a business.

As David T says, Disney and others are very protective. So are the automotive OEMs.

As for our vendor community it is presumably not a problem. DPI, now known as DeLorean Industries, has a nice disclaimer, for example. Other vendors may be using business and product names that don't infringe on DMC.

---

It’s one of these rental pages, “RentDelorean, DeloreanRental, RentTheDelorean”. I’m told they’re all likely to get the C&D. Regardless, they all have the disclaimers stating they’re not affiliated with DMC, don’t use delorean logos and would never be confused with DMC.

HA!! I LOVE IT!!! I SOOOO hope I get a C&D for www.DeLoreanDirectory.com and www.DeLoreanTalk.com and www.DeLoreanMarketplace.com - I will post the letter all over the web and talk about it on EVERY episode of DeLorean Talk!

Hey FAKE DMC... where's my letter?!

(Incidentally, if anyone has a C&D from Fake DMC that they want to share, PLEASE email it to [email protected])

Quote:

---

Originally Posted by dtavres

HA!! I LOVE IT!!! I SOOOO hope I get a C&D for www.DeLoreanDirectory.com and www.DeLoreanTalk.com and www.DeLoreanMarketplace.com - I will post the letter all over the web and talk about it on EVERY episode of DeLorean Talk!

Hey FAKE DMC... where's my letter?!

(Incidentally, if anyone has a C&D from Fake DMC that they want to share, PLEASE email it to [email protected])

---

Here is the letter with a few things redacted that have the persons name, I was given permission to post. It's legit. They've now given him until 25th to respond to all their demands. Unbelievable. They mentioned to him also about other websites using the name "Delorean" in their domain on a brief phone call that are likely getting one in the coming month as well. I emailed you a better version that is clear to read.

Attachment 68073
Attachment 68074
Attachment 68075

Virginia has the Delorean's 80 rock band will they get one?

Does anyone have any contacts at DMC Texas such as James Espey that can get this thing squashed?? This is a potential huge black eye for the community should this gain traction.

Quote:

---

Originally Posted by EngineerGuY

Does anyone have any contacts at DMC Texas such as James Espey that can get this thing squashed?? This is a potential huge black eye for the community should this gain traction.

---

lol... Fake DMC are the ones who sent this letter! They are doing their best to take ownership of OUR cars.

And the black eye isn't for the community - it's for Fake DMC. Which they richly deserve.

It is as if someone warned about this 20 years ago... and they all laughed!

I'd be willing to bet that at this point the company in Texas makes more money from "licensing" than they do from parts and repair... All because they were the first to register intellectual property they never owned.

This isn't all bad. If it helps to keep DMCH solvent and they can service the Delorean community with parts then it is a good thing. Just what do you think will happen if DMCH was to go out of business?

Quote:

---

Originally Posted by Malevy

It is as if someone warned about this 20 years ago... and they all laughed!

I'd be willing to bet that at this point the company in Texas makes more money from "licensing" than they do from parts and repair... All because they were the first to register intellectual property they never owned.

---

I think he'd be ok paying a small licensing fee of like $500 or something. It was never mentioned but perhaps he can offer that up in his reply. Depends on what his Attorney's advice as he did acquire one I believe.

Quote:

---

Originally Posted by David T

This isn't all bad. If it helps to keep DMCH solvent and they can service the Delorean community with parts then it is a good thing. Just what do you think will happen if DMCH was to go out of business?

---

Bullying websites that have nothing to do with selling Deloreans or their parts is going too far. These small rental websites aren't promoting or selling cars, they are offering their personal Time Machine replicas for events. They are going too far.

Quote:

---

Originally Posted by David T

This isn't all bad. If it helps to keep DMCH solvent and they can service the Delorean community with parts then it is a good thing. Just what do you think will happen if DMCH was to go out of business?

---

Attachment 68077

Deloreango and DPI get all my business. I did order a book and model car from DMCH back around Thanksgiving so if DMCH went "belly up" I guess we would have a lot less Delorean branded shit to buy...which would mean some of the DeLorean Fanatics might save enough to buy an actual car.

Quote:

---

Originally Posted by David T

This isn't all bad. If it helps to keep DMCH solvent and they can service the Delorean community with parts then it is a good thing. Just what do you think will happen if DMCH was to go out of business?

---

Is DMC in financial trouble? I hadn’t heard that. If they were to fold, it would be a terrible blow to the community. I don’t really think this will help them though. As I said, I don’t think they have much hope in court. I was involved with a trademark dispute with Bell helicopter. There are some fairly specific guide lines that will keep you out of trouble. In my case, we busted them and had to back down. But without seeing the offending party’s ads, I think it’s unlikely there’s much of a case here. (I can’t read the attached letters)

Quote:

---

Originally Posted by Helirich

Is DMC in financial trouble? I hadn’t heard that. If they were to fold, it would be a terrible blow to the community. I don’t really think this will help them though. As I said, I don’t think they have much hope in court. I was involved with a trademark dispute with Bell helicopter. There are some fairly specific guide lines that will keep you out of trouble. In my case, we busted them and had to back down. But without seeing the offending party’s ads, I think it’s unlikely there’s much of a case here. (I can’t read the attached letters)

---

The letter basically says you can't use the word " delorean" in any domain names because they own a trademark for the name. Even when websites are using it to promote their own Delorean Time Machines for rent. You can clearly see all the rental websites have nothing to do with Delorean, are not taking away from Delorean in anyway, and do not use their logos or trademarks. All the websites have a disclaimer stating such on the bottom as well. It's a bunch of crap from Delorean Texas.

Quote:

---

Originally Posted by Helirich

Is DMC in financial trouble? I hadn’t heard that. If they were to fold, it would be a terrible blow to the community. I don’t really think this will help them though. As I said, I don’t think they have much hope in court. I was involved with a trademark dispute with Bell helicopter. There are some fairly specific guide lines that will keep you out of trouble. In my case, we busted them and had to back down. But without seeing the offending party’s ads, I think it’s unlikely there’s much of a case here. (I can’t read the attached letters)

---

The reality of this situation is- all of the DMC Intellectual Property was "public domain" for 10+ years. Had someone taken this seriously 20 years ago when DMCH spent a few dollars to register with the USPTO, then we would not be where we are today. Unfortunately, a judge may see that DMCH has made investments in the IP for the last 20 years and rule in their favor. Not to mention, Sally Baldwin (DeLorean) "settled" with DMCH making their claim even stronger.

We won't know until a judge can see the evidence and decide... And I'd bet money that will never happen. No one is making enough money from using the IP from DMC (that DMCH claims to own) to fight the fight.

Will these disputes have an impact on the DMCH publicity? Yet to be seen, but so far it has not. And some say even bad press is good. DMCH and SW have played a very smart (and selfish) game WRT the IP so far.

Quote:

---

Originally Posted by Malevy

>>snip<<

Will these disputes have an impact on the DMCH publicity? Yet to be seen, but so far it has not. And some say even bad press is good. DMCH and SW have played a very smart (and selfish) game WRT the IP so far.

---

People have such short memories. Prime example: SonnyV vs. James Espey postings. or the next "new" DeLorean.
There will be sink here for a while and then disappear like a fart in the wind. Until the next fart happens.

Quote:

---

Originally Posted by ssdelorean

People have such short memories. Prime example: SonnyV vs. James Espey postings. or the next "new" DeLorean.
There will be sink here for a while and then disappear like a fart in the wind. Until the next fart happens.

---

Agreed.. But back when SonnyV happened (Recall, I am the guy who discovered and disclosed it) the community was a lot "smaller". We only had the DML. Now we have dozens of forums and information outlets. It may help extend the memories, but again I agree it will fade eventually.

Quote:

---

Originally Posted by Malevy

The reality of this situation is- all of the DMC Intellectual Property was "public domain" for 10+ years. Had someone taken this seriously 20 years ago when DMCH spent a few dollars to register with the USPTO, then we would not be where we are today. Unfortunately, a judge may see that DMCH has made investments in the IP for the last 20 years and rule in their favor. Not to mention, Sally Baldwin (DeLorean) "settled" with DMCH making their claim even stronger.

---

In my case, we hired a trademark lawyer. He said it comes down to few main things.

1. Is the name your using the same or close enough to be mistaken by the general public to be the same?

2. Are you in the same business or is your business likely to be misconstrued to be the same by the general public.

3. Would a failure of your product possibly hurt their business?

In our case, we spelled Bell, Belle, as in “southern belle”. That was not different enough. But the biggest problem was we made helicopter parts. If we made furniture, we would be fine, even if we spelled it Bell. Obviously, Bell had deep pockets and we changed our name.

In this case, I may not understand, but does DMCH rent cars? Are the ads such that people might think they are renting from DMCH? I donÂ’t see how identifying a car you rent as a Delorean (if it is) , can be a trademark infringement. Even if you were renting a Corvette and calling it a Delorean, I think your problem is fraud, not trademark infringement. I suppose a lawyer could argue that a break down of the rental car reflects on DMCH, but I think it would be a weak argument since there might not be a single part on the car from DMCH.

Quote:

---

Originally Posted by Helirich

In my case, we hired a trademark lawyer. He said it comes down to few main things.

1. Is the name your using the same or close enough to be mistaken by the general public to be the same?

2. Are you in the same business or is your business likely to be misconstrued to be the same by the general public.

3. Would a failure of your product possibly hurt their business?

In our case, we spelled Bell, Belle, as in “southern belle”. That was not different enough. But the biggest problem was we made helicopter parts. If we made furniture, we would be fine, even if we spelled it Bell. Obviously, Bell had deep pockets and we changed our name.

In this case, I may not understand, but does DMCH rent cars? Are the ads such that people might think they are renting from DMCH? I donÂ’t see how identifying a car you rent as a Delorean (if it is) , can be a trademark infringement. Even if you were renting a Corvette and calling it a Delorean, I think your problem is fraud, not trademark infringement. I suppose a lawyer could argue that a break down of the rental car reflects on DMCH, but I think it would be a weak argument since there might not be a single part on the car from DMCH.

---

DMC has nothing to do with the renting of Time Machines, never have. No one would ever confuse the 2, as no logos are used or even similar to DMC. All rental websites have their own LLC's and have disclaimers stating they are not affiliated with Delorean Motor Company. They don't have much of a case from what I am hearing from others.

Quote:

---

Originally Posted by EngineerGuY

Does anyone have any contacts at DMC Texas such as James Espey that can get this thing squashed?? This is a potential huge black eye for the community should this gain traction.

---

Jason, If this is real then I recommend calling Houston and put this to bed. Stop stirring the sh!t pot.

Fake DMC is just bullying under the guise of 'protecting "their" brand. They didn't invent the DeLorean. They didn't build the DeLorean. They're just trying to capitalize on someone else's work - whether they paid to use the name or not.

If Fake DMC went out of business, I'm 100% sure they would sell the inventory to someone else. (Hopefully someone who WOULD actually service the DeLorean community properly.) They would not just sit on the inventory and keep it from owners.

Fake DMC's business plan is to build up the brand (that they didn't create) and sell it to a bigger company - THAT is why they are bullying DeLorean owners and small businesses that don't build cars.

And I'm quite sure SonnyV (james espey) is still on here lurking under different names. :)

Quote:

---

Originally Posted by JBaker4981

Jason, If this is real then I recommend calling Houston and put this to bed. Stop stirring the sh!t pot.

---

Once this becomes a legacy media and social media story, Fake DMC will look FAR worse for how they treat owners.

I still am having a hard time believing this is true or at least, the entirely of the complaint. I just can't wrap my head around people who have dedicated their business model (for the most part) of serving the owners and community, to just start going after individual owners over something that was obviously not intended to infringe on their trademark.

It just doesn't make any sense whatsoever. How much money are other DeLorean branded parts sites siphoning away from them?...and this time machine rental guy is the guy they consider enemy#1...or is it just low hanging fruit? I seriously doubt that any calls to them will be answered or even publicly addressed. Not on this or any legal action past present or future.

None of this adds up.

DeloreanRental.com / Jason did indeed file a trademark with the US Patent Trademark Office...

https://tmsearch.uspto.gov/bin/gate....glish&p_d=trmk
Select a "Basic Word Mark Search"
https://tmsearch.uspto.gov/bin/gate....805:wo4gm6.1.1
Type in "Delorean Rental" in the search term
and you'll find this result...
Attachment 68080

Doing so obviously agitated the Delorean Motor Company leading to the cease and desist.
The trademark was abandoned on January 27th.

Quote:

---

Originally Posted by Michael

I just can't wrap my head around people who have dedicated their business model (for the most part) of serving the owners and community

---

If this was the first instance, I'd agree with you, but Fake DMC Houston has a long history of bullying owners and small businesses. This is just the most recent one (that we're all aware of.)

My opinion is that Fake DMC does NOT care about the cars or the owners - they're just trying to build up their business so they can sell it.

Ask older owners about some of the stories... There was an owner years ago who had a custom muffler built for his DeLorean. Other owners loved it and asked where he had it done. The shop said they didn't want to do a bunch of one-offs, so the DeLorean owner ponied up the cash and had several made, so he could sell them to other DeLorean owners who wanted the muffler. Enter Fake DMC... They sent him a C&D. For something HE created and had built. It's plain 'ol bullying and intimidation.

I think that the only 'misappropriation' going on here, is Fake DMC trying to kill all "competition" (seriously? Fake DMC doesn't rent DeLoreans, and didn't build our cars.)

A Fake DMC owner once said to my face "Why should I care what you think? You haven't spent any money here in two years."

Quote:

---

Originally Posted by dtavres

Once this becomes a legacy media and social media story, Fake DMC will look FAR worse for how they treat owners.

---

If it is true, yes. What I also understand is that Jason has a long history of starting sh!t in order to monopolize the stupid DeLorean Time Machine Rental thing. This is why I said what I did and I will leave it at that.

Quote:

---

Originally Posted by dtavres

If this was the first instance, I'd agree with you, but Fake DMC Houston has a long history of bullying owners and small businesses...
Ask older owners about some of the stories.

---

Remember that Stephen learned this stuff from the master. Way back in the late 80's ol' Ed Bernstein of DeLorean One, Stephen's former partner, sent me a similar Cease and Desist letter. I promptly told him where he could stick it, and never heard another word. There's a reason you don't see Ford, GM, Chrysler etc. trying this crap. It won't work, and will cause negative publicity.

Still lurking...

Quote:

---

Originally Posted by BLWNAWY

Still lurking...

---

Ha! I was just thinking of you the other day.. Wondered how you were doing. Good to see you!