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Thread: I wonder how Aero feels about this.

  1. #1
    One Too Many
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    I wonder how Aero feels about this.




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    "The Few" offers an "Aero Leather" A2 design.
    Are they paying royalties to Aero Leather, Scotland?

    http://www.thefewmfg.com/details.cgi...Cbr%3E_2011_12

    GoodWear Leather also offers the "Aero" contract design, (and for a much better price!) but changed the name to "Acme" as they are careful to note on their web site;

    "We chose the company name Acme Leather Clothing Co. We do not have rights to the original name, and wanted to create a name that is close, and still has the spirit of the 1940s."

    http://www.goodwearleather.com/pages/a2_acme18775.html

    Not an attorney here....aren't there international trademark/naming laws that "The Few" is breaking?

  2. #2
    I'll Lock Up ButteMT61's Avatar
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    More interesting is the red thread. I know about the red liners, but never saw/heard about the red stitching. Aero can worry about the name

  3. #3
    I'll Lock Up Maj.Nick Danger's Avatar
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    Some nice looking leather, but 178,500 yen converts to $2,136.645!!
    ~ Quantum mechanics: The dreams stuff is made of. ~

  4. #4
    One of the Regulars
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    I don't believe that "Aero Leather Clothing Ltd" of Galashiels, Scotland owns the rights to "Aero Leather Clothing Co." of Beacon NY (long defunct contract supplier with a name that I would have assumed had entered the public domain).

  5. #5
    Incurably Addicted Edward's Avatar
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    Use of the "Aero" name (or any other) is a matter of trademark law. This varies internationally, but as a general rule, you have registered marks and unregistered marks. Registetred marks attract greater protection but there is a regular registration fee and typically, if memory serves, also a requirement that the mark be registered in good faith (i.e. for use rather than to block someone else from using it). Unregistered marks rely for their legal standing entirely upon "goodwill" - i.e. market awareness and associations with the marks. Aero as they exist now did not acquire the name from the original company, they just assumed use of a mark that had been defunct for many years (as they were entitled to by law - the same, I believe, happened with their use of the Highwayman brand, originally a model name for someone else (Lewis, maybe?) who had been defunct for a long time). Potentially as the current holder of the mark, the existing Aero company could try to enforce it, though given the context in which it is being used by these others, I'm not sure whether they would have much chance of success - at least in enforcing a favourable decision outside Europe. IMO they're doing the sensible thing - just getting on with producing what they do and holding their own in the market. Legal niceties aside, it seems to me that at this level of specialisation and price, your typical A2 buyer will know exactly what they are getting and paying for, and won't be buying either RM or Goodwear mistaking it for Aero of Scotland.
    If in doubt - overdress.

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  6. #6
    Practically Family Aerojoe's Avatar
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    If I'm not mistaken, original contractor Aero was a company from Beacon, NY during 1930s and 40s. Aero from Scotland it's a different business started in the 1970s. They can legally take the brand if not registered in the UK unless there was any kind of agreement between UK - USA regarding trade marks. However, I'm pretty sure there is no such extension. You need to register your TM in each country one by one. That's what big brands do. Coke is registered TM in my country, in France, Germany...

  7. #7
    I'll Lock Up HoosierDaddy's Avatar
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    Evidentally Aero (Scotland) does have 'rights' to the Aero name and label..since they went through this with Eastman several years ago..who began making Aero pattern A-2s and using the Aero label. After Aero's (Ken Calder's)objection..Eastman quit using those labels. Also Goodwear checked Aero (Scotland) 'rights' and decided they must use Acme labels rather than Aero. It's my understanding that Aero pays a fee periodically to keep those 'rights' instituted. If I remember correctly...some of the Asian market doesn't recognise many trademark 'rights'....or pays a fee in some cases to use(rent?) the same labels.
    HD

  8. #8
    Incurably Addicted Edward's Avatar
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    Quote Originally Posted by HoosierDaddy View Post
    Evidentally Aero (Scotland) does have 'rights' to the Aero name and label..since they went through this with Eastman several years ago..who began making Aero pattern A-2s and using the Aero label. After Aero's (Ken Calder's)objection..Eastman quit using those labels. Also Goodwear checked Aero (Scotland) 'rights' and decided they must use Acme labels rather than Aero. It's my understanding that Aero pays a fee periodically to keep those 'rights' instituted. If I remember correctly...some of the Asian market doesn't recognise many trademark 'rights'....or pays a fee in some cases to use(rent?) the same labels.
    HD
    Sounds like they've registered it as a TM in the UK then. Would make sense too given the nature and size of the market if they could enforce it against Eastman. Japan is a whole different ballgame when it comes to trademarks, and most likely Aero aren't registered there.
    If in doubt - overdress.

    Vivienne Westwood

  9. #9
    Practically Family Aerojoe's Avatar
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    Quote Originally Posted by Edward View Post
    Sounds like they've registered it as a TM in the UK then. Would make sense too given the nature and size of the market if they could enforce it against Eastman.
    Absolutely. Aero can claim rights to ELC because both business are in the UK. What I think is that Aero registered a TM in the USA too, since they have a branch or a retailer in the States. The company fulll name is "Aero Leather Clothing Ltd";

    http://www.aeroleatherclothing.com/terms.php

    but in their military labels they put "Aero Leather Clo Co. Beacon NY".



    Goodwear on the other hand has to rename their Aero replicas as "Acme" because;

    We have chosen the name "Acme Leather" as we don't own the rights to Aero, and it has a vintage sound to it, while being close to Aero.

    http://www.goodwearleather.com/pages/a2_acme16160.html
    Therefore, it is probably that the current Aero company registered a TM in the USA. You can buy all TM and patents of a dead business. Chinese do this all over the world.

  10. #10
    One of the Regulars
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    I believe Aero did aquire the use of the Aero Beacon name legally, and from talking to Will at Aero many companies ask if they can use the Aero name (one being Morgan cars), Will told me that if they ask nicely he usually has no objections, however if people just use it without consent to capitalise on the name that is a different matter, I think Will does not like getting into long protracted legal battles(like most of us!) and he is a very reasonable man!

    D

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