[JG]

This is an interesting topic that has some merit to it so I would welcome it not descending to the level of other past topics but discussed sensibly.

I have a very basic level of understanding of trademark and copyright but it would seem the two are getting intermingled in the discussion.

Clearly the Sammio shape is copyright as it's an original design and this would have been initiated with Gary but assume this copyright has passed via worded contract to the new owners over the years and presently lays with Micky1mo. So no direct copying of the Sammio shape and re-selling commercially regardless of the SAMMIO name.

The SAMMIO trademark from my understanding simply means you can't use commercially the SAMMIO name under the classes listed for commercial purposes, ie it doesn't mean you can't write SAMMIO in a forum discussion for instance.

It would also seem clear to me, and fair, that a 3rd party can't use the word SAMMIO in a commercial basis under the protected classes to promote their own business without express permission from the IP holder. It doesn't mean, as far as my understanding goes, that a 3rd party can't build a SAMMIO for a customer, just that he can't use the name SAMMIO in advertising/promotional material etc without consent.

It's also expected from a Trademark holder to defend their trademark where they feel there is a breach as there can be ramifications if they don't as the trademark term can end up losing it's uniqueness. This can very easily become extremely expensive to defend of course.

Whatever the outcome I hope all parties can reach an amicable agreement where the SAMMIO carries on finding willing homes and that all parties do well financially to carry forward the SAMMIO name.

We want to see more stories where people are getting together with their cars and enjoying them.

John