"ROUGH WEAR: Is a registered trademark of Eastman Leather Clothing Ltd."

[2BM2K]

Funny enough Eastman did have trouble in this arena, but if you go into the database of registered names in the US, you will find that "transatlantic trading" doesn't actually own the name Aero Leather Clo. Co. Here in the States, or indeed through the Madrid protocol (International trade-marking) in any country other than Scotland. As a point of fact (verify if you want) the last person who owned that name, and has first right of refusal for any new application, is one Gary Eastman of Ivybridge, UK.

Thanks, that clarifies a few things.

I am still puzzled as to why ELC have now marked ROUGH WEAR as trade-marked on their website. They seem to have owned it in the UK since 1996, if I understand the registration search correctly. Also it implies, incorrectly, that other companies don't have the right to use it world-wide, the registration is only valid in the UK.

 

[DiamondDave]

Yeah I'm unclear on that as well. Looks like it is not owned in the country of its origin,
At least not anymore. Weird.

 

[bseal]

"Arco" is the name adopted by Bill Kelso actually, JC and I still use the ACME name in our jackets.

DD

I thought Wile E. Coyote owned the Acme name...

 

[John Lever]

Where does Acme Thunderer fit in then ?

 

[Otter]

Arco are a big safety wear company in the UK, and I thought it was the usual abbreviation for the Atlantic Ritchfild Company in the USA.

 

[Otter]

Acme Thunderer must be the name of the weather control machine Mr Coyote purchased, probably from Sears.

 

[pawine]

In the U.S., looking only at what has been "registered" is a common mistake. Trademarks are actually granted and defendable, geographically, under common law. Thus, if Aero was trading under that name in all 50 states, selling jackets, even if someone were to register the name for leather jackets, the prior user would still have protection, nationwide, and the registrant would likely lose any legal case they brought. Think of it this way... if you open up "Jack's Diner" in your neighborhood, you do not have to register the name in order to be protected in that local area. If someone opened "Jack's Diner" 100 miles away, it's most likely fair game. So, if you planned on expanding nationally, you would seek to register. Unfortunately for you, anyone already using "Jack's Diner" would, in most cases, be able to successfully defend their continued use. Again, in Aero's example, if at the time another leather company wanting to put the name in their jackets, Aero was already using that name across the country, another maker would have significant legal hurdles to clear.