Legal Question in Business Law in New York

Okay, this may be a far out of left field question but stay with me. Legally, what is the difficulty of starting a car company? Specifically, a car company that went defunct company. Specifically, Hummer. I searched Hummer Trademarks and there are none that apply to automobiles that I could find. I also searched copyright and found very little under GM or AM General. If I incorporated the name under the name Hummer Motors Company could GM or AM General take any legal action? Is this a legal thing to do? Or, would it just be easier to buy what very little is left of the brand? What is the best course of action legally?

Also, I realize it takes millions to operate this type of company and I wouldnt start right away but incorporating is the first step. I am only looking at the legal aspects right now.


Asked on 2/01/12, 12:39 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

It may be worthwhile to spend some money and do an official tradename/trademark search. I have found that sometimes a name or logo has never been formally recorded, or it has been allowed to lapse. There are also times a client has been able to purchase a name that has been recorded but never used, or has lapsed. Once the search reveals the status, you can go from there, using a specialist in patent, trademark, tradename law. Last consideration, is common-law rights (ones that exist by usage, but where there is no formal recording). You should discuss this aspect with the attornet you select to assist you. This is a general response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 2/01/12, 12:54 pm


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