Uh oh!

[Used 2B PopUPTimes]

Fleetwood just won an injunction against Coleman and Coachmen

read this -
http://ir.fleetwood.com/phoenix.zhtml?c=63938&p=IROL-NewsText&t=Regular&id=645481&

So don't look for the special issue of Pop UP Times, we had to "stop the press" thus delaying our next mailing.
:yikes:

[brainpause]

Quap!

I was looking forward to the "new" Coleman trailers, with its supposedly brand new innovative trailers!

Larry

[Tim5055]

I had a feeling this might happen......

[Nick]

I'm sure this isnt the last we will hear of it.  Probably appeals by the hundreds already filed.

[mike4947]

Well appeals aren't in order yet, as neither the American Home (Coleman's parent company) lawsuit or the Fleetwood lawsuit have been to court yet. These are all PREtrial manouvers.

[Used 2B PopUPTimes]

I rolled the dice with this issue and came up with Snake Eyes. We're out some money, but not near the amounts that Coachmen, Coleman and Fleetwood are.

We're rewritng about 25% of the magazine and will get it to the printer next week.  Stay tuned

[Tim5055]

Well appeals aren't in order yet, as neither the American Home (Coleman's parent company) lawsuit or the Fleetwood lawsuit have been to court yet. These are all PREtrial manouvers.

I don't think these are PREtrial issues.

the judge presiding over its legal dispute with The Coleman Company, Inc., ruled late yesterday that he has granted Fleetwood's request for a permanent injunction against Coleman, prohibiting Coleman from licensing the Coleman name in the recreational vehicle industry.

From my law dictionary:

permanent injunction
n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. A permanent injunction is distinguished from a "preliminary" injunction which the court issues pending the outcome of a lawsuit or petition asking for the "permanent" injunction.

A permanent injunction is only issued after a finding of fact by the court.    Unless Coleman or Coachman can convince the judge he is wrong (unlikely) or an appeals court sets the permanent injunction aside Coleman is permanently (i.e. in perpetuity) prohibited from licensing the name for an RV product.

As I understand it the only trial left is the one regarding monetary damages.  This one will be multi part:
 

• Does Fleetwood owe Coleman any monetary damages for violating the original licencing agreement?
• Does Coleman owe Fleetwood any monetary damages for terminating the agreement
• Does Coachman owe Fleetwood any monetary damages for interfering in their business arrangment with Coleman

[Tim5055]

I rolled the dice with this issue and came up with Snake Eyes. We're out some money, but not near the amounts that Coachmen, Coleman and Fleetwood are.

We're rewritng about 25% of the magazine and will get it to the printer next week.  Stay tuned

Dave, Sorry that you lost money on this deal.

[brainpause]

Dave, Sorry that you lost money on this deal.

Yep. Me too. Especially when you are promoting their product. YOUR promotion of THEIR product adds up to YOUR loss.

That math just doesn't add up.

LC

[tlhdoc]

Dave will Coachman still market the new trailers without the Coleman name?  Sorry this turned around and cost you time and money.

[dee106]

Dave
 How much does it cost to place ads in your magazine? maybe we can push our favorite campgrounds and camping stores into putting a ad in the magazine to help your business.

[brainpause]

Dave
 How much does it cost to place ads in your magazine? maybe we can push our favorite campgrounds and camping stores into putting a ad in the magazine to help your business.

I think this is negotiated with each business, and not necessarily public information. But a great idea to mention this to those kinds of places!

Larry

[Used 2B PopUPTimes]

I appreciate your concerns but we aren't out big bucks and it will only delay the next issue by a week or so. I am disappointed that our exclusive article may not get published, we have a lot of hours into it. Coachmen/Viking/?? told me today that they'll continue to advertise under what ever name the go with. Some CG ads would be nice though.

The top guy at Viking/Coleman RV Products (remember Zerk?) told me that today is his birthday, his mother is in the hospital having surgery today, and the first phone he got was from the lawyers with the news about the injunction. He was pretty miserable, I felt bad for him.

[rccs]

Maybe we could have a contest here to name the new Coachmen camper brand?

[brainpause]

How about the Crockett-Boone line of campers? (I am a little partial, since my last name is Crockett).

Larry