{Stus-List} Photo Album Update

Peter Deppisch peter.deppisch at sympatico.ca
Wed Sep 7 12:27:25 EDT 2011


Hi,
Yup and also maybe a cash infusion and some good words!  
Cheers,
Peter
S/V Tangerine
C&C35 MK II
Lion's Head, Ontario 


From: fredhazzard at spiritone.com
To: cnc-list at cnc-list.com
Date: Wed, 7 Sep 2011 09:21:31 -0700
Subject: Re: {Stus-List} Photo Album Update
















 

It would seem to me that $1.00 /year and a signed agreement
would also show the intent to protect the trademark.  

 

Fred Hazzard

S/V Fury

C&C 44

 





From:
cnc-list-bounces at cnc-list.com [mailto:cnc-list-bounces at cnc-list.com] On
Behalf Of Stu

Sent: Wednesday, September 07, 2011 7:16 AM

To: C&C Email List

Subject: {Stus-List} Photo Album Update





 



Back
in July, I received an email from a Mr. Kevin Schadick, who is a lawyer
representing CTS Sailing, LLC and it's owner a Mr. Steve Malbasa.  CTS
Sailing is the new owner of C&C Yachts, Tartan, Legacy and other boats. I
also had the opportunity to speak to Mr. Malbasa personally on the phone.





 





Basically,
what the new company wants is for me (the C&C Photo Album) to sign and pay
for an annual License Agreement to use the C&C Logo on the Photo Album site
and be able to sell various items on the site.





 





Here
are parts of the emails I have received:





 





It
has come to our attention that you are using at least one of the trademarks
with the

permission of Timothy Jackett to promote your website and sell certain

merchandise.  While the previous owner did not take a proactive approach

to enforcement, the current owner would like to make sure that any

groups or clubs using any of the trademarks have a proper license in

place so as to ensure that the trademarks remain protected.  This

process with existing and approved users of the trademarks is not meant

to be unduly burdensome, however it is important that a license

agreement is executed.





With
many of the existing users of the trademarks there will simply be a nominal

annual fee for continued use.  Unfortunately, your case is slightly
different in that 





you
are selling merchandise.  The goal is not to make your fee exorbitant, but

there needs to be a balance from what we charge those using the marks

simply to promote a club versus anyone who might be profiting from the

use of the trademarks.





 





Additionally,
the comments you have made about the support you have

given C&C Yacht owners are well-taken.  CTS Sailing is beginning the

arduous and difficult task of revitalizing the image and brands of both

C&C and Tartan.  The previous owners did a lot of damage that Mr.

Malbasa is attempting to correct and there are many hurdles to overcome.





We
are currently looking into making sure everyone who is using the trademarks is 





authorized
to do so.  The obviously place that Mr. Malbasa has started his compliance






search
is with the listing of owner homepages that were linked on the Tartan and

C&C websites by the previous ownership.  





 





When
I spoke to Malbasa, he indicated that it may be possible for C&C Yachts to
make a financial





contribution
to the Photo Album in an equivalent amount to the licensing fee but that would
be





looked
at in the future and is not part of the license agreement.





 





 





Today's
email contained the license agreement from Mr. Schadick and the fee of $100.00 annually.





 





I
am not looking for financial support to pay for this fee, I just wanted to let
everyone know what the





new
owners of C&C are doing.  If you have a homepage on the internet and
are using the C&C logo, 





it
might be a good time to remove it.





 





Stu





 





 





 





 









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