I-Con Versus IQon: Another Copyright Battle Brewing?
I’ve dispatched one of TTAC’s writers to get to the bottom of the copyright fight that’s surrounding Chrysler’s “Imported From Detroit” tagline, as Reuters reports that Chrysler’s claim to the line may not actually hold up.
[Moda’s] attorney, John VanOphem, said Chrysler cannot trademark the phrase because it is “merely descriptive.”
“Our position is that Chrysler is trying to claim ownership of something it doesn’t have a right to own,” VanOphem said. “They do not own any exclusive rights to the ‘Imported from Detroit’ phrase.”Chrysler applied to trademark the slogan for use on clothing, bags and other wearable items in January. An attorney for Pure Detroit said the company did not start selling the T-shirts until after the ad aired in early February.
But the attorney, John VanOphem, said Chrysler cannot trademark the phrase because it is “merely descriptive.”
“Our position is that Chrysler is trying to claim ownership of something it doesn’t have a right to own,” VanOphem said. “They do not own any exclusive rights to the ‘Imported from Detroit’ phrase.”
Meanwhile, another battle over automotive copyrights may yet be brewing: Saab has introduced its own answer to SYNC and Onstar, named IQon, a term which may be in conflict with Nissan’s display technology used in the Juke, named I-Con. Hit the jump to see a video of the Nissan system in action, and let us know if you think Saab is going to have to come up with a new name, or if copyright law will let both of these naems coexist.
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I'm giving the nod to Saab for this, if only because the Nissan demo is a minute of someone saying "look: shiny thing!"
Trademark, not copyright. There's a big difference. Chrysler doesn't want other companies using their catch phrase to make money. If they don't defend their trademark, they will lose it. See also the story on Ferrari using F150 - Ford stepped up to defend their trademark. Copyright is automatic, and doesn't need to be defended. You don't lose copyright on your work if you fail to defend your copyright.