Quote:
Originally Posted by GTRMagic
I tend to agree with you
The concern is how easily replicable the TKR "IP" actually is... it would be something that would need to be considered in examining a potential purchase of the brand name, trade marks and other associated paraphernalia
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now that the licence is gone, there is no value in the brand, and i can't see anyone rushing out to buy into a trademark that signifies the benefits of corruption , fraud and manipulation.
as you have alluded to, it is very easy to have a race team with "like' symbolism to represent NZ, and if someone who can ACTUALLY run a race team wants to invent a similar entity, there would be bugger all stopping them from doing so (albiet with a few changes to branding/logo etc). Davy-boy can go to the highest court in the land and protest black and blue that 'HIS' branding has been copied, but i'm yet to see the NZRFU stoop so low as to do it to him!!
as i have said all along, Davy John used an 'all-black' car with a 'silver fern' as a means to fund his dream by ripping passionate kiwis aligned to two of their national icons/ images/identities. He no longer owns the licence, probably never actually owned any of the cars (in V8Supercar racing anyway??) and definately has no 'ownership' of the iconology(??) of a black car with a silver fern emblazened upon it.
if i hit the jacKpot in the Lotto, i too , could start a team with a very similar, but not the same 'face' and call it TKR (True Kiwi Racesport??), with a slightly different silver fern on a black car, and all he would end up with is a huge lawyers bill should he try to claim copyright/trademark breach.