License Plates & Trademarks

[ap1991]

Hi there! My local vehicle insurance company offers the option of applying for a customized vehicle license plate, rather than the standard ABC 123 format. I had applied for my first name to be on the license plate. For the sake of this post and my privacy, lets say my name is DAVID. My insurance company unfortunately denied my application, because they stated there was an existing registered trademark "DAVID". I contacted the company that owns the trademark and am waiting to hear back. I was just wondering if my insurance company is justified in denying my application based on an existing trademark, when the trademark in question is my legal name. If the company replies and states they do not approve me to use my name on my license plate, is there any other course of action or are they justified in doing so?

Thanks!

PS. I hope this is relevant: I reside in Canada, and the trademark is registered in the United States.

 

[racer72]

This forum is for US law only. I was wondering though, when did insurance companies start issuing license plates? Isn't that something your provinces do?

 

[ap1991]

This forum is for US law only. I was wondering though, when did insurance companies start issuing license plates? Isn't that something your provinces do?

Hi racer, thanks for the reply. In British Columbia, Canada, we have a different setup for vehicle insurance. The province requires everyone to insure their vehicle for mandatory coverage (3rd party liability) through ICBC (Insurance Company of British Columbia). Thus, this company is essentially a monopoly for vehicle insurance in BC. Your comprehensive collision insurance can be then purchased through other 3rd party private companies. Thus, the insurance company ICBC issues the plates essentially for the province. Just curious though, I know in the US you are also able to apply for custom plates in most states. How would my scenario play out there?

Thanks!

 

[quincy]

Hi racer, thanks for the reply. In British Columbia, Canada, we have a different setup for vehicle insurance. The province requires everyone to insure their vehicle for mandatory coverage (3rd party liability) through ICBC (Insurance Company of British Columbia). Thus, this company is essentially a monopoly for vehicle insurance in BC. Your comprehensive collision insurance can be then purchased through other 3rd party private companies. Thus, the insurance company ICBC issues the plates essentially for the province. Just curious though, I know in the US you are also able to apply for custom plates in most states. How would my scenario play out there?

Thanks!

In Canada, including BC, license plates are issued by the province or territory.

If your insurance company has decided to deny you coverage based on the proposed name for your plate, there appears to be little you can do but accept their decision.

In the US, the different states have different laws that regulate what names and numbers are acceptable on a plate.



Edit to add (just because):

A state can register as a trademark its license plate designs (for example, Wyoming has a trademark on its "bucking horse and rider" image).

Some organizations can make arrangements with states for specialized plates (Raptor Education Foundation of Colorado, for example). The Raptor Education plates, however, led to a lawsuit when the state allowed for the use of the plate by those not affiliated with REF: https://www.courts.state.co.us/Courts/Court_of_Appeals/opinion/2012/11CA2446-PD.pdf

Primarily, though, legal issues over license plates in the US have arisen not over IP rights but over rights to free speech on vanity plates.

One case to look at where the speech on plates was disputed (government or private speech?) is Texas Division, Sons of Confederate Veterans v. Victor T. Vandergriff, et al: http://www.ca5.uscourts.gov/opinions\pub\13/13-50411-CV0.pdf

Another case is Wooley v. Maynard: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=430&invol=705

Of course, none of the above has to do with ap1991's "DAVID" plate in Canada, but I had some time to waste.

 

[racer72]

In my state, Washington, I can apply for a personalized plate online at the state DOL website. If the plate is accepted, pay the fees and 6 weeks later new plates show up in the mail.

 

[quincy]

In my state, Washington, I can apply for a personalized plate online at the state DOL website. If the plate is accepted, pay the fees and 6 weeks later new plates show up in the mail.

Michigan allows for the ordering of plates online, as well.

Police in Michigan and in other states have complained in the past because it is difficult to identify Michigan plates. There are dozens of plate options - a standard plate, graphic design plates (Mackinac Bridge plate, Spectacular Peninsulas plate), university plates (three different University of Michigan plates, a Michigan State plate, a Western Michigan plate, etc), special cause fundraising plates (Prevent Child Abuse, Veterans Memorial, Donate Life, Water Quality, etc), and then personalized plates where the major reason for rejection is obscene words (although I have seen a few of these slip through the censors and make their way onto the back of cars).

Although police have objected to the numerous plate designs, unique plates have actually led to the arrests of several stupid criminals who have driven away from their crimes in cars with personalized plates, easily remembered by witnesses.

 

[TheGeekess]

Michigan allows for the ordering of plates online, as well.

Police in Michigan and in other states have complained in the past because it is difficult to identify Michigan plates. There are dozens of plate options - a standard plate, graphic design plates (Mackinac Bridge plate, Spectacular Peninsulas plate), university plates (three different University of Michigan plates, a Michigan State plate, a Western Michigan plate, etc), special cause fundraising plates (Prevent Child Abuse, Veterans Memorial, Donate Life, Water Quality, etc), and then personalized plates where the major reason for rejection is obscene words (although I have seen a few of these slip through the censors and make their way onto the back of cars).

Although police have objected to the numerous plate designs, unique plates have actually led to the arrests of several stupid criminals who have driven away from their crimes in cars with personalized plates, easily remembered by witnesses.

There's a multiplicity of car plates/tags available in Bama, too. I think every school in the SEC can buy a car tag in Bama, along with the other dozen state schools. We won't talk about the other billion designs; if you can get a thousand people to agree to buy your plate design, the state will issue it.

 

[quincy]

I apparently had way too much time to waste last night and wound up locating all sorts of stuff on license plates, some of it interesting, a lot of it not so interesting.

Although this falls in the latter category , I might as well include the link to AAA/CAA's "plate disbursement" laws for the US and Canada.

It has nothing to do with IP law.

http://drivinglaws.aaa.com/laws/plate-disbursement/

 

[Zigner]

I apparently had way too much time to waste last night and wound up locating all sorts of stuff on license plates, some of it interesting, a lot of it not so interesting.

Although this falls in the latter category , I might as well include the link to AAA/CAA's "plate disbursement" laws for the US and Canada.

It has nothing to do with IP law.

http://drivinglaws.aaa.com/laws/plate-disbursement/

Nice find. I do see that the California information isn't 100% accurate, but that's because it's aimed at "normal" drivers and not the one exception. In CA, if a single plate is issued to a truck tractor, then it is to be placed on the front of the vehicle, not the rear. (Just a bit of minutiae/trivia from The Golden State.)

 

[quincy]

I am going to try to control myself and not relate ALL that I located on driver license plates (and that is still my intent), but there was one "stupid criminal" story I found funny.

A brilliant twosome decided to haul off an ATM machine so they attached a chain from their truck bumper to the bank's ATM. When the truck accelerated, the ATM machine stayed in place but the truck's bumper came off. The would-be thieves fled in their truck but the police were able to identify them because they left behind not only the ATM machine and chain but also the truck's bumper with its license plate.