Sinister Diesel "Blue" It!

[kidturbo]

I guess Dave and I are going to have to paint our trucks another color now. :hehe:
But in all seriousness, they can only trademark a particular shade of the color, not the color itself. Then they have to show that the other parties are using that particular shade, too. I work for a company whose brown color is trademarked, but only that one shade of brown.

Exactly.. Can't believe they let that one out the door as written. Someones gonna get an anal toe probe pretty soon in the old trademark clerks office I'll bet. If found to be overreaching, existing mark gets cancelled.

My issue is, their metallic blue looks to be very close to illusion blueberry I've been rocking since early 2010. If so that color coating is only available thru one company. Be interesting to hear their comments.. I sure don't plan to stop my use, so maybe I should trademark one myself.

Somone board, help find me a post of their first metal flake blue.Forward 10yrs, all aftermarket diesel parts only be available in raw aluminum...

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[DAVe3283]

I guess Dave and I are going to have to paint our trucks another color now. :hehe:
But in all seriousness, they can only trademark a particular shade of the color, not the color itself. Then they have to show that the other parties are using that particular shade, too. I work for a company whose brown color is trademarked, but only that one shade of brown.

If they are going to pay for the paint job

Though I do like the Arrival Blue. That and the forest green they offered in 2003 are my favorite two colors to date. Well, excluding the Atomic Orange and yellow they only offered on the Corvette.

I hope someone brings them back to reality, though the drama is amusing from afar.

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[Ne-max]

This is what this industry is coming to. FML

 

[darkness]

Greenlee tools does the same thing. The color green is trademarked to them and can’t be used by anyone for material handling.

 

[kidturbo]

 

[Columbus450]

A week ago I just literally ordered from WC fab hot pipes and cold pipes/y bridge in illusion blueberry, These knuckleheads trying to claim the color blue is ridiculous, I don't see anybody stopping powder coating things blue

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[Utahski]

I've seen a lots of under hood blue and never ever, not even once,
thought of sinister diesel.

 

[kidturbo]

Good info, cause I'm likely gonna need some statements to such before this is done.

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[DAVe3283]

My underhood has everything powder coated metallic blue for many years now. I hadn't even heard of Sinister Diesel until this mess. The diesel company I always associated with blue is SoCal Diesel.

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[TheBac]

My underhood has everything powder coated metallic blue for many years now. I hadn't even heard of Sinister Diesel until this mess. The diesel company I always associated with blue is SoCal Diesel.

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I feel the same way. Guy has been "blue" since 2004. Ive had his sticker on my truck since 2005. "Blue trucks stick together!"


Sinister has no standing to say the color can only represent them, and would be defeated by anyone who wanted to fight it.

 

[kidturbo]

Ok in preparation for possibly filing a TM dispute I read all their application pages. This can be found here.

IF link above fails, just search by SN or Ref# 87840011

Then click TSDR button, then Documents to see all the records on file.

Couple things I noticed, the color on their "pipe" in the TM app docs doesn't match the color of example parts they listed. All examples are screenshots from their webpages. The pipe looks to be same as their logo, an closest to what Guy uses.

Second thing granted TM, "The color(s) blue is/are claimed as a feature of the mark."

Pretty certain the technical names of the powder coat colors in all their examples isn't know simply as blue... I actually saw what looks to be 2 different colors listed, plus a roll of blue hose...

Third, while they listed first use as 2009, I didn't see any example submitted to back that up.

Forth, "Design Search Code" was created by TM office and not submitted by SD. One word under that sparked my attention, even though left out in the SD filing description.

Site worth reading if anyone has / knows those being threatened. The FB response posted yesterday said they were attempting to stop cheap Chinese copies. So let them show what they have done to that extent. All I've seen is a mass mailing campaign to US companies so far.

I'm really curious if any of the big shops got letters, or if they are just picking on small shops to stir up shit.

 

[1FastBrick]

Thanks for posting that info Kid Turbo.

Sounds like there decision to go to China is biting them in them in the rear. I just looked around on Ebay.

There is a copy blue "High flow intake with EGR delete" which is likely the same product being sold for as low as $50 Which Sinister sells through it's network of dealers in the $300-$500 range

There is an SMR out of south carolina that has what looks like a copy selling for the same price as sinister but no where in there ad does it list sinister.

There is 1 or 2 other companies out there selling what looks like the same pipe in black for $159

 

[kidturbo]

I have no problem with anyone protecting their designs or IP. Most of SD parts have their logo laser etched on em, and have for long time. But after downloading and reading the complete filing, I gotta call BS..

Some examples they provided in TM app included parts in the blue from their website, and magazine adds, showing nothing more than a piece of plain blue silicone hose. I'm sorry, but neither I or anyone I know associates blue silicone hose with SD. Another example they used was a Ford injector with blue and white solenoid wires. Get freaking real guys. I bought plenty 6.0l Injectors with same color wires from my FMCO dealer buddy..

Then I like CEO statement 5 & 6 in attached page on how expensive it is to make blue, and when anyone opens a hood and sees blue, they automatically think of SD. No, most people I know think WCF on intake parts. I mean total BS statements given under oath. California has some good weed, but damn guys, change strains for a bit maybe...

Then I went onto WaybackMachine on the old interweb and looked over their logo color history. They've used red like PPE and dang near every other west coast shop for the longest period of time. Up until just a few years ago actually, selling parts under their sister company, mkmcustoms.com website. And majority of parts built or sold back in 2009 when they claim to came up with this blue idea, were all in painted BLACK. Someone find me a blue coated turbo housing pic from them prior to my posts in summer 2010.

As another piece of evidence they submitted screenshot of a loaded FB poll few months back asking which color you think most related to SD. Options, red or blue. 3% said red, and they actually made fun of those who chose red in a comment reply.. While their Dodge related adverting was always in RED, and still is on MKM site...

So if they wanta to claim special TM on parts coated a specific blue AND including their logo on it, more power too em. But to claim anything blue for diesel engine is exclusive to them, over my dead body... And don't even get me started on their India use of "A industry leading manufacture" Or "#1 in aftermarket parts" claims. Ya all gonna need to prove that statement by some metrics if I have my way about it.

And I don't seek a special exemption letter in exchange for not pursing a TM dispute. I want to see this one corrected. For now I'll be sporting and passing out all the free Fck SD shirts I can afford at PRI. Someone draw me a fitting Clavin sticker design PLEASE. I'm kinda busy building all BLUE engines for customers.

 

[1FastBrick]

I live in California and I associate the color Blue in relation to Diesel with SoCal Diesel which opened 6/6/06.

If your talking Gas products, NOS Nitrous Oxide Systems. They Pre date Everyone back to the 70's

Several companies Use Blue on their products Predating sinister and it looks like the backlash from the letters is really hurting them. :thumb:

The Didn't get the official patent until 11/20/18 and already had to release an apology the very next day. :rofl::roflmao:

I did find that court case though about the Air resource boaard.https://www.arb.ca.gov/enf/casesett/sinister.htm

 

[kidturbo]

Certainly agree on SoCal and NOS, to name a few manufactures predating Sinister in the aftermarket. I was a NOS dealer late 80's thu 90's, and owned all their promo gear. Had to laugh when I watched Day's of Thunder movie once again last week. In the final Dayton race scenes, I can be seen standing right of checkered flag, wearing my blue on "pink" NOS hat. :spit:

So yes certain blue colors are easily associated with certain brands. An I applaud any company who sticks with a specific color over decades to help identify their products. But to claim a whole 1/5 of the visual light spectrum as your private domain for anything imaginable truck related is just a bit "Overreaching" as best I can describe.

As you mentioned, they received the TM on one day, started sending out nasty letters the next. Well luckily that act caught some attention. And the online feedback goes a long ways towards showing how a single publication note in a TM published journal, doesn't cut it for notifying the public as of the 30 days for comments or opposition, as listed in their ass kissing reply above.. Anyone see it posted on any Sinister owned pages or articles prior being granted the TM ???

I seriously hope they will just surrender the TM and issue apologizes. Then clarify their TM details and refile. But until then, "offer no quarter" should be the approach taken by anyone that might be effected by this attempted grab on the market. Some find it funny, and SD might be betting the heat will die off quickly. But to others like myself, it's not a bit funny...

 

[2004LB7]

Can't wait until they go after Walmart for their blue