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Geno's Garage - "got diesel?" Contest (Ends: June 15, 2010)

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“got diesel?” has been gracing Geno's Garage t-shirts for more years than we can count now (since before our first Holiday Project in 2003). We sell a t-shirt here and there, mostly for fun. But come the holidays, Geno's Garage sells them for a purpose. Well, we did sell them for a purpose. We can no longer produce our ever-popular t-shirts unless we agree to print one of our competitor's names under the logo. Say what?



In August, 2006, the folks at Dieselsite went to the trouble and expense of registering “got diesel?” as their trademark. We could not come up with a reason for their decision to do that. Now we know why. We have been given notice to either:



a. Stop marketing our “got diesel?” t-shirts, or

b. Start printing “Registered Trademark of Dieselsite” on the shirts we do manufacture and sell.



Wow. To add insult to injury they claim to deserve to have their name on our Geno's Garage “got diesel?” t-shirts because of their contribution to the success of our annual community service (holiday t-shirt) projects. Please . . . Their rationale is that we were successful because we were allowed to use their registered trademark.



Well, we've decided that we will not be blackmailed into advertising for a competitor. Would you? But the law is the law and we have to retire our “got diesel?” t-shirts.



Now that we've let some of the steam off, it is time for Geno's Garage to turn that negative energy into something productive. Put your creative pens to work for us now. Post your best new t-shirt idea on the Turbo Diesel Register website by June 15, 2010. We'll pick a winner by June 30 and get those new t-shirts into production.



Winner gets 10 of the new t-shirts, a $250 gift certificate to Geno's Garage and Geno's Garage will renew your subscription to the Turbo Diesel Register for three years. It just doesn't get any better than that.



Rules? None. Just keep the entries clean and original.



Dodge diesel enthusiasts, start your posts!
 
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Thats a dirty shame considering you were using it before they registered it. Anyway here is my contribution.



#ad
 
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If you have positive proof that you were using 'Got Diesel?' in interstate commerce for some significant amount of time before Bob Riley started to, then he hasn't a leg to stand on. There are, quite literally, thousands of trade marks and service marks in this country that have never been registered.



A few notes about Bob's mark.

  • He was granted a service mark, not a trademark.
  • He claims to have used it 'as early as' May of 2002, but provided no proof to USPTO supporting this claim.
  • His first claimed actual use in commerce was 5/19/2005.



I believe your first, continual and national use of the phrase "GOT DIESEL?" and backed up with solid evidence, trumps his claim. You should stand up for your rights and make him back down. And you should try to have the registration overturned; a quick perusal of section 2 of the Act will probably yield sufficient ammunition. Once your defense is successful, then you change your slogan.



[EDIT: I posted knowing only half the story, not realizing I knew more (from years ago). I have posted a retraction and correction. ]
 
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I am sure gonna miss those shirts if this really happens. They have become a trademark item for Geno's and TDR. I agree with fest3er, tell them to stick it where the sun don't shine.



Dave
 
Bob's just looking for free advertising.



If you have positive proof that you were using 'Got Diesel?' in interstate commerce for some significant amount of time before Bob Riley started to, then he hasn't a leg to stand on. There are, quite literally, thousands of trade marks and service marks in this country that have never been registered.



Stand up for your rights:

  • Spend a few minutes gathering the information documenting your creation of and continual use of the mark starting in 2003, on web sites, on goods and products, in commerce, et al.
  • Have your lawyer write Bob a stern 'cease and desist' letter.
  • Have your lawyer write a letter to the USPTO requesting that the mark's registration be overturned, stating explicit reasons.



A few notes about Bob's mark.

  • He was granted a service mark, not a trademark.
  • He claims to have used it 'as early as' May of 2002, but provided no proof to USPTO supporting this claim.
  • His first claimed actual use in commerce was 5/19/2005.



I believe your first, continual and national use of the phrase "GOT DIESEL?" and backed up with solid evidence, trumps his claim. You should stand up for your rights and make him back down. And you should try to have the registration overturned; a quick perusal of section 2 of the Act will probably yield sufficient ammunition. Once your defense is successful, then you change your slogan.



I don't like bullies.



If this is factual, I agree. I have no knowledge of the situation.



And, apparently Im going to have to see what DieselSite is... its so successful I dont think Ive heard of it or its not ringing a bell:rolleyes:
 
how about "got torque" or "got power" and maybe put a pic of a readers rig on the back doing some heavy work. you could hold another contest to select the truck.
 
Diesel: what you want to drive.
Diesel: it's what you want to drive today.
Diesel: it's what you want to drive.
Diesel: what you want to drive today.
Diesel: it's what you want.
Diesel: it's how you get there.
 
this just bugs the crap out of me. what's wrong with people. maybe this deserves a smear campaign across all the diesel forums.
 
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