Drivetrain Brand issues and a new name
5th Gear
Joined: Mar 2003
Posts: 1,057
Likes: 0
Randy,
really sorry to hear that!
My vote goes for one of the variants with your first name in it, since we have come to associate that with your business, so either
Randy Motorsports (my favorite)
Randy BMC Motorsports
Randy Webb Motorsports
Like Greatbear said, BMW of NA is becoming more and more irksome!
I'm beginning to like BMW less and less!
For one thing, I have now decided to never, ever buy a BMW.
MINI is different, and maybe if we're lucky MINI will be on it's own again one day, a small company that cares about enthusiasts, and no longer affiliated with a nasty big corporation.
The whole business of requesting to sign over a domain name is also very, very disturbing!
What's the whol epoint of being able to sign up for, registering and reserving a domain name, if some big company can just come along and sue you out of it?
I don't know if this is possible, but I wish people could hang onto the domain names they have registered, inclduing all the ones that contain MINI, and NOT turn them over to BMW. You will still have to use a different one for your business, but hang onto the current one WITHOUT USING IT (or without using it for profit), just so that BMW cannot use it!!! THis is important in my view as it may be a small step to teach companies that they cannot just move around by being big bullies!!!!
M.
really sorry to hear that!
My vote goes for one of the variants with your first name in it, since we have come to associate that with your business, so either
Randy Motorsports (my favorite)
Randy BMC Motorsports
Randy Webb Motorsports
Like Greatbear said, BMW of NA is becoming more and more irksome!
I'm beginning to like BMW less and less!
For one thing, I have now decided to never, ever buy a BMW.
MINI is different, and maybe if we're lucky MINI will be on it's own again one day, a small company that cares about enthusiasts, and no longer affiliated with a nasty big corporation.
The whole business of requesting to sign over a domain name is also very, very disturbing!
What's the whol epoint of being able to sign up for, registering and reserving a domain name, if some big company can just come along and sue you out of it?
I don't know if this is possible, but I wish people could hang onto the domain names they have registered, inclduing all the ones that contain MINI, and NOT turn them over to BMW. You will still have to use a different one for your business, but hang onto the current one WITHOUT USING IT (or without using it for profit), just so that BMW cannot use it!!! THis is important in my view as it may be a small step to teach companies that they cannot just move around by being big bullies!!!!
M.
2nd Gear
Joined: Jan 2003
Posts: 61
Likes: 0
From: Mannheim Germany
No matter what one tries to do in life there is always some "richard" out there wanting to pee on the parade!!! The support that this "MAN" has given to this community is very commendable and don't think that any one will dispute that. Many have benifited from his expertise 
Good Luck!! Randy
Good Luck!! Randy
5th Gear
Joined: Jun 2002
Posts: 970
Likes: 1
From: Metro Washington D. C.
I like Randy Webb Motorsport and RWM for short.
With respect to your old name. Make them purchas it from you. You came up with it first. Tell them that you will stop using their name in your business but they better not use your soon to be former name without some payment to you. If you have a web site established with that name they are free to purchas it from you other wise you will file suit in court as it is your intellectual properity. You did come up with the name not them. Their beef is you used part of their name in the title.
The shoe fits on both feet.
John
With respect to your old name. Make them purchas it from you. You came up with it first. Tell them that you will stop using their name in your business but they better not use your soon to be former name without some payment to you. If you have a web site established with that name they are free to purchas it from you other wise you will file suit in court as it is your intellectual properity. You did come up with the name not them. Their beef is you used part of their name in the title.
The shoe fits on both feet.
John
2nd Gear
Joined: Apr 2003
Posts: 54
Likes: 0
From: coral springs, forida
I like RANDYWEBBMOTORSPORT.COM
What about, BMW IS going to tell WALT DISNEY to change the name of Mickey's wife "MINI" to another one because they have decided nobody else can used.
MY .04 CENTS OF CONTRIBUTION
CARLOS
What about, BMW IS going to tell WALT DISNEY to change the name of Mickey's wife "MINI" to another one because they have decided nobody else can used.
MY .04 CENTS OF CONTRIBUTION
CARLOS
Neutral
Joined: Jul 2003
Posts: 3
Likes: 0
From: columbus, ohio
personally I like wee-motorsports, or maybe grinning-autoworks, petite-mods, randys-petite-autofarm, 200hp-shrimps, and my personal favorite: pygmy-motorsport
entries found for mini.
Entry: miniature
Function: adjective
Definition: tiny
Synonyms: baby, diminutive, dwarf, dwarfish, itsy-bitsy, itty-bitty, Lilliputian, little, midget, mini, minikin, minuscule, minute, mite, model, petite, pint-sized, pocket, pygmy, reduced, scaled-down, small, small-scale, teensy, teeny, toy, wee
Entry: baby
Function: adjective
Definition: miniature
Synonyms: babyish, diminutive, dwarf, little, midget, mini, minute, petite, small, tiny, wee, youthful
Antonyms: big, giant, large, mature
Entry: little
Function: adjective
Definition: small
Synonyms: babyish, bantam, brief, cramped, diminutive, dinky, dwarf, elfin, embryonic, fleeting, hardly any, hasty, immature, imperceptible, inappreciable, inconsiderable, infant, infinitesimal, insufficient, junior, light, Lilliputian, limited, meager, microscopic, mini, miniature, minute, not big, not large, peanut, petite, pygmy, scant, short, short-lived, shrimp, shriveled, skimpy, slight, snub, sparse, stubby, stunted, teeny, tiny, toy, truncated, undersized, undeveloped, wee, wizened, young
3rd Gear
Joined: Dec 2002
Posts: 274
Likes: 0
From: san diego
I am not an attorney but I believe that "MINI" their trademark has to be an individual word. If you were to combine "MINI" with motorsport then i don't believe that they can do anything to you.
So your name could therefore be "MINIMOTORSPORT" as one whole word. Just an idea :smile:
So your name could therefore be "MINIMOTORSPORT" as one whole word. Just an idea :smile:
1st Gear
Joined: Aug 2003
Posts: 14
Likes: 0
From: Boston
Randy,
Sorry to hear that BMW is targeting the little guys.
I have had some experience with trademark infringement cases. I am not an attorney but a businessman that has had my run in with larger over zealous companies. The problem is that they have deep pockets and can grind you down until you deplete all your resources.
Maybe this can help…….
First of all, never hirer the local attorney to fight this type of action. You must use a very experienced trademark litigator that has a proven track record. Just because a law firm has a lot of attorneys on staff does not mean that they have the experience to fight this type of case. Go to a firm that specializes in trademark law, it will be worth the money.
The word “mini” is a vague description that could never stand alone without some sort of descriptor. The US Patent Office is the primary keeper of all U.S. Trademarks. The U.S. Patent Office web site is http://www.uspto.gov. When you apply to the USPTO for a trademark they ask what the usage of the name will be (in what context). For example, if I use the word “mini” with the word “cooper” (or “mini cooper”) that is a trademark that was registered with the USPTO August 15, 2001 by Rover Group Limited of the United Kingdom. It is described by the owner (The Rover Group) for use as “AUTOMOBILES AND STRUCTURAL PARTS THEREFOR”. This has been accepted and approved by the USPTO and is currently an active trademark. This means that automobiles and structural parts used with the trademark “mini cooper” are protected. If you use the word “mini” with the word “car” (or “mini car”) you will find this is owned by another company that is unrelated to BMW, Mini or The Rover Group Limited. In fact, it is a clothing company that makes pajamas (for kids, I think).
The point I’m making is that BMW, Mini, or the Rover Group does not own the word “mini”. It is all in how you use the word. Therefore the name “Randy Mini Motorsport(s)” may be possible if you are selling other things besides Mini Cooper parts. You may say that you are selling automotive parts for cars, not necessarily for Mini Coopers. The other key point is that this trademark was registered August 15, 2001. If Mini-Motorsport was in business prior to this date you might be able to keep the name.
The USPTO use a system called TESS (Trademark Electronic Search System) to archive all U.S. Trademarks (to find this search system go to http://www.uspto.gov click on “TRADEMARKS” the click on “SEARCH trademarks”). If you use this system to search the word “mini” thousand of names are produced that have the word “mini” as part of their trademarked name. You may find this site very interesting.
Another way to protect your company is to find a trademark that is registered with the USPTO by another company and approach that company to buy or buy the rights to use that name. As long as the registration of the trademark precedes the registration of BMW/Mini you may be able to protest yourself.
My advice is don’t give up to easily. Get a good attorney and ask lots of questions. It will be worth the money to protect your business or at least give you piece of mind you did all you could do.
Since many other companies are having similar problems it might be worthwhile to get together to share the litigation costs. You always have a better chance to win a case or negotiate a deal when there are many individuals (or companies) working together for a common cause. It may be time to get all the “mini” remarketers together and create a trade association to protect yourselves from BMW/Mini. They will listen if they know you are organized. Strength comes from numbers!!
By no means do I pretend to be an attorney. My comments and advice are solely based upon my experiences. You should make your decisions based on professional advice.
Randy, I look forward to getting my “Randy Mini- Motorsports” upgrade parts for my MCS. Your advice, enthusiasm and time spent on the phone with me only reflect on your excellent customer service. Keep up the good work!
Good Luck
Rich
(One Lap MCS from Boston)
Sorry to hear that BMW is targeting the little guys.
I have had some experience with trademark infringement cases. I am not an attorney but a businessman that has had my run in with larger over zealous companies. The problem is that they have deep pockets and can grind you down until you deplete all your resources.
Maybe this can help…….
First of all, never hirer the local attorney to fight this type of action. You must use a very experienced trademark litigator that has a proven track record. Just because a law firm has a lot of attorneys on staff does not mean that they have the experience to fight this type of case. Go to a firm that specializes in trademark law, it will be worth the money.
The word “mini” is a vague description that could never stand alone without some sort of descriptor. The US Patent Office is the primary keeper of all U.S. Trademarks. The U.S. Patent Office web site is http://www.uspto.gov. When you apply to the USPTO for a trademark they ask what the usage of the name will be (in what context). For example, if I use the word “mini” with the word “cooper” (or “mini cooper”) that is a trademark that was registered with the USPTO August 15, 2001 by Rover Group Limited of the United Kingdom. It is described by the owner (The Rover Group) for use as “AUTOMOBILES AND STRUCTURAL PARTS THEREFOR”. This has been accepted and approved by the USPTO and is currently an active trademark. This means that automobiles and structural parts used with the trademark “mini cooper” are protected. If you use the word “mini” with the word “car” (or “mini car”) you will find this is owned by another company that is unrelated to BMW, Mini or The Rover Group Limited. In fact, it is a clothing company that makes pajamas (for kids, I think).
The point I’m making is that BMW, Mini, or the Rover Group does not own the word “mini”. It is all in how you use the word. Therefore the name “Randy Mini Motorsport(s)” may be possible if you are selling other things besides Mini Cooper parts. You may say that you are selling automotive parts for cars, not necessarily for Mini Coopers. The other key point is that this trademark was registered August 15, 2001. If Mini-Motorsport was in business prior to this date you might be able to keep the name.
The USPTO use a system called TESS (Trademark Electronic Search System) to archive all U.S. Trademarks (to find this search system go to http://www.uspto.gov click on “TRADEMARKS” the click on “SEARCH trademarks”). If you use this system to search the word “mini” thousand of names are produced that have the word “mini” as part of their trademarked name. You may find this site very interesting.
Another way to protect your company is to find a trademark that is registered with the USPTO by another company and approach that company to buy or buy the rights to use that name. As long as the registration of the trademark precedes the registration of BMW/Mini you may be able to protest yourself.
My advice is don’t give up to easily. Get a good attorney and ask lots of questions. It will be worth the money to protect your business or at least give you piece of mind you did all you could do.
Since many other companies are having similar problems it might be worthwhile to get together to share the litigation costs. You always have a better chance to win a case or negotiate a deal when there are many individuals (or companies) working together for a common cause. It may be time to get all the “mini” remarketers together and create a trade association to protect yourselves from BMW/Mini. They will listen if they know you are organized. Strength comes from numbers!!
By no means do I pretend to be an attorney. My comments and advice are solely based upon my experiences. You should make your decisions based on professional advice.
Randy, I look forward to getting my “Randy Mini- Motorsports” upgrade parts for my MCS. Your advice, enthusiasm and time spent on the phone with me only reflect on your excellent customer service. Keep up the good work!
Good Luck
Rich
(One Lap MCS from Boston)
1st Gear
Joined: Aug 2003
Posts: 14
Likes: 0
From: Boston
itsadirtybird post has a good point. Minimotorsport may be a name you can register with the USPTO. The key point is what services you will be offering under that name. May be its "small/compact car performance enhacemants" This could be worth investigating. darn....wish I thought of it!!
1st Gear
Joined: Jun 2003
Posts: 16
Likes: 0
From: Denver, CO
Tough choice, I'll add my 2 cents:
LittleBritMotorsport
One would think that you'd do well using your own name, but there already exists a business called Webb Family Motorsports.
Keep up the good work, and don't let the Bavarians get you down.
LittleBritMotorsport
One would think that you'd do well using your own name, but there already exists a business called Webb Family Motorsports.
Keep up the good work, and don't let the Bavarians get you down.
3rd Gear
Joined: Apr 2002
Posts: 169
Likes: 0
From: St. Louis, MO USA
>>I vote for Randy Motorsport. The brick name kinda comes from Classic Minis that were often called "flying bricks".
>>Maybe Flying Brick Motor Works.com? Could be referred to as F-BMW for short?
FBMW.com Says it all! Four letters may be too long but Flying Brick Motor Works gets my vote.
>>Maybe Flying Brick Motor Works.com? Could be referred to as F-BMW for short?
FBMW.com Says it all! Four letters may be too long but Flying Brick Motor Works gets my vote.
2nd Gear
Joined: May 2002
Posts: 68
Likes: 0
From: Gainesville, GA
Here's a variant they couldn't touch, and it's only one letter different than the current name: MINIT-MOTORSPORTS.COM
By sticking a "T" in the name, you've kept most of your identity AND you've circumvented the BMW bas--rds. Just a thought. Otherwise, go with the Randy Webb Motorsports. But if it were me, I'd do the "minit-motorsports.com" just to **** 'em off!
By sticking a "T" in the name, you've kept most of your identity AND you've circumvented the BMW bas--rds. Just a thought. Otherwise, go with the Randy Webb Motorsports. But if it were me, I'd do the "minit-motorsports.com" just to **** 'em off!
5th Gear
Joined: Jan 2003
Posts: 799
Likes: 0
From: East
Fastest 5 pages I've seen yet!!
Let's see.....I'm going for WebbMotorSport or WebbSport.
A spider logo thing would be cool.
Or, how about MaxiMotorSport.....kind of a tongue in cheek backhand.
Or, GodMotorSport...as in all knowing....and u r Randy.
Randy, has anyone's counsel talked about a class action response?
Let's see.....I'm going for WebbMotorSport or WebbSport.
A spider logo thing would be cool.
Or, how about MaxiMotorSport.....kind of a tongue in cheek backhand.
Or, GodMotorSport...as in all knowing....and u r Randy.
Randy, has anyone's counsel talked about a class action response?
5th Gear
Joined: Sep 2002
Posts: 883
Likes: 2
Randy: How about
Shoebox Racing, Shoebox Tech, (RWR)-RW Racing, "WebbWorks", WebbMotorWorks, RWCoupeWorks, "WebbTuning", QuikBrikTuning,
"WebbTech", WebbTech Motorsports, Bulldog Motorsports, Bulldog tuning,
Bulldog Racing, "Webbtronics", or WebbSpeed.
How about "Double Jack" Motorsports!
Those of you who've seen Randy's pulley change know what I mean.
Shoebox Racing, Shoebox Tech, (RWR)-RW Racing, "WebbWorks", WebbMotorWorks, RWCoupeWorks, "WebbTuning", QuikBrikTuning,
"WebbTech", WebbTech Motorsports, Bulldog Motorsports, Bulldog tuning,
Bulldog Racing, "Webbtronics", or WebbSpeed.
How about "Double Jack" Motorsports!
Those of you who've seen Randy's pulley change know what I mean.