Author Topic: Who owns the Kaiser-Frazer name?  (Read 1459 times)

Gordie

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Who owns the Kaiser-Frazer name?
« on: June 13, 2018, 01:28:14 PM »
In trying to collect the the ten varieties of the Sunstar '51 Henry J model cars I noticed on the box that  "Kaiser Henry J is a trademark of Chrysler Group LLC and is used under license.@Chrysler Group LLC 2010"  Is Kaiser-Frazer really a part of Chrysler Corp now or Chrysler Fiat?  Kaiser bought Willys in 1953 and Willys was transitioned through other companies and is now owned by Chrysler but what does that have to do with the Kaiser name?
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kaiserfrazerlibrary

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Re: Who owns the Kaiser-Frazer name?
« Reply #1 on: June 13, 2018, 06:45:52 PM »
Chrysler Corporation LLC did NOT own any rights to things of Kaiser-Frazer Corporation, Kaiser-Frazer Sales Corporation or any other entitity relating to Kaiser-Frazer.  Chrysler denied ownership of these groups back in the fall of 1995 according to information from Honigman, Miller, Schwartz and Chon.    The law firm also states

Chrysler filed the denial in response to the legal action by the EPA to assess the various tennants of the Willow Run Industrial Complex for the cost of cleaning up Willow Creek and land in the area of this facility.  The EPA specifucally assessed damages to Chrysler because of the enviornmental damage done by Kaiser-Frazer Corporation and/or its subsiduraries between September 1945 and the acquisition of the facility by General Motors in the fall of 1953.  The EPA stated that Chrysler acquired the liability when it purchased American Motors Corporation in 1985 in a "lock stock & barrel" deal.  Instead of buying certain assets and assuming only certain liability Chrysler got everything AMC had including things relating to Kaiser-Jeep Corporation and its successor company of Willys Motors, Incorporated which was formed in 1953 when a division of Kaiser-Frazer Corporation--the Kaiser Manufacturing Corporation--acquired certain assets and assumed certain liabilities relative to the Willys-Overland Motors Corporation.   Chrysler did not have to be a tenant in order to be financially responsible.

The core of this was a 1956 transaction when Willys Motors, Incorporated (previously the Kaiser Manufacturing Corporation division of Kaiser-Frazer Corporation) purchased any remaining assets of Kaiser-Frazer Corporation.  The EPA argued that in this transaction, Willys Motors, Incorporation also assumed all liabilities past, present or future relative to Kaiser-Frazer Corporation.    A Federal Court heard arguments from both side and reviewed all the exhibts and evidence presented.  The court ruled that Chrysler is not the successor in interest of Kaiser-Frazer Corporation.  As such, it could not be held financially responsible for the clean-up costs, also noting that there were no enviornmental type lawsuits filed against Kaiser-Frazer Corporation as of 1956 so the EPA argument about past, present or future liabilities was not valid.   

See also Chrysler Corp. v. Ford Motor Company--F. Supp--1997 WL487058 (Eastern District,m Michigan, 1997) in WestLaw.
also
October 1997 Edition of Michigan Enviornmental Coimpliance, a monthly newsletter written by Honigman, Miller, Schwartz & Cohn and published by M. Lee Smith Publishers, Brentwood TN.

Chrysler Corporation or any of its successor firms (and there were several after this point) could not lay claim to things Kaiser-Frazer unless they also accepted financial responsibillity for Kaiser-Frazer Corporation actions.   Anything relating to Willys or Jeep branded products as well as the Kaiser-Darrin Sports Car and the 1955 Kaiser Manhattan or other products carrying a Willys-Overland or Willys Motors Corporation manufacturing tag are separate from the court's decision as far as I understand it.


Gordie

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Re: Who owns the Kaiser-Frazer name?
« Reply #2 on: June 13, 2018, 07:10:38 PM »
Thanks, that is very interesting and it is interesting also that Sunstar in China must pay a royalty to Chrysler Corp. for using the name Henry J, 74 years after the last one was built.  Apparently Chrysler LLC must own all of the make and model names that K-F Corp used over their ten years of production as well as Willys Aero and all of their various names used for over 115 years by Willys.
« Last Edit: June 13, 2018, 07:24:30 PM by Gordie »
Member #3151 Since June 1974
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kaiserfrazerlibrary

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Re: Who owns the Kaiser-Frazer name?
« Reply #3 on: June 14, 2018, 09:37:26 AM »
The names are intellectual property.  According to government publication circ15a from the United States Copyright Office the copyright on the names other than Willys expired in 2011 so today they are public domain.

Gordie

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Re: Who owns the Kaiser-Frazer name?
« Reply #4 on: June 14, 2018, 11:03:56 AM »
Thanks again.  It seems that Shelburg would have had to pay Chrysler royalties if his re-manufacture of Darrin's was successful.
Member #3151 Since June 1974
Vice President K.F.O.C.I. 2013-2017  President 2018-2019
'47 Graham Paige Frazer                                   
'51 Kaiser Deluxe club coupe       
'51 Kaiser customized convertible 
'52 Allstate serial#39
'53 Aero Eagle
'54 Aero Eagle Custom

kaiserfrazerlibrary

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Re: Who owns the Kaiser-Frazer name?
« Reply #5 on: June 15, 2018, 08:59:24 AM »
This is one of the problems the toy companies have.  If they want to do something K-F, they often take the safer route (except for the big ones like Matell) and tack on a dollor or two on the price of the model they sell (like Sunstrand did) and offer token payments to avoid legal entanglements.    I know from the project on the HOT WHEELS car "Jaded" that I was involved with around 2003 or thereabouts which is back out again in both the SPIDERMAN series and the new MARVEL series.  Latest version is "Hulk" and the HJ is purple.

Carpenter

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Re: Who owns the Kaiser-Frazer name?
« Reply #6 on: June 15, 2018, 09:19:22 AM »
So, if a person chose to start today producing a Kaiser car there would be legal entanglements?

Carpenter

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Re: Who owns the Kaiser-Frazer name?
« Reply #7 on: June 16, 2018, 01:35:37 AM »
Does anyone know the answer to my question?

kaiserfrazerlibrary

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Re: Who owns the Kaiser-Frazer name?
« Reply #8 on: June 16, 2018, 09:32:34 AM »
According to the copyright cuircular on life of a copyright (on things prior to 1978) and the court case noted above, there should be no legal enganglements.  However, I am not an attorney so you may want to investigate the matter yourself in case I missed something.

Carpenter

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Re: Who owns the Kaiser-Frazer name?
« Reply #9 on: June 16, 2018, 11:37:33 AM »
K.  If ever blessed with adequate money I will be replicating the 1955 Kaiser Manhattan, adding a 2 door hardtop and updated engine and transmission, and adding an updated version of the Kaiser.  There are several photos in "Last Onslaught".

kaiserfrazerlibrary

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Re: Who owns the Kaiser-Frazer name?
« Reply #10 on: June 16, 2018, 08:05:39 PM »
The 1955 Kaiser Manhattan was a product of Willys Motors, Incorporated as noted on the various ID tags.  Chrysler acquired WILLYS MOTORS vehiche rights and has a legitimate interest in them.  Anything with Kaiser Motors Corporation may be another matter.  I noted this in earlier postings.