-Original Message-----
From: Gary Skelton [mailto:GSkelton@EquityManagementInc.com]
Sent: Thursday, July 08, 2010 6:09 AM
To: lou@turbolou.com
Subject: Your Company's Apparent Unauthorized Use of General Motors Trademarks
Importance: High
To Whom It May Concern:
Equity Management Inc. (“EMI”) represents General Motors Corporation in its Trademark Licensing Program, including its GM Service Parts Operations (“GM”). –OR-- Equity Management Inc. (“EMI”) is the exclusive licensing representative for General Motors Corporation, including its GM Service Parts Operations (“GM”). (Attached for your reference is a letter from the pertinent General Motors licensing manager evidencing EMI’s licensing representation authority.) I have been advised that your company is using certain GM Trademarks in connection with your business.
Specifically, I am advised that your company is using General Trademarks in your website. The Trademarks that are being use is the Grand National, Power Six Logo, Corvette Racing Logo, and the GM logo. As I believe you are well aware, General Motors and the subject GM Division owns hundreds of Trademarks such as the word marks, design marks (a.k.a. logos or emblems), trade names, and uniquely distinctive vehicle body designs associated with its business and products.
The Mark in question is a registered trademark of General Motors Corporation and protected from unauthorized use under Canadian and United States law, among other territorial jurisdictions. Only General Motors and authorized Licensees may use the Mark in accordance with applicable guidelines and limitations. According to records presently available to me, your company is not authorized under the applicable GM Licensing Program to use the Mark in connection with your business or the Product. Moreover, based on the particular use of the Mark with the Product in question, we have no information or reason to believe that your company is purchasing the Product from an authorized Licensee. (If our understanding is incorrect and the products are duly authorized/licensed, please advise me in writing as described below.) Your company’s display and use of the Mark, therefore, creates the false impression that your business and the Product are endorsed or sponsored by, or somehow affiliated with, General Motors Corporation and/or the subject vehicle marketing division.
This letter is to advise that should your company’s use of the Mark be unauthorized (which appears to be the case based on information currently available to me), such use will constitute trademark infringement and be deceptive toward the public.
Under such circumstances, your company must immediately cease using the Marks and advertising/promotional materials, and provide a written certificate of destruction evidencing such as signed by you or another duly authorized officer of your company. Moreover, your company is required to refrain from making any other representations that imply your company is endorsed or authorized by General Motors or the applicable vehicle marketing division to conduct business.
Please advise me in writing by July 14, 2010 that your company will discontinue using the Marks and comply fully with all the above requests. Your company’s failure or refusal to fully and completely comply with all the requests and requirements in this letter may subject your company to further action.
Due to the seriousness of this matter, your company’s prompt attention and action is necessary. I look forward to receiving your company’s written response to this letter (as standard practice, telephone calls cannot be received) within the above-noted date. You can fax me back your responds or e-mail me at
Sincerely,
<<Rep Letter 8-1-09.pdf>>
Gary S. Skelton
Client Sales Manager, GMSPO Licensing Program
__________________
08 Z06
04 Lightning
08 Turbo Porsche
87 GNX 176 # gone but not forgotten.
"old age and treachery will always overcome youth and ambition
From: Gary Skelton [mailto:GSkelton@EquityManagementInc.com]
Sent: Thursday, July 08, 2010 6:09 AM
To: lou@turbolou.com
Subject: Your Company's Apparent Unauthorized Use of General Motors Trademarks
Importance: High
To Whom It May Concern:
Equity Management Inc. (“EMI”) represents General Motors Corporation in its Trademark Licensing Program, including its GM Service Parts Operations (“GM”). –OR-- Equity Management Inc. (“EMI”) is the exclusive licensing representative for General Motors Corporation, including its GM Service Parts Operations (“GM”). (Attached for your reference is a letter from the pertinent General Motors licensing manager evidencing EMI’s licensing representation authority.) I have been advised that your company is using certain GM Trademarks in connection with your business.
Specifically, I am advised that your company is using General Trademarks in your website. The Trademarks that are being use is the Grand National, Power Six Logo, Corvette Racing Logo, and the GM logo. As I believe you are well aware, General Motors and the subject GM Division owns hundreds of Trademarks such as the word marks, design marks (a.k.a. logos or emblems), trade names, and uniquely distinctive vehicle body designs associated with its business and products.
The Mark in question is a registered trademark of General Motors Corporation and protected from unauthorized use under Canadian and United States law, among other territorial jurisdictions. Only General Motors and authorized Licensees may use the Mark in accordance with applicable guidelines and limitations. According to records presently available to me, your company is not authorized under the applicable GM Licensing Program to use the Mark in connection with your business or the Product. Moreover, based on the particular use of the Mark with the Product in question, we have no information or reason to believe that your company is purchasing the Product from an authorized Licensee. (If our understanding is incorrect and the products are duly authorized/licensed, please advise me in writing as described below.) Your company’s display and use of the Mark, therefore, creates the false impression that your business and the Product are endorsed or sponsored by, or somehow affiliated with, General Motors Corporation and/or the subject vehicle marketing division.
This letter is to advise that should your company’s use of the Mark be unauthorized (which appears to be the case based on information currently available to me), such use will constitute trademark infringement and be deceptive toward the public.
Under such circumstances, your company must immediately cease using the Marks and advertising/promotional materials, and provide a written certificate of destruction evidencing such as signed by you or another duly authorized officer of your company. Moreover, your company is required to refrain from making any other representations that imply your company is endorsed or authorized by General Motors or the applicable vehicle marketing division to conduct business.
Please advise me in writing by July 14, 2010 that your company will discontinue using the Marks and comply fully with all the above requests. Your company’s failure or refusal to fully and completely comply with all the requests and requirements in this letter may subject your company to further action.
Due to the seriousness of this matter, your company’s prompt attention and action is necessary. I look forward to receiving your company’s written response to this letter (as standard practice, telephone calls cannot be received) within the above-noted date. You can fax me back your responds or e-mail me at
Sincerely,
<<Rep Letter 8-1-09.pdf>>
Gary S. Skelton
Client Sales Manager, GMSPO Licensing Program
__________________
08 Z06
04 Lightning
08 Turbo Porsche
87 GNX 176 # gone but not forgotten.
"old age and treachery will always overcome youth and ambition
