AJ ENTERPRISES

[Charles Warner]

Warning! AJ Enterprises of Salinas accepted a $400 deposit on a nose for my Shadow. He then said that Don Nichols refused to allow him to make a nose (proprietary rights!) yet he will not refund the money. Numerous phone calls, registered letters, and even a few viasits from a friend who works in the same complex. NO HELP. Beware! Now I hear he is getting ready to retire.

[Rick Kirchner]

I can't see how Don Nichols could have any remaining rights to a 30 year old design. Didn't Shadow sell out to ATS which sold to????

[Charles Warner]

Shadow was bought by Teddy Yip from Hong Kong and that became Theodore Racing. Don Nichols kept a bunch of the earlier cars and stuff and has control (at least in his mind) of the molds and proprietary parts. He apparently has directed AJ Enterprises not to make any more noses. He wants the revenue.

[Stan Clayton]

Not to defend anybody, Rick, but if Nickols owns the mold (even if it's kept at AJ's shop), then he determines who can use them and for what. At least that's the way I run my composites shop. I have customer-owned molds here and would not think of making a part from them for anyone but the owner unless he gave his okay. Stan

[Brian]

I get the impression the point is less the refusal to make the part, and more the keeping the deposit when it turned out he couldn't make the part. Nichols refusing to allow his mold to be used - no problem with that (if that's what actually happened). Keeping the deposit money when you can't - for whatever reason - perform the contracted task - that's a problem.

Brian

[Charles Warner]

Brian,

You are exactly correct. If the owner of the mold chooses not to allow the shop to make me a copy - EVEN THOUGH Don Nichols promised me full parts support when I bought the car from him! - that's another story - he has the right to do so and, as Stan points out, the shop has the responsibility of respecting his desires. The shop, however, does not have the right to keep my deposit, or refuse to communicate with me.

[Rick Kirchner]

I didn't think of the mold-ownership angle. I was thinking strictly in terms of IP. If it was never patented or copyrighted, it becomes a trade secret, which the owner has to take reasonable assurances to prevent disclosure. Selling parts that are easily reverse-engineered pretty much voids that!