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Mercedes-Benz in conflict with DONMAR's SKYROOF® Trademark

2 November 1998


Jacksonville, FL -

In March 1998 Mercedes-Benz of North America (MBNA) introduced their new "Sky
Roof" sunroof option for their 1999 M-Class. However, the name SKYROOF® has
been a registered trademark of DONMAR Enterprises, Inc. for automotive
sunroofs since 1989. 

DONMAR, based in Jacksonville, Florida, is a leading wholesale supplier of
aftermarket automotive accessories, including FUNSPORT® sunroofs, SKYROOF®
sunroofs and wind deflectors, and other DONMAR® brand sunroofs, restyling
products, and truck accessories.

DONMAR notified MBNA in early April that "Sky Roof" infringes upon DONMAR's
SKYROOF® trademark, and was asked to license it, purchase it, or stop using
it. MBNA legal counsel acknowledged potential confusion and verbally admitted
a failure to perform a trademark search before choosing the name, yet
neglected to respond to DONMAR's demands in writing. DONMAR's legal counsel
again contacted MBNA in June to demand action. 

Between April and August, MBNA failed to make adequate efforts to change the
name. Official Mercedes-Benz websites promoted "Sky Roof" through mid August.
SAE's Automotive Engineering Magazine August issue published a feature story
on the Alabama Mercedes factory, referencing the new "Sky Roof." Several
Mercedes-Benz Dealer websites continue to show the "Sky Roof," and PR
Newswire, a paid service, continues to publish MBNA press releases on the M-
Class "Sky Roof."

In mid August MBNA changed the name to "Skyview Power Top," yet since has
failed to effectively notify their dealer network, the press and the public
that the name "Sky Roof" should no longer be used because SKYROOF® is owned by
DONMAR. Further, MBNA has not published retractions, or compensated DONMAR for
damages caused by their admitted error.

SKYROOF® is a registered trademark of DONMAR Enterprises, Inc., Jacksonville,
FL