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Owner of LearFan upset with FS plane?

Hi Folks

Bill -
I'd be asking for documented proof of ownership,
and also the context of & registration number.

According to the United States Patent and Trademark Office search
the Lear Fan trademark expired in 1997
<table border="0"><tbody><tr><td align="LEFT" valign="TOP">Word Mark </td> <td> LEAR FAN</td> </tr> <tr> <td align="LEFT" valign="TOP"> Goods and Services</td> <td>(ABANDONED) IC 012. US 019 021 023 031 035 044. G & S: airplanes, general aviation, manufacture of</td></tr></tbody></table>
You could maybe try purchasing it yourself. :icon_lol:

US Copyright Ofiice record -
Type of Work: Visual Material
Registration Number / Date: TX0000403708 / 1979-10-16
Title: Lear Fan.
Imprint: Reno : Lear Avia Corp., c1979.
Description: 1 v.
Copyright Claimant: Lear Avia Corporation
Date of Creation: 1979
Date of Publication: 1979-05-30
Copyright Note: C.O. correspondence.
Other Title: Fan
Names: Lear Avia Corporation

HTH
ATB
Paul
 
BASys said:
Hi Folks

Bill -
I'd be asking for documented proof of ownership,
and also the context of & registration number.

According to the United States Patent and Trademark Office search
the Lear Fan trademark expired in 1997
<table border="0"><tbody><tr><td align="LEFT" valign="TOP">Word Mark </td> <td> LEAR FAN</td> </tr> <tr> <td align="LEFT" valign="TOP"> Goods and Services</td> <td>(ABANDONED) IC 012. US 019 021 023 031 035 044. G & S: airplanes, general aviation, manufacture of</td></tr></tbody></table>
You could maybe try purchasing it yourself. :icon_lol:

HTH
ATB
Paul
Click to expand...

Thanks Paul.

Man, why didnt I think of that. I would give the name a good home. (If its expired).


Bill
 
Sounds like this fellow is a fake. Make him prove who he really is and have him show you his copyright. Otherwise just ignore him.
 
Hi Folks

Bill -
That was for the trademark itself.

The copyright of title Lear Fan may still be active,
and owned by whowever subsumed Lear Avia Corporation.

HTH
ATB
Paul
 
Lionheart said:
He says I should have called the FAA to varify if the plane and company still existed, and that its either take it offline or we go to court.

If he is the actual owner, I would rather have nothing (absolutely nothing) to do with him.

This guy does not sound like an executive. And his business address is a house, lol..

I now have more room on my website. I am happy.

:engel016:


Bill
Click to expand...

I recently had a similar situation Bill. A couple years ago I wrote an engineering paper/article for an industry publication. I spoke with and visited several companies within the industry while researching the article.

One company, met with me and gave me a tour of his facility. He was fully aware of what I was writing. Well, a year and a half later he emails me demanding I remove the article from our website because I used his name without permission and he didn't agree with the article.

I mentioned to him our telephone conversations and visit. It was like talking to a wall. He became rather testy and ever questioned my qualifications to write the article. That went too far.

I redacted his company's from the "Thank Yous" on the last page of the article, where I thanked the people who helped me.

What he didn't know was that I had liked his company and its products. I had recommend them several times in the past.
 
:wavey:

Hi Bill,

You should touch bases with the gent that created it for X-Plane, Wonder if he got torched for it.

Cheers, and look forward to your Learfun for FS !!
 
Lear Fan... You are a fanatic follower of Lear (the king, perhaps?)

So just imagine the fun, when you cross a Cessna and a Pitts? Cesspits? Can I register that name?

Just checked Wikipedia - LearFan is owned by LearAvia.

Useless info... he's dead:

Prominent Stallion Lear Fan Dead

Updated: Monday, September 29, 2008 3:26 PM
Posted: Wednesday, September 24, 2008 6:07 PM


Lear Fan, who stood at the Beck family’s Gainesway Farm near Lexington, died July 7 of natural causes. The pensioned son of Roberto had begun his stallion duty at the farm when it was owned by founder John R. Gaines. He was 27.
A Kentucky-bred, Lear Fan developed into a prominent miler in Europe for owner Ahmed Salman. At 3, he won the Prix Jacques le Marois (Fr-I) and was classic-placed, running third in the General Accident Two Thousand Guineas (Eng-I).
Click to expand...

Back to the LearFan - according to Wiki, the inventor is Mr. Bill Lear himself, RiP. If Gustavo is one of the Investors that Lear's wife. Both survivors are in US Museums, so get permission from either to rebuild one of their exhibits. They OWN the airframes.

http://en.wikipedia.org/wiki/LearAvia_Lear_Fan

Or write to Mrs. Moya Lear in person. She may be rather more pleased to see Bill's plane go into general service - even if only in sim.
 
As you have removed the content from the website (and wait until the cached version is clensed, too), I would indeed now write back to him and ask for his proof of ownership. If he fails to respond, you can forward his email to Bombardier and others with a simple query as to wether his claim is accurate. If nothing else, they may be interested to know who is claiming ownership of the name, and you may be doing them a service.

Mike
 
Lets not do anything bad.

I am trying to secure the copyrights presently.

It seems there is absolutely no Lear Fan company, no Lear Fan corporation, no LearFan (no space) corporation or company or copyrights.

Copyrights were through LearAvia Corporation. LearAvia is now abandoned, so the copyright is abandoned.

Bill
 
Careful Guys...

Google the name and be aware that at least one Gustavo Cuello is a priest and linked with unsavoury acts against minors. Others of the same name are also around...
 
Yeah, this is just goofy. :isadizzy:

I'd demand he present verifiable proof of current ownership of the name, and if he doesnt do it in 2 weeks (or in some timeframe), I'd absolutely put the content back up on the website, and ignore the guy's emails. I certainly wouldnt back down to the guy...its looking like hes just here to mess with you and do the same kind of thing that destroying Avsim did...injure the community. Dont let him win by simply backing down.

And after he doesnt present proof, if he still says "Waaaaahh...I'm gonna take you to court blah blah blah!" then at that point I'd say "be my guest."

Or...maybe...take HIM to court for harassment.
 
piperarcherpilot said:
Yeah, this is just goofy. :isadizzy:

I'd demand he present verifiable proof of current ownership of the name, and if he doesnt do it in 2 weeks (or in some timeframe), I'd absolutely put the content back up on the website, and ignore the nutcase's emails.

If he still says "Waaaaahh...I'm gonna take you to court blah blah blah!" then at that point I'd say "be my guest."

Take HIM to court for harassment.
Click to expand...



This is indeed a harrassment. With impersinating a huge corporation in ownership and threatening legal litigation, I think it might even fall under the roof of the FBI. He caused my website to be altered. I wonder if he is here on a temporary visa? That might be yanked as well.


Bill
 
I just spent the required $1.00 fee to search the records of business organizations filed with the Texas Secretary of State Corporations division. I used the search term Learfan Co. The search returned 19 companies that had names beginning with LE and LA, both single and multiple word names. Not one of them was Learfan Co., nor even Lear Fan Co. The 19 results included business names ending in Company, Corp., Inc., LLP, LLC and Corporation, so putting Co. in the search was not a limiting factor.

The long and the short of it is that there is no business entity named Learfan Co. registered as such in the State of Texas. That means he's nothing more than an individual, perhaps a sole proprietor doing business under the assumed name of Learfan Co. If so, he can only sue in his own name.

Since his address is an area I frequently drive past, I'm fairly familiar with the socio-economic status of the location, and it isn't a corporate enclave. It is immediately adjacent to a a high tension power corridor between it and a heavily traveled main thoroughfare. It isn't a slum, but it isn't high rent either.

The odds of old Gustavo owning a copyright on the design of an aircraft such as this are infinitessimally small. Those are the same odds that he owns the trademark on the name as used for an aircraft. Any other use is irrelevant because only those infringing uses that are likely to cause consumer confusion are actionable, and that is especially so when the alleged infringing use long predates the more recent unrelated use that is the basis for the complaint.

So, Learfan Co. is not a legally registered business entity, and, unless he owns the trademark for and is marketing Lear Fan aircraft, there is no basis for a trademark infringement complaint. If Gustavo owns the design of the aircraft itself, he might have a very shaky leg to stand on to make a copyright complaint, but I think it would be bogus. The chance that he actually owns anything here of importance is simply too small to register.

Personally, I'd tell him to specify whether he owns a copyright or a trademark for Lear Fan and what his claim against you is. I'd tell him the Texas Secretary of State has no record of a legally organized and registered business entity called Learfan Co. I'd tell him to prove his right to make a complaint against you or withdraw it. I'd wait and see what that produces before taking any further action.
 
This is indeed a harrassment. With impersinating a huge corporation in ownership and threatening legal litigation, I think it might even fall under the roof of the FBI. He caused my website to be altered. I wonder if he is here on a temporary visa? That might be yanked as well.


Bill
Click to expand...
I wouldnt take it too far too fast by accusing him just yet, but I dont think you'd be out of line at all to let him know that you're upset with him and you dont believe him. Just like people do with police when they're in doubt they're real police, ask him to show his credentials....and if he does, you'll know. But when he cant do it, then the tides have turned, and you have a harassment case.
 
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