1972 Plymouth Cuda Pro Stock Don Carlton by Ertl. This car was originally named Motown Missile but was latter renamed the Mopar Missile due to Motown Records threatening to sue over the name Motown. While I doubt Motown would have had much of a case the Mopar Missile was a cool name as well.
Not much of a case? Considering Berry Gordy trademarked the name "Motown" all over the world, I'd say his ability to defend the trademark was quite robust.
Still, what I've learned from my business experience is that when it comes to lawsuits, there is never a guarantee of winning. However, considering the name "Motown" has been trademarked by Berry Gordy around the world, I'd wager he'd easily win that battle.
My understanding is that Gordy was very protective of the Motown trademark brand. Other companies renowned for aggressively protecting their names and trademarks are Ferrari and Rolls-Royce.
Trademarks are only as protected as the resources and the financial ability of the holder to defend them. Berry Gordy had the bucks to defend his trademarks. I'm betting significantly deeper pockets than drag racer Don Carlton. Given that reality, Carlton was wise to change the name. It would have been easier than trying to go against the financial juggernaut of Motown Records.
Sadly, in 1977, Don Carlton died in a testing crash in Michigan.
"While I doubt Motown would have had much of a case....."
Many would disagree with that statement especially when you consider Berry Gordy aggressively ran Motown like a battleship - at war! Numerous publications have noted his "dark side" and ruthless business practices; there's not much Gordy ignored or "let slide."
Any threats of impending litigation were well researched to ensure defendants would not dismiss any communication as "idle threats" - as was the case here. It was far less costly and much easier to bust out the paint rather than to file into court. 😏
...good looking set up though! You are truly the king of ramp trucks! 😎
I still think it is doubtful that Motown Records would have been successful in a lawsuit over the name Motown Missile, Toyota failed in their attempt to stop Lexus Development Inc. from using the name Lexus and before that Lexis-Nexus I think the name is tried to sue Toyota from using the name Lexus and also failed. As in the lawsuit below Motown Records and the Motown Missile operate in different industries, which reduces the likelihood of public confusion.
The Motown Missile also was not identical or even close to the Motown Records logos they used. But we will never know as Mopar did not feel it was worth the fight and using the name Mopar Missile made the name more official within Mopar (Chrysler Corporation). The Motown Missile was after all the factory backed car for testing and development work.
Toyota strikes out in bid to prevent use of Lexus in third-party domain names: Toyota Motor Sales, U.S.A., Inc. v. Tabari
Overview of the Trademark Dispute
Lexus Development Inc., a real estate company based in Fargo, is involved in a legal battle with Toyota Motor Sales, U.S.A. Inc. over the use of the name "Lexus." The dispute centers on trademark infringement claims made by Toyota, which argues that Lexus Development's use of the name dilutes its brand and causes confusion among consumers.
Key Details of the Lawsuit
Background
- Lexus Development has been operating under its name since 1998 and has constructed several notable commercial buildings in Fargo.
- Toyota claims that the name "Lexus" is a registered trademark for its luxury automobile line, which began in 1989.
Legal Proceedings
- The lawsuit was initiated after Toyota sent a letter to Lexus Development in December 2000, demanding that they cease using the name.
- The Trademark Trial and Appeal Board ruled that the two companies operate in different industries, which reduces the likelihood of public confusion.
Just for the record the owner/engine builder was Ted Spehar, also involved from Chrysler was factory engineer Tom Hoover, and the driver was Don Carlton. Carlton ultimately took over the team. The car was the development car for Chrysler and once parts were designed and tested were then made available to other teams like Sox & Martin. Chrysler put a lot of money into development work on the car.
In late 1971 Mopar went to NHRA to inquire about a full tube chassis and was told absolutely NOT. So the team went to work using OEM front unibody frame rails, modified K frame, rack and rack and pinion steering along with other improvements building the most advanced Motown Missile to date. They go to the 1972 Winter Nationals and Bill Jenkins shows up with a full tube chassis Vega. Just like that the most advanced Motown Missile ever built was obsolete the minute it was rolled off the hauler.
As I said, trademarks are only as good as the company that holds them, and it has the financial resources to defend them. Unlike your other examples, it was unlikely that drag racer Don Carlton had the financial resources necessary to go against Berry Gordy, who already had a trademark on the name, Motown.
BTW, and in support of the financial resources challenge trademarks, I found this. "The trademark application by Lexus Development was denied/abandoned after opposition by Toyota, at least per USPTO records. That means they did not succeed in obtaining a registered trademark for "Lexus Development Company."
FYI, it's also kind of interesting that you posted a record with the name "Eddie Holland." Eddie and his brother Brian, of "Holland-Dozier-Holland" Motown fame, were songwriters of all of The Supremes' songs and many other Motown stars. Eddie and Brian are my cousins. Small world, 'eh? LOL!



