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The New Zealand Marlboro Series


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#401 skeeternz

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Posted 28 September 2010 - 10:08

This may be of interest. The quality isn't the best from the files however. Note the photo of Discombe on a Nico Bakker TZ.

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( I have now saved Part 1 as a JEPEG )






Edited by skeeternz, 29 September 2010 - 05:17.


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#402 philippe7

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Posted 28 September 2010 - 19:05

Skeeter, this looks just great but it is frustrating that the scan quality makes it almost unreadable . There should be a specific setting on your scanner to help get rid of this grainy aspect you get when scanning some press clippings ( it's called "moiré" in french, which translates to "watered" apparently ? ? ) Or it's in the "original document" specification that you should have something like "photos, book, magazine , newspaper" to choose from ....

Edited by philippe7, 28 September 2010 - 21:32.


#403 philippe7

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Posted 29 September 2010 - 09:44

( I have now saved Part 1 as a JEPEG )


Excellent ! Much, much better, thanks a lot ! :up:

( don't know what you did, but you did well ;) ....)

edit : maybe a wee tad large, but it's OK with me !

Edited by philippe7, 29 September 2010 - 09:45.


#404 skeeternz

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Posted 30 September 2010 - 06:57

Excellent ! Much, much better, thanks a lot ! :up:

( don't know what you did, but you did well ;) ....)

edit : maybe a wee tad large, but it's OK with me !


Yes for some reason it comes out too large so will try to resize part II

#405 rodprice

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Posted 04 October 2010 - 08:02

The donor bike for the Nico Bakker (a TZ750 C I believe) was reassembled and is now owned by Al Wilton in Auckland. Anyone know what happened to the chassis?

#406 skeeternz

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Posted 09 October 2010 - 08:56

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At last - haven't solved the sizing problem yet! Enjoy



#407 philippe7

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Posted 09 October 2010 - 09:06

Great ! Thanks a lot :up:

#408 skeeternz

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Posted 09 October 2010 - 09:43

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This may be of interest. Mike Hailwood at Pukekohe on Bob Haldanes TZ750. I think he did some laps there with a camera and from here he moved back to the UK to live and race again at the TT. He hadn't raced on slicks until this point. Mike did some TV work for the Marlboro Series.

#409 philippe7

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Posted 11 October 2010 - 07:12

I have corrected and completed my results file of the 1977-78 series as per the article above, so I thought I might as well post them, in case anyone cares :rolleyes:

Not official of course, but presumed correct until proved wrong...

Pukekohe

Race 1

1- Greg Hansford, 750 Kawasaki
2- Jeff Sayle, 750 Yamaha
3- Marco Lucchinelli, 750 Yamaha
4- Hideo Kanaya, 750 Yamaha
5- Rick Perry, 750 Kawasaki
6- Warren Willing, 750 Yamaha
7- Murray Sayle, 750 Kawasaki
8- Trevor Discombe, 750 Yamaha
9- Wes Cooley, 750 Yamaha

Race 2

1- Jeff Sayle, 750 Yamaha
2- Hideo Kanaya, 750 Yamaha
3- Warren Willing, 750 Yamaha
4- Rick Perry, 750 Kawasaki
5- Marco Lucchinelli , 750 Yamaha
6- Murray Sayle, 750 Kawasaki
7- Trevor Discombe, 750 Yamaha


Gracefield

Race 1

1- Greg Hansford, 750 Kawasaki
2- Jeff Sayle, 750 Yamaha
3- Ray Quincey, 750 Yamaha
4- Marco Lucchinelli, 750 Yamaha
5- Rick Perry, 750 Kawasaki
6- Murray Sayle, 750 Kawasaki
7- Stu Avant, 500 Suzuki
8- Trevor Discombe, 750 Yamaha
9- Warren Willing, 750 Yamaha
10-Rick Walden, 750 Yamaha

Race 2

1- Jeff Sayle, 750 Yamaha
2- Ray Quincey, 750 Yamaha
3- Rick Perry, 750 Kawasaki
4- Murray Sayle, 750 Kawasaki
5- Stu Avant, 500 Suzuki
6- John Woodley, 500 Suzuki
7- Warren Willing, 750 Yamaha
8- Trevor Discombe, 750 Yamaha
9- Hideo Kanaya, 750 Yamaha
10-Rick Walden, 750 Yamaha


Wanganui

Race 1

1- Jeff Sayle, 750 Yamaha
2- Greg Hansford, 250 Kawasaki
3- Graeme Crosby, 1000 Kawasaki
4- Murray Sayle, 750 Kawasaki
5- Rodger Freeth, 750 Yamaha
6- John Woodley, 500 Suzuki
7- Trevor Discombe, 750 Yamaha
8- Warren Willing, 750 Yamaha
9- Hideo Kanaya, 750 Yamaha
10-Ray Quincey, 750 Yamaha

Race 2

1- Greg Hansford, 250 Kawasaki
2- Jeff Sayle, 750 Yamaha
3- Graeme Crosby, 1000 Kawasaki
4- Warren Willing, 750 Yamaha
5- John Woodley, 500 Suzuki
6- Murray Sayle, 750 Kawasaki
7- Stu Avant, 500 Suzuki
8- Rodger Freeth, 750 Yamaha
9- Gary Coleman, 500 Suzuki
10-Hideo Kanaya, 750 Yamaha


Timaru

Race 1

1- Jeff Sayle, 750 Yamaha
2- Warren Willing, 750 Yamaha
3- Murray Sayle, 750 Kawasaki
4- Hideo Kanaya, 750 Yamaha
5- Wes Cooley, 750 Yamaha
6- Ray Quincey, 750 Yamaha
7- Rick Perry, 750 Kawasaki
8- Trevor Discombe, 750 Yamaha

Race 2

1- Jeff Sayle, 750 Yamaha
2- Wes Cooley, 750 Yamaha
3- Warren Willing, 750 Yamaha
4- Stu Avant, 500 Suzuki
5- Murray Sayle, 750 Kawasaki
6- Ray Quincey, 750 Yamaha
7- Hideo Kanaya, 750 Yamaha
8- Rick Perry, 750 Kawasaki
9- Chas Mortimer, 350 Yamaha
10-Paul Mac Lachlan, 750 Yamaha



Ruapuna

Race 1

1- Jeff Sayle, 750 Yamaha
2- Wes Cooley, 750 Yamaha
3- Murray Sayle, 750 Kawasaki
4- Trevor Discombe, 750 Yamaha
5- Warren Willing, 750 Yamaha
6- Hideo Kanaya, 750 Yamaha
7- Paul Mac Lachlan, 750 Yamaha
8- Stu Avant, 500 Suzuki
9- Graeme Crosby, 1000 Kawasaki

Race 2

1- Ray Quincey, 750 Yamaha
2- Murray Sayle, 750 Kawasaki
3- Warren Willing, 750 Yamaha
4- Paul Mac Lachlan, 750 Yamaha
5- Rodger Freeth, 750 Yamaha
6-Graeme Crosby, 1000 Kawasaki


Overall Series Results :

1 - Jeff Sayle
2 - Murray Sayle
3 - Warren Willing
4 - Hideo Kanaya
5 - Trevor Discombe
6 – Ray Quincey
7 – Wes Cooley
8 – Rick Perry
9 – Greg Hansford
10- Graeme Crosby
11- Paul Mac Lachlan
12- Stu Avant






#410 peterd

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Posted 11 October 2010 - 20:29

Bernie Summers provided this Marlboro Series link.

Starts with what sounds like an Avant chat-up line :lol:



#411 Hasselhoff

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Posted 12 October 2010 - 02:16

The very first post in this thread has that link there already. :up:

#412 peterd

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Posted 12 October 2010 - 03:53

old age :blush:

#413 Hasselhoff

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Posted 13 October 2010 - 16:56

Found this one on the net.....

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While these next 2 really capture the spirit of the series IMO.

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#414 stuavant

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Posted 13 October 2010 - 19:44

Found this one on the net.....

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While these next 2 really capture the spirit of the series IMO.

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I think thats me and Tommy McCleary in the background so it must be Tommys Yamaha in ChCH. Also Andy Mckewan talking to VC. Bottom shot maybe Lionel Angel with Kenny who at one point was Chas Mortimers mechanic, all round good guy, and still owns his Aermacchi 350 he picked up new from the Factory. Lives up near Gosford in NSW

#415 philippe7

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Posted 13 October 2010 - 21:18

Top picture being of course Randy Cleek who took part in the 74/75 series and finished second to Pat Hennen in the final standings . Randy lost his life in a car accident after the 1977 Imola 200 , together with Kurt Kiefer of Bel-Ray who also visited NZ for the Marlboro Series and appears in a few pictures in this thread.

#416 vc1954

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Posted 14 October 2010 - 00:05

The chap standing next to Blakey was my mechanic at the time....Don Billinghurst. :smoking:

#417 robinmck

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Posted 17 October 2010 - 00:45

Not actually Marlboro series, but the TZ was raced in the series. I was going through my old photo album last night, and found this photo I had taken at Ruapuna in about 1981. I can not recall the name of the owner, apart from his first name was Al and he was one of the owners of Hornby Yamaha at the time
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Edited by robinmck, 17 October 2010 - 00:50.


#418 skeeternz

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Posted 21 October 2010 - 07:36

Here is a photo of mine of Vaughan Coburn at Puke. Nice paintwork!

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#419 philippe7

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Posted 21 October 2010 - 09:20

Who's that in the background with the "Pepsi" leathers ? I never knew Pepsi-Cola sponsored anybody "locally" , that is until their world championship level deal with Suzuki, Kevin Schwantz, Kenny Irons and then Ron Haslam in 1987/1988 or something ? Looks like NZ was ahead of its time in sponsoring/corporate attire terms, there again...


edit : just noticed the Pepsi signage on Ken Blake's bike a few posts earlier....so I guess that would be him ? So, I'll rephrase my post "OZ" was also ahead of its times etc etc....

Edited by philippe7, 21 October 2010 - 09:24.


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#420 Hasselhoff

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Posted 21 October 2010 - 09:25

Ron Boulden wore Pepsi leathers in Oz in 78/79 so I reckon it's him. Wellbank logo on his left shoulder too. He competed in the 350 Marlboro Series in 77/78. I reckon that's his mum Moyna with her hand on the seat too.

Edited by Hasselhoff, 21 October 2010 - 09:30.


#421 stuavant

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Posted 21 October 2010 - 10:15

Ron Boulden wore Pepsi leathers in Oz in 78/79 so I reckon it's him. Wellbank logo on his left shoulder too. He competed in the 350 Marlboro Series in 77/78. I reckon that's his mum Moyna with her hand on the seat too.

Thinking the same but I cant remember Ron being there? Old age, JD?

#422 stuavant

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Posted 21 October 2010 - 10:15

Ron Boulden wore Pepsi leathers in Oz in 78/79 so I reckon it's him. Wellbank logo on his left shoulder too. He competed in the 350 Marlboro Series in 77/78. I reckon that's his mum Moyna with her hand on the seat too.

Thinking the same but I cant remember Ron being there? Old age, JD?

#423 vc1954

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Posted 21 October 2010 - 20:56

Ron Boulden wore Pepsi leathers in Oz in 78/79 so I reckon it's him. Wellbank logo on his left shoulder too. He competed in the 350 Marlboro Series in 77/78. I reckon that's his mum Moyna with her hand on the seat too.



That pic is not Marlboro Series at all. This was a one off meeting at Puke in December 78 and was named "Coca Cola International". The Marlboro series finished the year before..... I went there with Kenny Blake the week after the last Swann Series round at Sandown.
That is Ron Boulden in the Pepsi leathers. I was lucky enough to win both the 350 and 500 races cos Stavros Parrish and John Woodley had a coming together in the esses and the race was stopped due to the oil dropped. The pic is one of the few shots that I have seen with the "red girls". I still have that fairing but just need a bike to put it on :wave:

#424 philippe7

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Posted 21 October 2010 - 21:23

Thanks for clarifying this Vaughan. I was actually quite puzzled since neither the fairing paint job , nor the number plates style, seemed to fit with the other pictures we had seen so far from the Marlboro Series.


edit : I wonder what the meeting's sponsors thought about Ron Boulden's attire..... :lol:

Edited by philippe7, 21 October 2010 - 21:26.


#425 skeeternz

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Posted 02 November 2010 - 08:34

After much searching through old magazines I have found the article on John Boote and the Suitcase Caper as mentioned earlier.

A couple of other points of interest. I recently visited the Australian Motorsport Museum by the Bathurst Racetrack. They have most of Greg Hansfords Kawasakis and TZ750 on display as well as many others like Wayne Gardners NS500. Well worth a visit.

Also Graeme Crosby has a new autobiography out this month called Croz - Larrikin Biker. Looks like a lot of Marlboro series info and pics in it.

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#426 marlboro2013

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Posted 14 December 2010 - 09:57

Guys Phillip Morris are trying to stop us using Marlboro in the Reunion name , I copied the letter so you can have a read , can ya believe these guys !

Mick

SFL03(3209297_1):STA
9 November 2010
BY EMAIL To: jonwhitehouseofspeed@hotmail.com
cc: mick.ruane@honda.co.nz
Attention: Mr Jon White
CONFIDENTIAL COMMUNICATION
Dear Mr White
Philip Morris Products S.A.
Our Ref : 987337:SDW
We act on behalf of Philip Morris Products S.A.
As you are aware, our client has for many years manufactured and sold throughout the
world, including in New Zealand, cigarette products under or by reference to the trade mark
“MARLBORO” and the associated “Roof Top” Device.
Our client is also the proprietor of numerous trade mark registrations in New Zealand for and
including the trade mark “MARLBORO” and the “Roof Top Device”. Those registrations
include those identified in the attached schedule marked “A”.
Our client was also previously associated with the promotion in New Zealand of its above
cigarette products by means of a number of activities.
As a result of its activities, our client now enjoys a substantial reputation and goodwill in its
“MARLBORO” and “Roof Top” Device trade marks in New Zealand.
It has recently come to our client’s attention that you are promoting a motorcycle event
described as a “reunion” and entitled “Marlboro Series International Motorcycling” to be held
on 5-6 January 2013 at Raupuna Park in New Zealand (“Offending Motorcycle Event”)
and, in that connection, that you are distributing posters or advertisements in the form
attached and marked “B” (“Offending Advertisement”). We are instructed that neither our
client nor its associated companies have licensed or authorised the Offending Motorcycle
Event or the use of our client’s respect trade marks in the Offending Advertisement.
Ms Nerida White of our client’s associated company, Philip Morris Limited, has by email to
you dated 30 September 2010, written to you in connection with the Offending Motorcycle
Event and requesting your assurance that the event will not use the “MARLBORO” trade
mark or the representation of “MARLBORO” cigarettes or any other trade mark indicia
Mr Jon White Our Ref: 987337:SDW
SFL03(3209297_1):STA Page 2 SPRUSON & FERGUSON LAWYERS
suggesting any association with our client, their associated companies or their respective
products.
We are instructed that no response has been received from you.
It is our client’s position that the Offending Motorcycle Event and, in that connection, your
distribution of the Offending Advertisement, may infringe, pursuant to the provisions of
Section 89(1)(d) of the Trade Marks Act 2002, one or more of our client’s New Zealand trade
mark registrations. It is also our client’s position that such conduct is a deliberate attempt to
pass off the Offending Motorcycle Event as having been licensed or authorised by our client
and that such conduct constitutes misleading and deceptive conduct in breach of the Fair
Trading Act 1986.
The remedies available to our client include:
an injunction;
either damages or an account of profits;
delivery up for destruction; and
costs.
Accordingly, our client has instructed us to demand from you the following written interim
undertakings:
1. Forthwith by yourself, your servants and agents to cease all use of all or any of our
client’s trade marks (including, without limitation, our client’s “MARLBORO” and
“Roof Top” Device trade marks, together with the words “Marlboro Series
International Motorcycle”, “Marlboro Sport” and any representation of our client’s
“MARLBORO” cigarette pack) in connection with the Offending Motorcycle Event and
otherwise to cease making all further representations and engaging in any conduct
which falsely suggests either that our client, or any of its associated companies, is in
any way licensing or authorising that event; and
2. Forthwith to deliver up to us for destruction all copies of the Offending Advertisement,
together with all other promotional materials containing reference to the Offending
Motorcycle Event or to any of our client’s above described trade marks.
The above undertakings may be given by your signing, dating and returning to us the
enclosed copy of this letter.
In the event that you fail to provide the above undertakings or fail to honour them once
given, our client reserves the right to take such further action as may be required against you
without further notice.
Yours faithfully
SPRUSON & FERGUSON LAWYERS
Simon D Williams
BA LLB(Syd) LLM(Lond)
Principal
simon.williams@sprusons.com.au
Encls:


#427 philippe7

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Posted 14 December 2010 - 10:34

Since they suggest it, promise them a large percentage of the "profits"....they'll probably end up footing a large share of the bill..... :drunk:

Seriously though, I guess those lawyers are paid a permanent fee by PM to chase potential "trade mark infringments" and that you are just one of many recipients of their readymade letters.....but I do feel however that a direct discussion with the appropriate authorities of Philip Morris in NZ , explaining the history of the series ( that the youngsters in charge are probably not aware of ) and your revival meeting project, would have been a good idea .... BEFORE the lawyers kicked in. Anyway, I would have thought that in those times of strict anti-tobacco advertising rules, they would have been more happy than aggrieved to get free brand exposure....or is it precisely this "no advertising" rules ( if applicable in NZ ) that motivate their actions ?

#428 GD66

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Posted 14 December 2010 - 10:37

I would have thought they'd be tripping over themselves at the opportunity to get exposure for their company, their product, and their poxridden Rooftop Logo (snore...) when all round the world they struggle to get coverage in spite of the big bucks they obviously stll pour into motorsport. What a miserable effort ! Reflects the cat's-bum, litigation-beset world in which we now live. Prats !


On a brighter note, did anyone notice : John Woodley's back ! Had a 3rd and a 4th last weekend in Bears on a R312 MV Agusta at Hampton Downs after nearly 30 years away. Well done, John. :clap:

#429 peterd

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Posted 14 December 2010 - 11:13

Could we get away with the word Marlborough, the spelling some newspapers used at the time?

And we would, of course be referring to and celebrating the wonderful series of corners that made up the old Hawkesbury circuit in Marlborough.





#430 GD66

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Posted 14 December 2010 - 11:15

Excellent wheeze, Peter !

#431 Patrick Fletcher

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Posted 14 December 2010 - 11:32

Brilliant - if you need extra help on the ground or in the board room, please let me know by pm
Cheers

#432 peterd

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Posted 14 December 2010 - 11:49

Now here's another Marlboro Series for the lawyers to get their heads around. From the National Cooperative Soil Survey: :lol:


MARLBORO SERIES
The Marlboro series consists of very deep, well drained, moderately permeable, clayey soils that formed in marine sediments. Slopes range from 0 to 15 percent.


#433 marlboro2013

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Posted 14 December 2010 - 18:43

tim Hanna sent this to Phillip Morris

Dear Simon,
I am interested party in the reunion being planned to celebrate the historic race series that is the subject of your email to Jon White.
It is obviously ironic that a cigarette company would shun such great promotional exposure in this day and age but stranger things have happened.
I am reasonably certain that having put their name to the event being commemorated in the first place your client can hardly now stuff the genie back in the bottle and essentially rewrite history by refusing to acknowledge their previous connection to it. However I suppose they could waste a lot of time and money trying to sue a few mainly poor motorcycle enthusiasts to achieve a lot of really negative publicity that I for one would be happy to promote.
There is very little that the cigarette industry can claim to have contributed in a positive way to life in general and it seems almost perverted to take the attitude your client is taking to this extremely positive event.
I would respectfully suggest that Ms Nerida White needs to consult with corporates higher up the food chain as her attitude seems frankly incomprehensible.
Yours sincerely
Tim Hanna
Author.

#434 marlboro2013

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Posted 14 December 2010 - 18:46

Jon white sent this .... you gotta love it

dear Symon,all i'm going to say is, dont enter a pissing competition with a skunk,what size are you?I'll send you a teeshirt.Jon White


#435 peterd

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Posted 14 December 2010 - 19:15

:rotfl: :rotfl: :rotfl: :rotfl:

#436 Herr Wankel

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Posted 14 December 2010 - 19:58

Jon white sent this .... you gotta love it

dear Symon,all i'm going to say is, dont enter a pissing competition with a skunk,what size are you?I'll send you a teeshirt.Jon White

I nearly pee'd myself laughing at that one.And nice one from Tim too. :up: :clap: :rotfl:
HW

#437 picblanc

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Posted 14 December 2010 - 20:03

Great reply Tim!! I cant believe where they are coming from!!? :well:

#438 exclubracer

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Posted 15 December 2010 - 02:38

:wave: Great stuff guys!! :up: Keep it coming!!

#439 peterd

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Posted 15 December 2010 - 08:22

I couldn't resist, so this morning sent the following to Marlboro's lawyer, Simon Wlliams.

Oh, dear. How can you get things so wrong. By all means protect your corporate identity, but, please, look into the history of the Marlboro Series and its legacy before attempting to seal the fate of a reunion under tonnes of legal concrete.

It was perhaps one of the great positive involvements Phillip Morris ever had in this part of the world. The series is remembered fondly, not only for what it did to put NZ motorcycling on the world map. but for the launch pad it provided for so many careers.

Threats of legal action do you or your client no favours. Even lawyers, try as they so often might, cannot rewrite history.

The Marlboro Series happened. Those involved enjoyed it so much they want to get together and celebrate it. The reunion is going to happen, so why not reconsider your stance and look at the positives.

Otherwise, all you are going to do is tie up a lot of your time and spend a pile of your client's money in the pointless, and ultimately, negative pursuit of nothing. No money, no good publicity...and no free T shirt.


Simon Williams (Simon.Williams@sprusons.com.au for those who would like to send a comment) responded and, yes, it would appear they are trying to bury history and pretend the Marlboro Series never happened. So I asked him to clarify the following:

Just so this is clear. What you are saying is:

1/ the event cannot be referred to as "The Marlboro Series reunion"
2/ Phillip Morris, Marlboro and its subsidiaries have registered proof they hold the rights to the term "Marlboro Series"
3/ No further reference can be made in any form of media to the term "Marlboro Series"

No doubt Jon will be more forthright in his reply.

More tomorrow, no doubt...


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#440 marlboro2013

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Posted 15 December 2010 - 09:26

Great work Peter , they are reading comics if they think they can stop the reunion , it was the Marlboro Series and thats it.; They had mini skirted chicks giving out 3 packs off smokes , i know, I was smoking them like fuses at Gracefield when I was 15 ... back then thats how it was , a corporate lawyer cannot rewrite history .... the show will go on !

Edited by marlboro2013, 17 December 2010 - 18:18.


#441 fil2.8

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Posted 15 December 2010 - 09:30

What a sad state of affairs , you could not make it up :cry: :well:

#442 marlboro2013

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Posted 15 December 2010 - 09:44

Jon got this today ................... whats this guy on ?


SFL03(3212457_1):STA
15 December 2010
BY EMAIL To: jonwhiteshouseofspeed@hotmail.com
cc: timhanna@maxnet.co.
Attention: Mr Jon White
CONFIDENTIAL COMMUNICATION
Dear Mr White
Philip Morris Products S.A.
Our Ref : 987337:SDW
We refer to your e-mail dated 10 December 2010. We also refer to the e-mail of the same
date from Mr Hanna (in response to our letter dated 9 November 2010 and in relation to
which he indicates himself to be an “interested party”) and the e-mail dated
15 December 2010 from Mr Donaldson.
Our client’s position remains as indicated in our letter to you dated 9 November 2010, the
contents of which are entirely consistent with Ms Nerida White’s e-mail to you dated
30 September 2010. We further note that our client’s concerns as to the Offending
Motorcycle Event (as referred to in our letter to you dated 9 November 2010) primarily relate
to misleading and deceiving third parties into the mistaken belief that our client is licensed or
otherwise associated with that event. Those concerns presumably echo the reason why you
contacted our client’s Australian subsidiary in August 2010 about that event.
The unauthorised use of our client’s trade marks in connection with the Offending Motorcycle
Event is, as indicated in our above letter, in breach of our client’s rights and indeed may well
be contrary to applicable tobacco legislation in New Zealand. As no doubt you are well
aware, the circumstances referred to in Mr Hanna’s e-mail and which may have pertained to
the sponsoring of the original motorcycle event many years ago (and indeed previous
tobacco advertising generally) have been the subject of significant change over the years.
All such advertising is now prohibited and our client is obliged, as are you, to comply
accordingly.
We trust, in the circumstances, that you will understand our client’s position and that you will
provide and honour each of the undertakings as sought in our letter dated 9 November
2010. Your co-operation would be appreciated.
In the absence of receiving such co-operation, however, our client may have no alternative
other than to take the matter further.
Mr Jon White Our Ref: 987337:SDW
SFL03(3212457_1):STA Page 2 SPRUSON & FERGUSON LAWYERS
Our client trusts, however, that step will not be required.
We look forward to hearing from you.
Yours faithfully
SPRUSON & FERGUSON LAWYERS
Simon D Williams
BA LLB(Syd) LLM(Lond)
Principal
simon.williams@sprusons.com.au

Edited by marlboro2013, 15 December 2010 - 17:13.


#443 Herr Wankel

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Posted 15 December 2010 - 10:17

**** it sometimes its good getting old!!.. I understan d there concrns, lets rename it the Luncance Series?

Sounds like their shitting themselves about the possibility of an even bigger court case!Have they trade marked a mirror image of the logo I wonder (oroblram)?
HW (or WH)

Edited by Herr Wankel, 15 December 2010 - 10:19.


#444 Cstonerfan

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Posted 15 December 2010 - 14:31

Posted Image
Posted Image
2 bad shots of Gregg Hansfords bikes on display at bathurst national museum in 2007
Like a fellow poster stated well worth a visit if they are still there.

#445 peterd

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Posted 16 December 2010 - 05:44

Well, it's happened. Here's confirmation Phillip Morris and their lawyers are trying to rewrite history. This just in...

On 16/12/10 3:43 PM, Simon.Williams@sprusons.com.au wrote:
Our Ref: 987337:SDW

Dear Mr Donaldson

Thank you for your e-mail dated 15 December 2010.

I assume that you are speaking on behalf of everyone responsible for the "MARLBORO SERIES INTERNATIONAL MOTOR CYCLING" event the subject of our letter dated 9 November 2010 to Jon White and therefore you are speaking on behalf of at least Jon White (who originally approached our client) and Tim Hanna (who subsequently wrote to us about the matter).

In essence, what our client is saying is that based upon both its trade mark rights and applicable tobacco legislation in New Zealand:

1. The event cannot be referred to as the "MARLBORO SERIES INTERNATIONAL MOTOR CYCLING ... Reunion ..." or otherwise use the "MARLBORO" trade mark, the "Rooftop" device or our client's other trade mark indicia (including the "MARLBORO" pack device);

2. Our client is the owner of all relevant trade mark rights in New Zealand relating to the "MARLBORO" and "Rooftop" device trade marks;

3. No further reference should be made in any form of media to the term "MARLBORO SERIES" (or otherwise use the "MARLBORO" trade mark) or our client's other trade mark indicia (including the "MARLBORO" pack device and the "Rooftop" device).

In light of the above, please confirm your position and confirm whether, in order to finalise the matter, you and the individuals referred to above are willing to provide the undertakings sought in our letter dated 9 November 2010.

If those undertakings are provided and honoured, we are instructed that our client will not take the matter further

In the meantime, however, our client's rights are fully reserved.
Yours sincerely
Simon D Williams
Principal
Spruson & Ferguson Lawyers
Intellectual Property and Commercialisation
Lv35/31 Market Street, Sydney NSW 2000, Australia
Mail : GPO Box 3325, Sydney NSW 2001, Australia
Tel: +61 2 9393 0300
Fax: +61 2 9267 9974
Email: Reply to sender or mail@sprusons.com.au

And my reply...

I am not speaking on behalf of, nor representing, anyone associated with the M******* Series reunion. My questions to you were those of a concerned individual.

You have clarified my worst fears; you and your clients Phillip Morris are trying to rewrite history.

Your stance is both unrealistic and unenforceable. And laughable.

Nevertheless, now you have brought your position to public attention, I look forward to noting the resulting publicity as you and your associates attempt to enforce this dictate on the owners of vehicles that once carried M******* sponsorship.

Perhaps you would like to start with the M******* McLaren Formula One cars, then move on to the M******* Yamahas. Or perhaps you could start closer to home and ensure all those M******* Holden Dealer Team cars are repainted.

Good luck.



#446 philippe7

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Posted 16 December 2010 - 06:42

3. No further reference should be made in any form of media to the term "MARLBORO SERIES"


:eek: Dammitt....maybe as the originator of this thread , and thus responsible for its title, I'm soon going to be chased by P.M.'s lawyers ! Moderator, please, urgently change the thread title to "The New Zealand M....... Series"

Seriously though, as far as I know the matter hasn't been brought up on TNF or other Autosport bulletin boards yet, but I can tell you that in France for instance, this no-tobacco advertising laws are creating a total paranoïa, to the extent that the forum called Autodiva , set up a while ago by occasional TNF contributor ( and historic single-seater racer) Gérard Gamand, has been threatened to such an extent by anti-tobacco lobbyist that after having taken legal advice , Gérard has asked his forum's contributor to refrain from posting period pictures ( yes, not recent photos, but pictures taken at the time ! ) of cars painted in tobacco liveries !!!! hence, out with the Ligier-Gitanes, Gold Leaf or JPS Lotuses, M...... BRM's and Mc Laren's and Iso-M.......... , etc......

So the matter shouldn't be taken too lightly, I fear that rather than the trademark protection ( why would any brand refuse free exposure ? ) the real motives behind P.M's actions might be along the tobacco advertising rules .

#447 skeeternz

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Posted 16 December 2010 - 08:49

Marlboro do hold the rights to the name and logo - its a fact of life. Any company protects its brand which are valued at millions. The tobacco advertising laws have changed. How about the New Zealand International Motorcycle Series of the 70's? Drop the Marlboro name altogether and just use a red box at the top of the advertising.

Yes the Hansford bikes are still at the Bathurst Museum!

#448 Redneb

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Posted 16 December 2010 - 09:08

My under standing of the current NZ laws is that using the name Marlboro in the title would be illegal. They are draconian laws. Read the Act. I tried to do some promotional work once for a cigar bar on Princes Wharf in Auckland and quickly came to the realisation that, apart from a sign over the door, no form of marketing or public relations was allowed.This included news stories in newspapers, as I thought editorial would be a way around the anti smoking laws. Had to walk away from a good budget, darnit.

It's a pity the name Marlboro series became shorthand for those years of wonderful racing but there it is.

Perhaps the forum members could assist with some suggestions, as Philippe has done, about how the reunion organisers could promote the reunion without using the brand and logos. The minute the lawyers get involved, and by the letters received it's clear they will unless the organisers stop using the words and "devices," the numbers start multiplying rapidly. The fag companies don't have much to spend their filthy lucre on these days...

My suggestion - call it the International Series Reunion. Then in the correspondence (letters, emails etc) say it commemorates and celebrates the racing, machinery and people who took part in the Marlboro Series in the 70s. This separates the current event from the Marlboro Series of the 70s, makes it clear it is not a "Marlboro Series Reunion" but links the two together from an emotive point of view. JM2C worth.

Edited by Redneb, 16 December 2010 - 09:20.


#449 Hasselhoff

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Posted 16 December 2010 - 09:38

My suggestion is contact your own lawyer.

#450 philippe7

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Posted 16 December 2010 - 09:51

I'm afraid I sympathise with redneb's advice - as much as I hate to, as a M.... series enthusiast, but it just so happens that, although I never practised the subject , my formal university training was in law and the fact is that the replies by Jon, Chris, Tim or Peter, as valuable as they may be from a "facts" and "commonsense" point of view, would not carry much weight in front of the Philip Morris lawyers position. We're in a different world altogether folks, and as much as we would like to, a "bugger off" reply to their warnings is not bound to be profitable in the long term

If it were only trademark protection issues, maybe it would be worth a gamble along the lines "they're not going to sue us 'cos it's not worth the expense" , but if tobacco advertising rules are in the equation, then we (you) need to be careful

I hope this makes sense, if it doesn't please remember I'm not a native english speaker and forgive me .

There's a professional lawyer by the username ensign14 on the car TNF forum, maybe I'll PM him and ask for his advice ?