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incorporated any of the specific concepts promoted in the 1994
and 1995 materials.
Moreover, two of the proposals contained in the record,
those related to the motorcycle-powered vehicle and the sports
car for China, set forth a plan or integrated step labeled
“marketing”. The activities described thereunder include the
creation of a brand identity encompassing logo, badge, and
official colors; the development of sales and distributions
networks; the preparation of marketing materials such as
brochures, CD/DVDs, and videos; targeted advertising campaigns in
television and print media; introduction of vehicles at
automobile shows; provision of loaner vehicles to driving
schools; and consideration of a motorsports program to build
brand awareness and prestige. Again, the evidence does not show
that the Shrike Cars vehicle venture ever reached a stage with
respect to any product that included similar comprehensive
efforts that would correlate with these descriptions of a
marketing program.
The sole item related to the Shrike name that the evidence
could suggest was commercially marketed prior to 1996 was a line
of auto care products. Petitioners introduced a picture of a
bottle of “Shrike Coach Wash”, and Mr. Weaver testified: “we
have been selling, since 1996, automotive-care products and
they’ve gone under a variety of names, one of which was Shrick
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