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Old 02-11-2010, 05:48 PM   #43
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Originally Posted by dwightdi View Post
The Airstream Company did the same thing to this forum site several years ago and the owner of this site changed its name to AirForums to avoid the argument.
Oh crap...am I going to get a letter too.
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Old 02-11-2010, 06:51 PM   #44
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I hope Silvertwinkle appreciates the freedom of expression he enjoys here.

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Old 02-11-2010, 07:24 PM   #45
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I actually agree, Save Wally started out great and it had a clear message with constructive dialog when the name change and the allowing of non-Airstreams into the club came along. That changed quickly after those events passed IMHO.

Pat, I enjoy freedom of expression both here and over there. Thing is if folks want to yank my posts here or there (and yes, I have had some pulled over there too, as I have here as well), you don't see me complaining about it in public everywhere else. I man up and move on.
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Old 02-11-2010, 07:51 PM   #46
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Quote:
Originally Posted by byamcaravanner View Post
Joe,

Is this still America we live in?

Might some of us be allowed to start a club if we so choose? ...or does the WBCCI only have the right to a club that honors Wally and the Airstream product?

Please listen to what you are actually saying.
Steve,
I didn't say anything about starting another Airstream club. I am not opposed to that and I don't think WBCCI would be foolish enough to try to stop it. In fact, I am almost surprised after years of talk about starting a competing club that one has not been started already.

I only stated that I believe that the rumors of a new club being started by the people putting on the WBBB may have gotten their attention. That's all. I can see WBCCI not wanting an event name closely associated with their club being tied to the beginnings of a separate club (whatever that club might be called). That's all.

After reading a few more posts, I agree that a phone call maybe should have been the first attempt, rather than a letter from the lawyer. I think you guys are reasonable and would have complied. I was just responding to someone that thought WBCCI members would be against defending the name of the club. I am not against that, although the method chosen may have not been my first choice.

As for the similar letter to SaveWally, I don't get that because it was apparently directed at the Unit Guide that is provided as a benefit to the club.
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Old 02-11-2010, 10:45 PM   #47
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Quote:
Originally Posted by byamcaravanner View Post
.
Dintysmores&Shihls, LLP
Attorneys


February 12, 2010

Mr. Byamcaravanner


Re: Infringement of Wally Byam Caravan Club International, Inc. Trademarks
Our Docket WAL 0004 T3 (40837.8)

Dear Mr. Byamcaravanner:

We are writing on behalf of Wally Byam Caravan Club International, Inc., (WBCCI). It has come to WBCCI's attention that you are using an alias that is derivative of Mr. Wallace Byam and the Blue Beret, formally known as the Caravanner, by incorporating the name byamcaravanner at the Airforums.com, the SaveWally.org, and the Official WBCCI websites.

WBCCI registered the name WALLY BYAM under No. 695,445, on March 29, 1960. WBCCI also owns a federal trademark registration for the BLUE BERET, FKA the CARAVANNER, in conjunction with the WBCCI logo, under No. 1,560,836, issued October 17, 1989, in conjunction with a monthly magazine for owners of travel trailers and motor homes. WALLY BYAM and the CARAVANNER, NKA the Blue Beret, are well known to Airstream owners, and are associated with the web site owned and operated by WBCCI.

Your use of the alias byamcaravanner on the aforementioned websites almost certainly gives rise to the mistaken impression among those viewing any of your posts that you are either WALLY BYAM, or associated with the BLUE BERET, or both. Any published disclaimer that you are not WALLY BYAM or associated with the BLUE BERET is unlikely to defeat the impression created by your use of the alias byamcaravanner that you are in fact WALLY BYAM or sanctioned by the WBCCI.

WBCCI's trademarks are very valuable to WBCCI and represent decades of goodwill and service to WBCCI's membership. Notwithstanding recent efforts by club leaders to get rid of the name WALLY BYAM from the club's name, WBCCI has now decided that it should probably take seriously its duty to protect these marks from infringement and dilution, so they've hired us to take steps to curtail unauthorized use of the marks or any marks imitative of them. Accordingly, we must ask that you cease use of our name: byamcaravanner. However, we can hardly imagine WBCCI would have an objection to your use of any of the names of those on the EC7/IBT, seeing how there is absolutely no evidence that there is anything intellectual there to protect.

Of course, you are at liberty to express your views of WBCCI, to share with others your experiences with the organization, and to exchange information concerning the organization and its activities with your pet dog on any given weekend. WBCCI asks only that you refrain from impinging upon the legitimate rights of the organization by making any other unauthorized use of its intellectual property.

We look forward to receiving your or your attorney's response to the foregoing requests within ten (10) days of your receipt of this letter.

Very truly yours,


Harvey Wallbanger, Esq.
Dewey, Cheatem and Howe
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Old 02-12-2010, 01:18 AM   #48
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Minstral Blue, good stuff! Please refrain from using the term "Blue" as the color wheel lawyers are itching for a fight...
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Old 02-12-2010, 03:26 AM   #49
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He is wrong about this

Word Mark WALLY BYAM'S CARAVAN CLUB, INC. Goods and Services IC 200. US 200. G & S: INDICATING MEMBERSHIP IN THE ORGANIZATION. FIRST USE: 19550800. FIRST USE IN COMMERCE: 19550800 Mark Drawing Code (1) TYPED DRAWING Serial Number 72063521 Filing Date December 2, 1958 Current Filing Basis 1A Original Filing Basis 1A Registration Number 0695445

Word Mark WALLY BYAM CARAVAN CLUB INTERNATIONAL BLUE BERET Goods and Services IC 016. US 038. G & S: MONTHLY MAGAZINE FOR OWNERS OF TRAVEL TRAILERS AND MOTOR HOMES. FIRST USE: 19650000. FIRST USE IN COMMERCE: 19650000 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 02.01.01 - Busts of men facing forward; Heads of men facing forward; Men - heads, portraiture, or busts facing forward; Portraiture of men facing forward
24.05.01 - Circular or elliptical seals; Seals, circular or elliptical Serial Number 73758573 Filing Date October 19, 1988 Current Filing Basis 1A Original Filing Basis 1A Published for Opposition July 25, 1989 Registration Number 1560836

To infringe you would need to use the mark the whole mark in a competing magazine or to indicate membership in a club,

read the use.

You can have Kodak gas station but not a film co.
They are different channels of trade.

Also when someone sends you a C&D letter you can bring them into Federal Court in your hometown to get a clarification,

Most C&D's are bluffs to scare people, he would need to prove confusion, and $$ loss.

I would if I were you ask him to sue you, then he could get bounced out of court for a frivolous action.

They would also need to sue you in your home state of WI.

Quote:
Originally Posted by mistral blue View Post
Dintysmores&Shihls, LLP
Attorneys


February 12, 2010

Mr. Byamcaravanner


Re: Infringement of Wally Byam Caravan Club International, Inc. Trademarks
Our Docket WAL 0004 T3 (40837.8)

Dear Mr. Byamcaravanner:

We are writing on behalf of Wally Byam Caravan Club International, Inc., (WBCCI). It has come to WBCCI's attention that you are using an alias that is derivative of Mr. Wallace Byam and the Blue Beret, formally known as the Caravanner, by incorporating the name byamcaravanner at the Airforums.com, the SaveWally.org, and the Official WBCCI websites.

WBCCI registered the name WALLY BYAM under No. 695,445, on March 29, 1960. WBCCI also owns a federal trademark registration for the BLUE BERET, FKA the CARAVANNER, in conjunction with the WBCCI logo, under No. 1,560,836, issued October 17, 1989, in conjunction with a monthly magazine for owners of travel trailers and motor homes. WALLY BYAM and the CARAVANNER, NKA the Blue Beret, are well known to Airstream owners, and are associated with the web site owned and operated by WBCCI.

Your use of the alias byamcaravanner on the aforementioned websites almost certainly gives rise to the mistaken impression among those viewing any of your posts that you are either WALLY BYAM, or associated with the BLUE BERET, or both. Any published disclaimer that you are not WALLY BYAM or associated with the BLUE BERET is unlikely to defeat the impression created by your use of the alias byamcaravanner that you are in fact WALLY BYAM or sanctioned by the WBCCI.

WBCCI's trademarks are very valuable to WBCCI and represent decades of goodwill and service to WBCCI's membership. Notwithstanding recent efforts by club leaders to get rid of the name WALLY BYAM from the club's name, WBCCI has now decided that it should probably take seriously its duty to protect these marks from infringement and dilution, so they've hired us to take steps to curtail unauthorized use of the marks or any marks imitative of them. Accordingly, we must ask that you cease use of our name: byamcaravanner. However, we can hardly imagine WBCCI would have an objection to your use of any of the names of those on the EC7/IBT, seeing how there is absolutely no evidence that there is anything intellectual there to protect.

Of course, you are at liberty to express your views of WBCCI, to share with others your experiences with the organization, and to exchange information concerning the organization and its activities with your pet dog on any given weekend. WBCCI asks only that you refrain from impinging upon the legitimate rights of the organization by making any other unauthorized use of its intellectual property.

We look forward to receiving your or your attorney's response to the foregoing requests within ten (10) days of your receipt of this letter.

Very truly yours,


Harvey Wallbanger, Esq.
Dewey, Cheatem and Howe
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Old 02-12-2010, 03:58 AM   #50
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I say this thread should be renamed to Bravo Ed you poked yourself in the eye again.
I seriously doubt he thought this is how it would proceed.
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Old 02-12-2010, 05:06 AM   #51
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Quote:
Originally Posted by mistral blue View Post
the...impression...that you are...WALLY BYAM,
Darn... my secret is out. I am Wally Byam, no I did not die in 1962. I have been living in an undisclosed location in a specially fitted Gold trailer....and the best part is that Elvis joins me for Happy Hour every afternoon.

Oh, I was so looking forward to celebrating my 114th birthday with the Bakers and their friends... because they know what is true Airstream Spirit. Thing is, I got one of those damn C&D letters too. I should have never let those Caravan folks trademark my name.

Well, you'all still have a good time anyway!

And for you WBCCI folks that think you have the only game in town... please read paragraph five of Wally Byams Creed...

"To encourage clubs and rallies that provide an endless source of friendships, travel fun and personal expressions."

Notice how I wrote "CLUB(S)? meaning more than one? So get off your high horse and focus on the fun!
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Old 02-12-2010, 07:33 AM   #52
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cheap beer?

Quote:
Originally Posted by GR8DANE View Post
Minstral Blue, good stuff! Please refrain from using the term "Blue" as the color wheel lawyers are itching for a fight...
how about cheap bourbon?
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Old 02-12-2010, 10:59 AM   #53
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SO what's your new Screen name gonna be Steve?? I never got the impression you were Wally, I wonder How they came up wiff that????
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Old 02-13-2010, 07:27 AM   #54
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Wrong Again

Quote:
Originally Posted by 62overlander View Post
I say this thread should be renamed to Bravo Ed you poked yourself in the eye again.
I seriously doubt he thought this is how it would proceed.
OK now I will fuel your fire again...........

I knew exactly how this this thread would run, I like you, are way too predicable.
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Old 02-13-2010, 07:30 AM   #55
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Quote:
Originally Posted by Ed Emerick View Post
OK now I will fuel your fire again...........

I knew exactly how this this thread would run, I like you, are way too predicable.
Suuurrrrrreeee you did.
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Old 02-13-2010, 08:46 AM   #56
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Quote:
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OK now I will fuel your fire again...........

I knew exactly how this this thread would run, I like you, are way too predicable.
I got you on the first take. That was far too concise not to have been tongue in cheek. You didn't add your usual flair to extrapulate. The irony was not wasted but rich. Besides which I have been following your posts and open letter that you posted on WBCCI forum and that was excellent, btw.
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