Originally Posted by dekindy

mozzy66 - produce a copy of your sales material. If the bikes are labeled with he Gorilla name, made to your specs and warrantied by you, then that is the way they should be advertised. If you are going to use Tommasini name in your advertising and they have sold their rights to someone to market in the USA, then Tommasini should respect that and prohibit you from marketing in the USA. That seems simple to me.

If Tommasini is not part of your advertising but are manufacturing the frames, then I guess that will have to be battled in the courts to determine if Tommasini USA can enforce their marketing rights or you and Tommasini have found an unethical but legal backdoor to get around the exclusive marketing rights that Tommasini USA thought they were buying.

It seems Tommasini USA has a legitimate gripe. The bottom line is that if they are not made to Tommasini track bike specs, then labeling them Tommasini track frames is fraud in my book. I don't know how else you can look at it. And since Tommasini USA has the marketing rights, marketing in the USA is illegal, too. Tommasini USA could have worded their case a little better, but that is beside the point. Right and wrong is easy to determine here.