AirstreamForums.com Member Sticker?

[davidz71]

I posted a note a number of months ago asking about the sticker but I think it was posted under the title of bumper sticker? or something like that. I'm also wondering what happened to the idea because I'm ready to order a few of those bad boys!

[smily]

There was number of items for sale at one time and a link to the "shop". I wonder what happened to that?



smily

[Andy R]

Airstream Inc. contacted the vendor that was going to sell the stickers and told them it was an infringement on Airstream's trademark.

I don't know if we are really infringing or not. The US Patent & Trademark Office has 34 listings of trademarks with the word airsream in it.

I don't know much about trademark law and do not want to spend a bunch of money on a lawyer. Do we have any members that are trademark attorney that could give us an opinion on this? I have purchased some other domain names just in case their claim is true.

I have also been talking to Tim Champ @ Airstream Inc. and we might be able to license the use of their name in our domain.

I'd rather be working on my Bambi. since moving to Dallas from Colorado she's been stored waiting for me to finish her up...

Andy

[Silvertwinkie]

I'm no lawyer, but I'd have to say this.....

The Airstreamforums is a great place for folks of similar interests to meet, discuss and hang out.

It makes no representation to be connected in any way to Airstream Inc of Jackson Center, OH or it's parent company, Thor Inc.

I feel that this being a not for profit forum, that it could only hurt Airstream's place in the community by trying to "go after" it. Of course, if products were to be sold, fees charged for participation, or if the trademark and/or images of said products were to be copied/used without proper authorization, I could see the company's point.... but I could hardly see a reason to buy alternate domains.

Take a look at some of the other forums out there. ImpalsSS forum, Corvette forum, Mustangforums. None of these to date have been challenged by GM or Ford as it promotes in good faith the products these companies sell. One would think that Airstream would pay you for doing such a great job of extending the interest of their product lines of past, present and future models.

Just my .02

Eric

[idahosafari]

Originally posted by Organic Hosting
Airstream Inc. contacted the vendor that was going to sell the stickers and told them it was an infringement on Airstream's trademark.

I don't know if we are really infringing or not. The US Patent & Trademark Office has 34 listings of trademarks with the word airsream in it.

I just went through this with a new product I introduced a couple of years ago, so maybe I can share what I learned.

The US Patent & Trademark Office sets up categories (they call them classes) so that a name can be used by several companies. For example, Airstream can be used to identify an RV, but it can also be used to identify a cellular phone company's service. There's no problem with that because the consumer is not likely to confuse the two companies, even though they label their product or service the same.

There could be some confusion with AirstreamForums.com though. A consumer might think AirstreamForums.com is affiliated with Airstream Inc. On this forum that is not really a problem, because the phrase "AirstreamForums.com is not sponsored by or affiliated in any way with Airstream, Inc. in Jackson Center, OH" is on the bottom of the page. So you've made it clear the two organizations are different, and that's what the US Patent & Trademark Office likes to see.

However, on a sticker, that phrase is not mentioned, and even if it was, stickers are designed to be viewed quickly from far away. It wouldn't be reasonable to put the "AirstreamForums.com is not sponsored by or affiliated in any way with Airstream, Inc. in Jackson Center, OH" phrase on the bottom of the sticker.

I doubt Airstream, Inc. has any bad feelings about this site. They probably like it very much! It's just that if they don't defend their trademark, then others will come along and infringe upon it, selling Airstream underwear and other such things that reflect poorly on Airstream, Inc.

Airstream, Inc. would be powerless to stop it.

In short, if Airstream, Inc. lets you do as you please with their trademark without putting up a legal battle, then others will want to do the same, and Airstream will lose control of their name. (which is probably worth millions of $$$)

If Airstream is willing to license their name to you, that is a good sign that they like AirstreamForums.com!!

Licensing the Airstream name to you for your sticker is probably not seen as a way for Airstream, Inc. to make a bunch of money, but rather is way for them to have some control over what you do. They could revoke your license if something like "AirstreamForums.com" was plastered over an image of a naked lady).

Hope that makes sense, and Best Wishes!

- Charlie

[Andy R]

That helps Charlie, thanks.

The only reason to switch domains would be to remain free to develop new features. I have some really cool ideas about integrating some features that could really enhance the content of this site. for instance, I have purchased a software that will allow us to have a member review section. We can review parts (break controllers, hitches, etc), trailers, campgrounds and even dealerships. They might not like that idea. They might not want users to publish any negative info on dealers. I have lots of other ideas...

There is a little money that can be made from advertising. I'd rather not clutter up the interfaces, but some limited ads can generate some cash to buy treats for forums rally's and pay the monthly fee for colocating the server, software maintenance, etc.

I just seems crazy, think about all the sites with airstream in the domains. AirstreamTrailers.com, AirstreamDreams.com, AirstreamCentral.com, AirstreamPark.com, etc...

If we are violating a trademark, we need to make it right.

[jaco]

Idaho Charlie I think that is a perfectly logical reply.

I disagree only in one area and it is only a hunch on my part.
I think Airstream Inc. does (or should) resent the name of this organization. Not that they mind the use the word "Airstream" as much as the word "Forums" . I say this because they have now started their own (dismal) forums. They used a horrible software interface and (I think they should switch to this same one ASAP). So this forum not only competes with theirs but soundly outpaces it. With Airstream Central on the ropes if not dead, and the VAC and Hunter's lists being only minor players with very very mundane aesthetics, Andy is the only real visable & glitzy challenger.

If I were a wheel at Thor I would allow us to continue with a name something like"Independent Airstream Alliance" or "Non -Affiliated Airstream Owners Club" and I would claim use of the term Airstream Forums for the company.

Not saying I hope it happens just saying what I would force if I were them. It really should not make one bit of difference here as long as the crowds were coming this way.

[uwe]

Charlie,
You hit the nail on the head. This is precisely what Airstream's legal team is going for.
I get threatend by competing firms attorneys ( usually clueless idiots, really)
once a month. A total waste of time, from my view.
But I do understand the trademark protection issue, where it is important and valid. Problem is, the lawyears involved usually do not do their homework, and waste MY time with letters, threads and calls. Like I really want to be associated with the firms they are working for.....NOT.
Airstream would be likely to license the sticker, if someone called them and explained. There shoul dbe noe fee, just a license agreement, ona specific design.

[idahosafari]

Originally posted by jaco
If I were a wheel at Thor I would allow us to continue with a name something like"Independent Airstream Alliance" or "Non -Affiliated Airstream Owners Club" and I would claim use of the term Airstream Forums for the company.

Not saying I hope it happens just saying what I would force if I were them. It really should not make one bit of difference here as long as the crowds were coming this way.

If I were at the wheel at Thor, I would make Andy an offer he couldn't refuse (maybe a new Classic!) in exchange for the ownership of this forum, and then hire Andy to keep it maintained.

- Charlie

[Silvertwinky]

I'm not a lawyer or an expert here but I've found this web site to be very informitive if you have questions about the law and the internet.

It has been a help with questions I've had as a web master.

www.keytlaw.com

[aluminauts]

I just noticed on the forum pages the disclaimer about non affiliation.
Not that I am trying to open up rehashed old threads, BUT
What if this phrase

“AirstreamForums.com is not sponsored by
or affiliated in any way with Airstream, Inc.
in Jackson Center, OH.”

Or

“… is in no way affiliated with Thor Industries
or Airstream, Inc. in Jackson Center, OH”

was added to the bottom of the chosen sticker. About one half an inch or so below “anything useful”. Sort of like a footnote or bottom frame. Perforations could also help it “stay” distinct and “separate” form the main design field.

Could this be one way around AS headquarters’ objection to the forum sticker?

[Silvertwinkie]

Interesting in the end to see how this all panned out.