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Old 01-26-2019, 07:11 AM   #1
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Different Escape Trailer

https://www.cnn.com/travel/article/t...rvs/index.html
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Old 01-26-2019, 08:27 AM   #2
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Escape Trailer Industries vs Escape Traveler? First thing that came to mind was is this a trademark issue? I've no idea how that works, particularly when they're in two different countries.
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Old 01-26-2019, 08:43 AM   #3
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Escape is a word in the dictionary. No one would ever be able to claim a copyright or trademark for just the one word. However, using the word in a brand, a copyright can be claimed based on how it 'looks,' but not the word itself. And, any associated tagline or slogan using the word can be trademarked. I'm not an Intellectual Property attorney, not did I sleep at a motel last night
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Old 01-26-2019, 08:59 AM   #4
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The Escape Traveler factory is located about 60 miles South of our residence
We are experiencing a period of cold weather ( -20 to-30 deg below zero) but as soon as temperatures moderate a little we plan on viewing the factory / trailers .
The layout looks intriguing!

Thanks for the heads up !!
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Old 01-26-2019, 09:04 AM   #5
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Quote:
Originally Posted by Donna D. View Post
Escape is a word in the dictionary. No one would ever be able to claim a copyright or trademark for just the one word. However, using the word in a brand, a copyright can be claimed based on how it 'looks,' but not the word itself. And, any associated tagline or slogan using the word can be trademarked. I'm not an Intellectual Property attorney, not did I sleep at a motel last night
Me thinks "Apple" did it, but it includes the symbol....I see where some companies have started printing and stating " not affiliated with......." as a means of getting around confusing one with another.
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Old 01-26-2019, 09:31 AM   #6
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I remember Apple Computers having a conflict with Apple Records, the Beatles label. Since the two companies were initially in different industries there was no confusion and no problem. But when Apple Computers started selling music via iTunes there was some legal action taken. I don't recall the details, but some kind of settlement was reached. Since then Apple Computers has dropped "Computers" from its name in an unrelated move.

Similarly, Hormel didn't fuss when the term "spam" became used regarding email, because it clearly didn't refer to luncheon meat.

I would think that since both entities here make travel trailers, there might be a conflict. But I'm not a lawyer so I don't know.
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Old 01-26-2019, 09:54 AM   #7
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I do not think that this new company is making trailers in the rv sense, more like mobile homes than can be moved, but definitely not towable by most vehicles due to their weight.
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Old 01-26-2019, 10:09 AM   #8
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The spec's on the Vista is 8'5" wide x 26' long'X 10'6" high with weight starting at 7600# depending on options, definitely not a weekender nor cross country traveler nor towable by a regular pick up truck. Nice to leave on a lot someplace and visit on the weekends though.
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Old 01-26-2019, 10:32 AM   #9
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Well, they're certainly marketing it towards the "RV Industry" with statements like "The Vista towable RV from Escape .... " and "it complies with safety standards and is street-legal coast-to-coast". That said, I agree with Jim in that it looks more like something you would set up on your vacation lot. Of course, then I look out at my neighbor's 40+' Lakota travel/horse trailer which he pulls with a fully decked out Freightliner, and think ... why not?
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Old 01-26-2019, 10:37 AM   #10
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Did you notice where it's RVIA certified? That non-government association is a joke.
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Old 01-26-2019, 03:34 PM   #11
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They did atleast one thing right...a mini-split A/C
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Old 01-26-2019, 03:59 PM   #12
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A word certainly can be trademarked (both in Canada and in the U.S.) in a specific business context. The Apple example is good: no one else can use "Apple" for computers because Apple Computer has the trademark, but of course the word "apple" to describe the fruit is not under any company's control.

The same word can be trademarked by many people or businesses, for different purposes which do not cause confusion. The original Escape trailer design was derived from the Surfside (by Triple E), which in turn was a variant of the Trillium. When an ex-Trillium employee revived the name and design for a new company a few years ago there was some debate over whether is was the "true" Trillium company, or whether he could use the name, so I looked it up: the trademark for Trillium trailers had expired in Canada, and never existed in the U.S., so he was free to use it... and there were many other trademarks of the word "Trillium", plus of course it is the name of a flower. Reace and Tammy avoided potential conflict by picking a new name, rather than "Trillium" (or "Surfside").

According to the US Patent and Trademark Office's search tool there are have been over two thousand word marks containing the word "escape", hundreds are still live, and dozens are the single word. They are for manufactured housing, air rifles, laundry detergent, disposable hair wipes (?), hot tubs, screen doors, mobile phones, speakers, vapourizers, charcoal, eyeglasses, watches, carrying bags, boats, projection equipment, surgical apparatus, pillows, foam cups, clothing, toys, fireplaces, ceiling fans, guitars, floor mats, fishing poles, cars (the Ford Escape), card games, toiletries, ...
Some are associated with a graphic, but some are just a wordmark.

The most common confusion with the name "Escape" in RVs is with the line of K-Z trailers; for that, K-Z has registered the wordmark as "SPREE ESCAPE". K-Z registered this for "Recreational vehicles, namely, travel trailers and toy hauler travel trailers", so the extra word is critical to avoiding a conflict with Escape Trailer Industries. Since they first used in 2011, they would not have been able to establish that just the word "Escape" was theirs in that context, so the inclusion of "spree" isn't surprising.

The "tiny homes" company might be the one that registered "ESCAPE", serial 86210835, for "Manufactured housing, namely, transportable homes". My guess is that would not be a direct conflict with Escape Trailer Industries, but it could be argued that there is potential for consumer confusion, and as already discussed they do seem to be pushing into the RV market; the featured Vista model has no tanks (like a transportable house), but tanks are optional (making it a potential - but really lousy - travel trailer).


I think a lesson from this is that if you want your product to have a truly unique name, you need to create a word, not use an existing one.
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Old 01-26-2019, 06:52 PM   #13
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They did atleast one thing right...a mini-split A/C
Yes they did. I agree that it's not a weekend camper to take down the road, but the beauty and design are admirable. Maybe when the Escape 25 comes out it will break out of the mold and introduce some wow elements.
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Old 01-26-2019, 08:43 PM   #14
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Karma: I was baffled when Radio Shack sued Auto Shack on the basis that people might confuse an auto parts store with their electronic's store, but they won. So Auto Shack had to change their name, and they changed it to Auto Zone. Some 20 years later, Radio Shack introduced their "Power Zone" brand of batteries, and guess who sued them? Yup, Auto Zone. What goes around comes around....
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