XTMS NOW = ETMO!!!
Extreme Motorsports of California, Inc. Confirms Symbol, CUSIP Change and Trademark Protection Strategy
New Ticker Symbol Is Part of Novel Branding and Copyright Protection Program to Include Piracy Protection of Shares of the Company's Common Stock
Extreme Motorsports of California, Inc. (PINKSHEETS: ETMO) (PINKSHEETS: XTMS) ("Xtreme" or the "Company"), has initiated a full program to promote its brand identity and associated trademarks. Soon, the Company will release, both on its website and at its corporate and dealer locations, new branding and corporate identity materials that are being registered with the United States Patent and Trademark Office. As a result of promoting its corporate identity and protecting its intellectual property, the Company now has the right to limit the unauthorized sale of its shares of common stock.
The overall strategy is designed to protect shareholders from purchasing shares from naked short sellers, which the Company believes may be counterfeit and violate copyright and trademark protection laws. The Company intends to pursue those who wrongfully "naked short sell" its common stock to the extent that the common stock of the Company is now part of its intellectual property portfolio.
Since February 2007, the Company has been working with its corporate and securities counsel to develop a means of protecting its brand and corporate identity, including stock certificates, under U.S. Code, Title 15, Chapter 22 - Trademarks and Title 18, Part I, Chapter 113 - Stolen Property.
From a civil law perspective, violations under these laws provide for the recovery of the violator's profits, damages caused by infringement of the trademark and the costs of prosecuting the violation. The statute also provides for treble (three times) profit or damages, whichever is greater, when the violator knowingly uses the pirated mark in connection with a profit-seeking activity. If a trademark infringement is indeed confirmed by final judgment by a trial court, the holder of the trademark can elect to recover up to $1,000,000 per counterfeit mark if "the court finds that the use of the counterfeit mark was willful."
From a criminal law perspective, trafficking in counterfeit trademarks carries potential fines up to $2,000,000 and/or imprisonment of not more than 10 years for an individual and fines up to $5,000,000 for violations by companies. In the case of multiple convictions, the fines and imprisonment double for individuals and fines triple for companies.
As part of this program, the Company has developed a new certificate which contains both trademarked identity and copyrighted materials. To ensure it would be able to avail itself of the highest level of protection, Xtreme applied for a new CUSIP number, the standard numbering system developed for all U.S. debt and equity securities. This new CUSIP number for the Company's common stock necessitated a corresponding ticker symbol change. As of May 21, 2007, Extreme Motorsports of California, Inc. will trade under the symbol "ETMO."
James A. Reskin, General Counsel of the Company stated, "The Company can now claim that its materials are subject to copyright as well as trademark protection and intends to enforce its rights under these laws. Legitimate buyers of the Company's common stock will not be affected, including those who buy and sell electronic representations of our copyrighted and trademarked common stock.
"However, those entities who sell stock purported to originate from the Company but which does not, in fact, originate from the Company, may be selling counterfeited and pirated copies of copyrighted or trademarked materials. Therefore, whether due to illegal naked short selling or issuance of counterfeit securities, the Company intends to pursue the unauthorized duplication of its trademarked materials and believes that the remedies available under intellectual property laws should allow us to pursue violators in criminal and civil proceedings for the benefit of all of the Company's shareholders."
Xtreme will update shareholders regarding any future legal proceedings the Company may undertake to protect its copyrighted and trademarked common stock.
About Extreme Motorsports of California, Inc.
Extreme Motorsports of California, Inc., operating under the trade name "Xtreme Motorsports," is a manufacturer of custom and production-line sandrails, desert and dual sport racecars. Founded in 1983, Xtreme's sandcars have been sold to customers in England, the United Arab Emirates, Australia, South America and the US. For more information, visit the corporate web site www.xmssandcars.com