Date: Sat, 4 Nov 2000 11:06:52 -0800
Reply-To: David Marshall <vanagon@VOLKSWAGEN.ORG>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: David Marshall <vanagon@VOLKSWAGEN.ORG>
Subject: Re: No Vanagon Content, REALLY!: Question for the Law Guys
In-Reply-To: <03ee01c0468c$c0bb73d0$10e1e1df@marshall>
Content-Type: text/plain; charset="iso-8859-1"
Marshall,
I am not a lawyer but I can shed my personal experience with this.
In November of 1988 I registered Fast Forward Autobahn Sport Tuning as a
business. The name is registered in Victoria (our province capital) and
when you fill out the application there is a bunch of dos and don'ts listed
on it. My first choice was "Fast Forward" but it was turned down as there
was no descriptor that said what kind of business it was so I chose "Fast
Forward Autobahn Sport Tuning" for the acronym of FAST and it does indicate
German Automotive Tuning which is more or less what I do. Anyhow... it also
says in the rules that you can not choose a name that would leave customers
confused within your community / territory. I.e. You can not call yourself
ABC Auto Parts when there is a ABC Auto Service in your trade territory. So
Fast Forward Autobahn Sport Tuning seemed to be a pretty safe bet for me
(now I realise that it is too long!). On with the story... in February 1999
"Fast Forward Deliveries" was register in town, this is not owned by me, nor
do I have anything to do with it, but you wouldn't believe how many people
ask if I do deliveries. Also the woman who owns Fast Forward Deliveries
gets asked about VW parts all the time... so, what happened in Victoria?
Turns out that proprietorships are NOT name protected. If I was Fast
Forward Autobahn Sport Tuning Limited she could not have used that name. So
how do you get name protection internationally... well, my lawyer told me I
would have to register a Trade Mark in every country I am doing business in.
Now THIS gets expensive! To protect FAST FORWARD in association to
automotive parts I would have to register in Canada and the USA to protect
the name within north America. Then I would have to start registering in
the EC if I wanted protection in Europe. Here's the catch, I personally
cannot register FAST FORWARD in the USA as I am not an American citizen...
I would have to have an American citizen to represent me (i.e. an American
lawyer) so really there is no name protection unless you are very rich as
far as I am concerned. If I wanted to, I could call my business "The Bus
Depot" (sorry Ron, needed for the necessary Vanagon content!) and I could
legally do this in British Columbia as Ron does not hold a trademark in
Canada (at least I don't think he does) and his business is not registered
in British Columbia. Even though Ron when through the expense of
registering his name in the USA, I could use it in Canada and even get the
domain name of busdepot.ca and really throw a wrench in his basket. Just to
make a public note here, I have nothing against Ron or the Bus Depot and I
do recommend his business to everyone - nice guy, nice business, nice
products.... nor will I change my name to Bus Depot (perhaps we could talk
about it Ron... are you a franchise!?)
Anyhow that is my $0.02 plus GST on name protection.
David Marshall
Fast Forward Autobahn Sport Tuning
4356 Quesnel Hixon Road
Quesnel BC Canada V2J 6Z3
mailto:info@fastforward.ca http://www.fastforward.ca
Phone: (250) 992 7775 FAX: (250) 992 1160
• Vanagon Accessories and Engine Conversions
• Transporter, Unimog and Iltis Sales
• European Lighting for most Audi and Volkswagen models
-----Original Message-----
From: Vanagon Mailing List [mailto:vanagon@gerry.vanagon.com]On Behalf
Of Marshall Ruskin
Sent: November 4, 2000 10:27 AM
To: vanagon@GERRY.VANAGON.COM
Subject: No Vanagon Content, REALLY!: Question for the Law Guys
Do any of our lawyers know how to register and protect a business name and
trademarks internationally?
I guess I could go to the Law library and start digging, but thought I'd ask
the experts first - maybe just a quick pointer or two, please.
tia
Marshall Ruskin
84 Westy "Leader of the Pack"
Winnipeg, Manitoba, Canada
Founding Member of "Vanagon's Anonymous"
| 
