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01-26-2019, 07:11 AM
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#1
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Senior Member
Join Date: Mar 2013
Location: n/a, Texas
Trailer: Escape
Posts: 720
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Different Escape Trailer
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01-26-2019, 08:27 AM
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#2
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Site Team
Join Date: Jun 2014
Location: Canyon Lake, Texas
Trailer: 2015 19 "Past Tents", 2021 F150 Lariat 2.7L EB
Posts: 10,222
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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.
__________________
"You can't buy happiness, but you can buy an RV. And that is pretty close."
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01-26-2019, 08:43 AM
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#3
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Site Team
Join Date: Nov 2008
Location: Portland, Oregon
Trailer: 2014 Escape 5.0 TA
Posts: 11,023
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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
__________________
Donna D.
Ten Forward
2014 Escape 5.0TA
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01-26-2019, 08:59 AM
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#4
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Senior Member
Join Date: Mar 2013
Location: North of Danbury, Wisconsin
Trailer: 2018 Escape 21C
Posts: 3,033
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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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01-26-2019, 09:04 AM
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#5
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Senior Member
Join Date: Jun 2010
Location: Central, Pennsylvania
Trailer: Escape#5 2022 E19
Posts: 26,268
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Quote:
Originally Posted by Donna D.
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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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.
__________________
Jim
Sometime life gets in the way of living.......
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01-26-2019, 09:31 AM
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#6
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Senior Member
Join Date: Feb 2013
Location: Santa Rosa County, Florida
Trailer: 2014 Escape 21 Tow: 2024 Toyota Tundra
Posts: 3,097
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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.
__________________
Mike Lewis
She don't lie, she don't lie, she don't lie-- propane
Photos and travelogues here: mikelewisimages.com
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01-26-2019, 09:54 AM
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#7
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Senior Member
Join Date: Jun 2010
Location: Central, Pennsylvania
Trailer: Escape#5 2022 E19
Posts: 26,268
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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.
__________________
Jim
Sometime life gets in the way of living.......
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01-26-2019, 10:09 AM
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#8
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Senior Member
Join Date: Jun 2010
Location: Central, Pennsylvania
Trailer: Escape#5 2022 E19
Posts: 26,268
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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.
__________________
Jim
Sometime life gets in the way of living.......
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01-26-2019, 10:32 AM
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#9
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Senior Member
Join Date: Jun 2013
Location: Felton, California
Trailer: 2018 21' ; 2014 19' (Sold)
Posts: 1,301
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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?
__________________
Jan
We do not remember days, we remember moments.
- Cesare Pavese
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01-26-2019, 10:37 AM
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#10
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Site Team
Join Date: Nov 2008
Location: Portland, Oregon
Trailer: 2014 Escape 5.0 TA
Posts: 11,023
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Did you notice where it's RVIA certified? That non-government association is a joke.
__________________
Donna D.
Ten Forward
2014 Escape 5.0TA
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01-26-2019, 03:34 PM
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#11
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Senior Member
Join Date: Mar 2016
Location: Burlington Twp., New Jersey
Trailer: 2010 Escape 19
Posts: 7,123
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They did atleast one thing right...a mini-split A/C
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01-26-2019, 03:59 PM
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#12
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Senior Member
Join Date: Dec 2012
Location: Edmonton, Alberta
Trailer: 1979 Boler B1700
Posts: 14,935
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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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01-26-2019, 06:52 PM
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#13
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Senior Member
Join Date: Mar 2013
Location: n/a, Texas
Trailer: Escape
Posts: 720
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Quote:
Originally Posted by rubicon327
They did atleast one thing right...a mini-split A/C
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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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01-26-2019, 08:43 PM
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#14
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Senior Member
Join Date: Dec 2013
Location: Westcliffe, Colorado
Trailer: 2010 EggCamper (#083); 2017 Escape 21 (#053); 2016 F-150 5.0L FX4
Posts: 1,765
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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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