Updated 3rd November 2015
Today many companies are trying to rewrite history and alter the truth. As Hitler, Lenin, Mao and others used propaganda for political goals corporations now control images for commercial purposes. We are on the verge of a new world in which objective facts can be altered in the name of public relations. There are companies larger than states. The media is the most powerful entity in the world, they have the power to make the guilty innocent and the innocent guilty and that is power because they control the minds of the masses. (Malcom X 1925-1965)
Our former distributor Mr Levy has understood this very well and is using a “public” forum “ATOC” and his website to spread malicious lies with the purpose to harm our business and reputation and enhance his own. The ATOC forum is controlled by Mr Levy with an iron grip and does not allow any topic to be discussed or opinion expressed that he does not approve of under the adage “If you repeat a lie long enough people will start believing it” (Mr Levy’s own words).
On this website, which is our property since the beginning of Ace Trains, we shall respond to these allegations and lies by presenting facts so that the reader may form his own opinion.
It will be a work in progress to be updated continuously and finally tell everything what there is to tell.
The first installment see below, others will follow shortly.
For those readers interested in the history and some back ground please see "History"
ACE Trains ™
ACE Trains India Pvt. Ltd
ACE Trains (Thailand) Co., Ltd
Statement of Mr Levy :
From the Ace Trains website www.acetrainslondon.com 01-11-2015 :
He (i.e. Andries Grabowsky sic) is still trading in the UK using much of our former tooling and in breach of copyright using images of our former A4 production.
Our Reply :
Regarding tooling and the Brand Name see below.
Regarding the copyright all products made, designed and manufactured by us are our copyright, whether sold as Darstaed or Ace Trains. In no way has Mr. Levy been involved in the design or manufacturing process nor has he paid any of the expenses towards it. All our products are registered copyright in the EU. For the Ace A4 alone 193 designs and drawings were registered. Mr Levy will not be able to show a single drawing or design made by him or his company.
Whereas Mr Levy may have obtained from the authors the copyright on all the books he did not write himself, in train manufacturing it is different. We design, we manufacture, we own the copyright. To claim copyright on our designs is impostrous.
Detailed below are some excerpts from the relevant sections of Law and the agreements that deal with the joint ownership of the Trademark (TM) and the tooling.
Re Trade Mark :
The relevant section of The Trade Mark Act is Sec. 24 that says :
Sec. 24 (TMA) Assignment, of a registered trade mark
(1) A registered trade mark is transmissible by assignment, testamentary disposition or operation of law in the same way as other personal or moveable property.
(3) An assignment of a registered trade mark, or an assent relating to a registered trade mark, is not effective unless it is in writing signed by or on behalf of the assignor or, as the case may be, a personal representative.
This means that we are the joint owners of the ACE Trains Trade Mark since 28th of March 2001 whether registered by the Trademark Registry or not.
Re Tooling :
“Jointly Owned Tooling – The general position under English law where two parties have agreed to jointly own tooling is indeed that both parties have an equal right to posses and use the tooling without accounting to the other.”
Besides the attached agreements below Mr Levy states in his newsletter No 3, page 9 : “Physical assets such as tooling are owned by the ACE Electric Train Company and Vintage Trains Ltd.” reconfirming the agreement that the tooling is jointly owned.
Any tooling is in our care, well maintained and unaltered.
We have offered Mr Levy to ship the tooling to him but he declined. Mr Levy is free to order from us any product made with the jointly owned tooling at nominal cost provided he pays for the components previously made with this tooling. However Mr Levy declined to pay his outstanding invoices.
Mr Levy has repeatedly stated in public and continues to tell his audience that we would have sequestered “HIS” tooling that we use “HIS “tooling without “HIS” prior permission thereby suggesting we are infringing on his rights. The truth is we do not need his permission to use anything that is jointly owned, be it the tooling or the Trademark.
Mr Levy has even gone so far to write to all our distributors that he would consider any product made using “HIS” tooling as stolen property. Needless to say Mr Levy’s bullying fails to impress anyone.
Malicious slander is a form of unfair competition that is unethical and contemptuous. Making unlawful threats is a crime.
As the law speaks for itself we do not find it necessary to discuss Mr Levy’s allegations and claims regarding jointly owned tooling any further.
The Court Case :
To be continued …