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

[EngineerGuY]

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.

[Michael]

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!

[Helirich]

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.

[EngineerGuY]

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

[camaro430sut]

I donno, is your buddy renting reliant robins?

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[EngineerGuY]

I donno, is your buddy renting reliant robins?

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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.

[Michael]

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

[EngineerGuY]

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.

[Michael]

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.

[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.