-
TDR Magazine subscribers receive more than the magazine! You also gain additional forum privileges!
Details here: TDR Privileges
Subscribe to TDR Magazine here: https://www.tdr-online.com/
Geno's Garage - "got diesel?" Contest (Ends: June 15, 2010)
- Thread starter TDRadmin
- Start Date
Attention: TDR Forum Junkies To the point: Click this link and check out the Front Page News story(ies) where we are tracking the introduction of the 2025 Ram HD trucks.
Thanks, TDR Staff
If ever there was a social application of the phrase, "firing out of battery," this is it. I went off half-cocked. And that bullet came around and bit me in my ... hind-quarters. If there was a large 'embarrassed' emoticon, it'd be at the top of this post.
I received a phone call today from Bob's wife, who was wondering why I was 'trashing' her. She reminded me that I know the beginning of the story. As it turns out, Mrs. Riley does have proof that she created "got diesel?" in 2002 because, on my advice that year, she emailed it to herself so she'd have a dated record of the idea. She also documented it, dated it, signed it and mailed it to herself; it's hard to argue with a postmark.
The service mark is registered in Bob's name because their attorney registered several marks at the same time and used one name. On the advice of their attorney, they have been 'performing due diligence' in protecting their rights by informing people of the service mark. And in the spirit of social civility, they have issued waivers to a number of those using the mark.
I cannot undo the damage I've done, but perhaps my blunder can be a lesson (to me as well).
I was wrong to make a blanket assumption. I was wrong to cause undue grief and distress. I am truly sorry.
I have editted my previous post, removing the most inflammatory remarks.
My sister owns a small bakery that she has had for 25 years and recently another business used a variation of her name in a new same-industry business in the same state. She learned that if they had registered the name in either a state, or national trademark, they could legally demand that she discontinue using her own name! Upon further research she found out that in another state someone had registered the exact same name and could also issue a cease and desist letter to her but did not because they are both small local businesses and nobody really cared if another business had the same name three states away.
She had also received a letter from the Disney Company years ago to cease and desist decorating any image of a Disney character on a cake. She could not legally decorate your kid's cake with Mickey Mouse or be legally liable. She could buy the plastic characters and stick them on the cake but no reproductions were allowed. She still has that letter under the counter to show parents why they can't have Cinderella on their four-year olds cake.
Unfortunately, if you are foolish enough (no offense intended) to not protect your assets this is what can happen, fair or not.
What I find interesting is that the whole “Got (fill in the blank)?” is a variation/modification of the National Milk Advisory Board's successful campaign of “Got Milk?” of a few years ago, and if they chose to they could issue a cease and desist letter to anyone using that format (even Genos') even though the name is changed, because it is obviously similar in spirit to the original slogan. I can only assume they don't because there is no direct competition or confusion in slogans like Got Diesel? and Got Milk?, but they could do so and probably succeed legally. I'm sure they could have challenged the registration of “Got Diesel?” if they wished to do so. (Maybe you should write them a nice letter!)
A few years ago we had a similar situation locally when Huntington Beach, Ca registered as a national trademark the phrase “Surf City”. Now, Santa Cruz, Ca had been using that moniker for many years, as had Huntington Beach and other coastal cities in California, but HB took the trouble to register it nationally and issued a letter to Santa Cruz to stop selling T-shirts with that phrase on it. Can they do that? Yes they can and they did and it created bad blood that continues to this day. It is fair?, no it's chicken-**** and low-handed just like this diesel situation.
Why not foster an attitude of friendly competition rather than legal strong-arming. Dieselsite was smart to register the phrase but not so smart in how they enforced it with the TDR, as it also just makes bad blood and makes them look like horse's rear ends. The shirts were mostly sold for charitable causes so they look like a bunch of bullies in this.
The downside of registering nationally is that, if I undestand it correctly, you have the legal responsibility to challenge any and all that may use your trademark or you can lose the right to it. You are supposed to monitor the trademark and defend it in all cases, hence the Disney letter. In the end the lawyers win the most. Dieselsite sent the letter to retain their legal rights but perhaps in this situation they may allow you to continue in good faith in a limited manner such as the shirts. You can use anything with the owner's approval.
With that all said, I would suggest that the TDR, if they have not already done so, register nationally the phrases “TDR”, “Turbo Diesel Register”, and “We are the Number One Resource for Dodge/Cummins Turbo Diesel truck information”, as well as any logos just in case this inspires any others to ride the tails of this forum. Of course that all depends on whether anyone can register any phrase with “Cummins” in is as that is a worldwide trademark already.
When you choose a winner in this contest, register it first, and then announce the winner, in that order.
My simple suggestion is “Drive Diesel?”
Good luck and happy smoking!
She had also received a letter from the Disney Company years ago to cease and desist decorating any image of a Disney character on a cake. She could not legally decorate your kid's cake with Mickey Mouse or be legally liable. She could buy the plastic characters and stick them on the cake but no reproductions were allowed. She still has that letter under the counter to show parents why they can't have Cinderella on their four-year olds cake.
Unfortunately, if you are foolish enough (no offense intended) to not protect your assets this is what can happen, fair or not.
What I find interesting is that the whole “Got (fill in the blank)?” is a variation/modification of the National Milk Advisory Board's successful campaign of “Got Milk?” of a few years ago, and if they chose to they could issue a cease and desist letter to anyone using that format (even Genos') even though the name is changed, because it is obviously similar in spirit to the original slogan. I can only assume they don't because there is no direct competition or confusion in slogans like Got Diesel? and Got Milk?, but they could do so and probably succeed legally. I'm sure they could have challenged the registration of “Got Diesel?” if they wished to do so. (Maybe you should write them a nice letter!)
A few years ago we had a similar situation locally when Huntington Beach, Ca registered as a national trademark the phrase “Surf City”. Now, Santa Cruz, Ca had been using that moniker for many years, as had Huntington Beach and other coastal cities in California, but HB took the trouble to register it nationally and issued a letter to Santa Cruz to stop selling T-shirts with that phrase on it. Can they do that? Yes they can and they did and it created bad blood that continues to this day. It is fair?, no it's chicken-**** and low-handed just like this diesel situation.
Why not foster an attitude of friendly competition rather than legal strong-arming. Dieselsite was smart to register the phrase but not so smart in how they enforced it with the TDR, as it also just makes bad blood and makes them look like horse's rear ends. The shirts were mostly sold for charitable causes so they look like a bunch of bullies in this.
The downside of registering nationally is that, if I undestand it correctly, you have the legal responsibility to challenge any and all that may use your trademark or you can lose the right to it. You are supposed to monitor the trademark and defend it in all cases, hence the Disney letter. In the end the lawyers win the most. Dieselsite sent the letter to retain their legal rights but perhaps in this situation they may allow you to continue in good faith in a limited manner such as the shirts. You can use anything with the owner's approval.
With that all said, I would suggest that the TDR, if they have not already done so, register nationally the phrases “TDR”, “Turbo Diesel Register”, and “We are the Number One Resource for Dodge/Cummins Turbo Diesel truck information”, as well as any logos just in case this inspires any others to ride the tails of this forum. Of course that all depends on whether anyone can register any phrase with “Cummins” in is as that is a worldwide trademark already.
When you choose a winner in this contest, register it first, and then announce the winner, in that order.
My simple suggestion is “Drive Diesel?”
Good luck and happy smoking!
Last edited:
You could always add an arrow between the "Got and Diesel" with an "A" or "Da"... and register it, thus saving your remaining inventory, and pis(2)ing on their fence post. Cruddy deal anyway you look at it.
Greg
Greg
Parks
Admin
How about: We've Got Diesel!
OK... so I have to say that the "Got Diesel" logo has been in Geno's/TDR print as early as 2000. A little before 2002.
I have to admit I am a little biased since I have been wearing a Got Diesel shirt and have been working for both of these companies well before Diesel Site's claim to ... ..... well... "inventing"... . "Got Diesel". Actually the credit should go to the folks who came up with "Got Milk"
Maybe the idea came to them at Thunder in Muncie with people walking around in "Got Diesel" t-shirts???
OK... so I have to say that the "Got Diesel" logo has been in Geno's/TDR print as early as 2000. A little before 2002.
I have to admit I am a little biased since I have been wearing a Got Diesel shirt and have been working for both of these companies well before Diesel Site's claim to ... ..... well... "inventing"... . "Got Diesel". Actually the credit should go to the folks who came up with "Got Milk"
Maybe the idea came to them at Thunder in Muncie with people walking around in "Got Diesel" t-shirts???
Last edited:
Similar threads
Issue 128 – Digital Version
Digital Magazines
FREE!
TDR Test Drive - Digital Edition
Renew
Subscribe
Gift Subscriptions
Back Issues
Subscription Status
Address Change Form
Buyer's Guides
Ram Diagnostic Trouble Codes
The Perfect Collection
The Perfect Collection Vol. II
TSB Updates
Dodge/Cummins Historical Overview
Cameron Collection
What Makes Us Tick?
Product Showcase
Advertising
Turbo Diesel Register
Issue 128 – Digital Version
Digital Magazines
FREE!
TDR Test Drive - Digital Edition
Renew
Subscribe
Gift Subscriptions
Back Issues
Subscription Status
Address Change Form
Buyer's Guides
Ram Diagnostic Trouble Codes
The Perfect Collection
The Perfect Collection Vol. II
TSB Updates
Dodge/Cummins Historical Overview
Cameron Collection
What Makes Us Tick?
Product Showcase
Advertising
