[Rhodes22-list] advice needed from litigious Rhodies

[BenCittadino]

David;

David;

I agree with everything you said. In fact, you said it better and clearer
than I could have (which is naturally the case because you are an actual
person and not a lawyer).

I will still communicate off-list with Stan on this, but I wanted you to
know that I think you have crystallized the issue as succinctly as it can be
done.

Ben



David Bradley wrote:
> 
> Stan, I'm a bit late to this thread so have the benefit of the 20+ replies
> before.
> 
> The issues I would be thinking about (as a marketing guy) are whether you
> can offer a modified Catalina boat to the market without "re-branding" it.
> There are countless examples of authorized dealers of one OEM reselling
> products made by other OEMs (the used Chevy at the Ford dealership), and
> those dealers have often improved those products (new tires, whatever).  I
> would guess that the local van conversion shop doesn't have a distribution
> and co-marketing agreement with a manufacturer.  I'm sure you could call a
> few to ask.
> 
> The examples of Shelby and AMG are clear examples of co-marketing
> agreements
> and this is what I'd guess you could not do without a partnership
> agreement
> with Catalina.  Partnering with Catalina may be interesting, but it seems
> unlikely to me that they would put time and energy into it given their
> focus
> on larger boats.  If I were them I wouldn't be very interested in a
> co-branding agreement with GBI. Little to gain, and their brand is
> exposed.
> 
> It seems that the issue to focus on is whether GBI can legally offer a
> converted Catalina boat for sale to the general public so long as you
> don't
> represent GBI as a Catalina dealer or "brand" the new offering.  In this
> context, you would be promoting GBI as a used boat dealer providing an
> aftermarket service.
> 
> Make sense?  Ben, does this help to focus the legal questions?
> 
> Dave
> 
> 
> 
> 
> 
> On Thu, Nov 5, 2009 at 5:21 AM, stan <stan at rhodes22.com> wrote:
> 
>> thanks for all the feedback - amazingly helpful - but some may have
>> misread
>> the program: We are merely buying used Catalinas for a conversion
>> business
>> -
>> no thought of building molds and building boats from them..     that
>> clarification may change some of the legal opinions ?   Ben's points do
>> have
>> us concerned since we are not doing this as a private party but as a
>> commercial venture.   Would that concern be avoided if we took the
>> position
>> that each individual "buyer" brought their Catalina to us to alter?
>>
>> ss
>>
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