[pp.int.general] Fwd: [The IPKat] "You’re So Vain; You Probably Think This Plate is about You"
Amelia Andersdotter
teirdes at gmail.com
Sun Jun 26 19:16:34 CEST 2011
it's not theft if texas is doing it :P
-------- Original Message --------
Subject: [The IPKat] "You’re So Vain; You Probably Think This Plate is
about You"
Date: Sat, 25 Jun 2011 22:37:22 -0700 (PDT)
From: Jeremy <jjip at btinternet.com>
Reply-To: jjip at btinternet.com
To: ipkat_readers at googlegroups.com
<http://2.bp.blogspot.com/-ftaKzXnvyOc/TgbElmkR-WI/AAAAAAAASKA/pDrRpvSBvN8/s1600/virg.jpg>
/*Image <http://www.flickr.com/photos/coolmallu/1925949768/>*: BY-NC-SA
coolmallu /
The IPKat is thrilled to have persuaded his friend and fellow-blogger
*Aurelia J. Schultz
<http://www.blogger.com/profile/04296562132231894342>* to metamorphose a
brief Tweet into a fully-fledged blog post for him to host. It's all
about that splendid phenomenon, the customised motor car licence plate.
Writes Aurelia:
"There’s been a whole lot of hullabaloo lately as trade mark owners
brace themselves for the onslaught of infringements expected with
new top-level-domains. But it’s not just the information
superhighway where trade mark owners need to watch; they might want
to take a look around on the paved highway too.
Texas has found a new way to make money. People, well Americans at
least, love to showcase their individuality. And with over *100
hours a year
<http://usgovinfo.about.com/od/censusandstatistics/a/commutetimes.htm>*
spent driving, what better place to showcase your individuality than
on your very own specially-for-you licence plate? These licence
plates, called vanity plates, usually are available for a small
additional fee through the state department of motor vehicles when
you register your car. You submit your first few choices and hope
that someone else hasn’t already taken “ILUVTM”. Texas, however, is
doing things a little differently, exploiting the market, and so far
that exploitation has brought in some big bucks. But, should the
bucks really go to Texas?
Texas is auctioning of highly sought after plates. Rather than a
small fee and the hope that you’re first, you can secure the licence
plates of dream to showcase your individuality by out-bidding every
other individual who wants to identify themselves the exact same
way. The Wall Street Journal *highlights
<http://online.wsj.com/article/SB10001424052702303745304576359910386002034.html>*some
commonly-desired plates, such as single digit numbers and AMERICA.
But the most interesting plates mentioned, fetching $7,500 and
$15,000, were not numbers or places. They were trade marks.
“FERRARI”, just the word on a licence plate, went for $15,000 in
Texas. “PORSCHE” sold for $7,500. Both (arguably) well-known trade
marks related to cars, one has to wonder if the companies should
have some say, or some piece, of what’s going on here. (One also
wonders whether Texas requires that the FERRARI plate only go on a
FERRARI. Perhaps the threat of society laughing at your FERRARI
licence plate on a ’72 Pinto takes care of that.)
It would be hard to find trade mark infringement here since no one
is going to confuse a licence plate for a car, or think that a car
is a Porsche just because the licence plate says PORSCHE. And
people know that licence plates are produced by the state, usually
by the prisons, and not by car companies. There’s also no unfair
competition here as the licence plate is not competing with the
actual car. Dilution would be hard to show since there can be at
most 50 licence plates with the TM, maybe 500 if there’s enough room
for a digit (Note: the author does not know of any states that allow
more than 7 spaces on a licence plate.)
Texas does seem, however, to be unfairly gaining a hefty amount of
money thanks to the strengths of these brands. Shouldn’t they be
sharing tha
<http://www.blogger.com/post-edit.g?blogID=5574479&postID=2641571603185097734>t
large pot?"
Thoughts, anyone?
--
Posted By Jeremy to The IPKat
<http://ipkitten.blogspot.com/2011/06/youre-so-vain-you-probably-think-this.html>
on 6/26/2011 06:37:00 AM --
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