Is the iconic COMMODORE brand making a comeback?

You might remember COMMODORE as a computer manufacturer that, in the second half of the last century, achieved great success in the emerging personal computer market.

The Commodore 64, for instance, was hugely popular in the 1980s and much more affordable for the average consumer than Apple’s pricier Macintosh. Despite several successful models, the brand was eventually overtaken by competitors and faded into obscurity.

That is, until recently, when actor and YouTube creator Christian Simpson announced his intention to revive the brand. Simpson, whose videos focus on retro technology and games from the 1980s and ’90s, has a deep nostalgic affection for COMMODORE. He revealed that he plans to acquire the Dutch company Commodore Corporation BV – the current holder of the trademark rights. However, his announcement stirred controversy when two Italian companies also claimed ownership of the COMMODORE brand. Given the enduring recognition and goodwill associated with the name, it’s hardly surprising that multiple parties want to lay claim to it.

The founder of the Italian company Commodore Business Machines argued that he registered the mark after the earlier registration had lapsed. However, that registration was refused in 2015 following opposition by the Dutch company. Another Italian company, Commodore Industries, also uses the mark and asserts that it has lawfully owned and used it for years, pointing to its own trademark registration in Italy.

The confusion is not surprising. Over the years, the trademark has had quite a few owners and names. For example, the original trademark rights were purchased in the 1990s by the German company Escom and later acquired by the Dutch Tulip Computers. The rights were then transferred to the Dutch company Yeahronimo BV, which placed them in a subsidiary, C= Holdings BV. After a few more relocations and name changes, the trademark rights eventually ended up in Roosendaal with Commodore International BV. The Dutch Commodore International BV therefore holds the oldest trademark rights and is the rightful owner. Not only in the form of international trademark registration 907082, but also even older Benelux and Finland registrations dating back to 1985.

It seems that Simpson can continue his Commodore revival project – which can now be found at www.commodore.net. Whether the Italian companies will still challenge him legally remains to be seen. But for the time being, the path seems clear for a rebirth of the iconic brand.

The lesson? This case highlights how crucial trademark registration and accurate record-keeping of ownership really are. Only then can ownership of the mark be beyond doubt.

Author: Dennis Bruikman
Bio: After studying intellectual property law, Dennis Bruikman joined Knijff and is currently pursuing the BBMM qualification to become a certified trademark attorney. He also works in the team of Erik Stegeman.