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RE: Toy Trucks II, Trademark Clarification



List Members,

Since I am in contact directly with the legal counsel that controls the 
trademarks I can clear this up. Howard's version is accurate, but I want to 
clarify that Navistar owns the trademark International but doesn't own the 
IH. However they have licensing rights to the IH when it is related to 
trucks, i.e. if you want to use it where it is a CLEARLY stated truck 
application, Navistar would give you permission. If you just use the IH and 
don't put the words trucks or Scout for example with the IH trademark, it 
then falls under Case Corporations jurisdiction.
I have several mid 40's binders that have the IH logo with "Harvester" 
underneath it but have never noticed it in any advertising or any other 
materials.
Regarding non International trucks with Case-IH tractor sets, nothing was 
written in the agreement that stated that Case-IH toys would use 
International trucks. There are several Ertl & (other brand toys) 
International trucks that are available. I think that Ertl has tooling on 
the other trucks and it is easier to just crank them out as-is than 
re-license & re-tool for a new truck.  I don't think the manufacturers 
would care whether they were packaged together.

-Scott Satterlund
  Binder Books
  Tigard, Oregon

Short version of what I've heard about the names:Case owns the IH logo,
the International Harvester trademark, and the International trademark as
related to farm equipment.  Navistar owns the trademark International for
trucks and can also use IH where it's historically accurate, as in
authorizing it on toy trucks where it was originally used.  Case has been
using both Case and International on their tractors, although I've heard
they are now dropping the International.  I don't understand any logos
with just Harvester as I don't recall any use of that by itself in the
past.

I've wondered about the reason for the non-International trucks in the
toy sets, but it may be that the agreements with KW or Ford make it
easier for Ertl to package them that way than to coordinate with both
Case and Navistar.  Or perhaps, Case and/or Navistar intend to distance
themselves from each other in this area and won't allow the sets to be
packaged with both Internationals.  You wouldn't have seen a Ford shop
truck at an IH dealer until after 1975 when there were no more IH
pickups.





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