Peel vs Peel - Not a happy bunny

[P50]

Worth viewing this article on youtube

Circa 3min 30secs you get to see my goodself in JMG about 20 mins before the big end lost interest in life. 

http://www.youtube.com/watch?v=AQ4CvzfgNpE

The tone is distinctly critical of the replicas...

[Rob Dobie]

It's about time the truth was told!

[Jim Janecek]

I thought the editing was a bit unfortunate because while Ernie was talking about being critical of all the electric replicas, they showed REAL ones driving about during the reunion a few years ago.
A casual viewer might think those were all replicas.

He did quote a bit from an email I sent to him though!  

also- I am not an expert in UK copyright or trademark law but while Ernie is under the impression that since the company and the copyright/trademark were dissolved that anyone can now make Peel P50s etc I am not so certain he is correct that the new company cannot claim to "own" the copyright or trademark to the name.
In the States, if you let a trademark drop, someone else can pick it up and renew it and market something under that trademark.  I know someone who recently purchase a large stock of old trademarks for a certain line of products and intends to re-market them again.  Perfectly legal.

I am fairly certain that the UK Peel co. can do something similar if something has fallen into what is known as the "public domain."
The other interesting twist is that if the Peel P50 and Trident and "Peel Engineering" were never actually registered trademarks in the UK, they are fair game for someone in the UK to simply create the names out of thin air and make products legally.

However, as Ernie points out, the problem is not that they are making the cars. 
The problem is that they are trying to create the impression that they have some sort of association with the original Isle of Man company.  And there is no connection.

[marcus]

I am not an expert on Trade Marks and Registered Designs in UK, but I *think* once they have lapsed and are in public domain then anyone can use them, but they cannot obtain protection.

[Big Al]

  How can you buy a Trademark that no one owns? The fact it is owned means that there most be some sort of continuity from when the product was first marketed. That means there is an entity that can be given a value and negotiated for. Given that as a situation then I can see you can claim the right to make a product using that trade mark. If the trade mark has no owner and is in the public domain then it cannot be re owned surely? There is no legally existing entity to buy. Therefore the question is can you obtain a new trade mark by co-opting one that has fallen out of use. I would think only if no one has used it while it was in the public domain. So the only trade marks available on that basis would be something marketed but never sold. Probably not worth the effort.
  I read it that now anyone can make a car that looks like a Peel powered with what ever they like subject to the laws of the country. If they care to attempt to apply for protection of part of their new design and are successful then you cannot copy that bit but they cannot claim the Peel concept. Nor, if it is a legal company, can you use their trading name. See the plethora of AC Cobra replica companies. However I could register Peel Engineering (Faringdon) Ltd if I wanted to. I could register Peal Engineering (I.O.M.) probably. Electric Peel Engineering sounds good and might have suited the new cars better than creating a bit of confusion with the original product.
  Going back to the Chevron cars. The legal case revolved round proof of ownership of the manufacturing rights. As I recall the guy who bought the drawings of the cars with some spares that were originally from the Chevron factory won. The judge took the view he had bought enough intellectual property to be the owner of the rights over the guy who had merely copied a car to create moulds and tooling to make reproductions. In other words there was an entity in the papers that was consistent, owned and negotiated for going back to the original firm. So maybe if there are designer drawings made be Cyril Cannell and so on that would yield a convincing case to obtain the rights. Interestingly this was more important as owning tooling, though I understand the tooling was copied.
I believe ferry tickets are cheap to the IOM this time of year!