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Old 03-30-2012, 08:21 AM   #1 (permalink)
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Questions about the rules of resale and copyrights

I've been searching for a while, hopefully someone can at least point me in the right direction. I've also searched on other sites.

What are the rules/laws of what types of items can be cut for resale ? Obviosly if I create some type of sign in my head I can cut and sell that. Not copied signs like the gun signs that you see, or signs that say - insert car manf here "________ parking only" Since you can already buy those.

What about likeness, like the car manufacturer emblems or logos ? Brands of cereal, logos, likeness. I would presume that is NOT ok for sale purposes, but would like to get feedback since I see it all over the net. ie:homer simpson emoticons, the use of names of people and places...

Surely the police arent going to come arrest me if I have one hanging in my garage, or my buddy has one in his. (Well ok they are now but...) but what about when people have them on auction sites ?

I saw a cool local car club that had a logo that had the outline and basis of a major movie production company. Legit or not ?

What about flanges for headers, downpipes and that sort of thing ? I see those on practically every web site.

I use my own design for gussets, and dont want to copy anyone, but clearly there are only so many shapes you can make.

Thanks for listening - input greatly appreciated ...
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Old 03-30-2012, 09:07 AM   #2 (permalink)
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I am also wondering. I had someone ask me about the harley shield with there business name in it. But I have also first hand heard of Harley going after them for using there emblem.
Id like to hear what other have experienced.
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Old 03-30-2012, 09:48 AM   #3 (permalink)
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I've heard you don't want to mess with HD or Disney. All the rest I'm sure would be fine for cutting for personal use or private sales to friends & acquaintances. I'd never try selling trademarked logos online. Any mechanical parts are fair game as long as it's not a patented product.
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Old 03-30-2012, 12:41 PM   #4 (permalink)
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I wouldn't accept cash for anything trademarked or patented. Sure I can cut logos and other parts but it's not for cash, mostly to family and friends as gifts or favors.
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Old 03-30-2012, 02:52 PM   #5 (permalink)
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Anything trademarked, like a logo, brand name, etc is technically a no-no. Are you going to get a cease and desist letter for cutting a sign for a friend? Probably not...since nobody will ever know. Will you get one if you start selling HD signs on eBay? I would venture to say yes. You are using someone else's intellectual property for financial gain. Flanges and stuff like that aren't typically trademarked, they are just built to a standard that the industry uses, so you can make anything you want. I highly doubt anything like a gusset would be trademarked, unless you do something like cut a company (that isn't yours) logo into it.

Keep in mind, some companies viciously defend their intellectual property...
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Old 03-30-2012, 08:03 PM   #6 (permalink)
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Some companies will allow you purchase a yearly license to resell items...for instance here in Nebraska, Nebraska football is a big deal and they sell licenses for like 250 for the year and you can resell items you create, like metal art, wood, shirts, that sort of thing...I doubt harley does that but some might.
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Old 03-31-2012, 07:16 AM   #7 (permalink)
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this is a real weird topic that never seems to get a clear answer. i would say call your local sign shop and ask them. my snap on dealer has snap on stickers that have the little trademark logo in them and when he puts the sticker on a new tool box he asked me if i wanted that little R with the circle. i said hell no, he asked because he got the stickers made cheaper then he could get them from snap on and he is the freaking dealer. he told me he had to ask about the little sticker because they are not the genuine thing or something.

go on ebay and you can find cd's with 150,000 dxfs of anything from the cubs to abc news logos they are n a few different formats the main being dxf, cd is cheap too. so people are selling the logos in a digital form but i guess it is what you reproduce with them. i have been told a ten percent change on something is enough to make it "your own" take the harley logo and strecht it or change a few things and it is technically no longer the original. i bought my first cnc table from a guy that advertised harley stuff on his web site, he got a letter from corporate saying that what he is going is ok as long as the production stayed under 100. he would make the signs in a series of 99 and then change it slightly and start another.

some places do not give two shits if you copy their logo because its free advertising. head over to plasmaspider there have been some good discussions about it. each company is going to have a different stand on the topic but a stand still does not say if it is legal or not
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Old 04-01-2012, 02:36 PM   #8 (permalink)
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It was my understanding this varies company to company.

I thought I read someplace that it depends on the history of TM violations, and pursuit by said company.

IE: Disney goes after anyone and everyone so they have the right to go after you. While XYZ Big Brand has gone after no one, and has been established for xYears, and others are clearly doing the same. Thus XYZ has not enforced their TM, and can't just randomly pick and choose who to enforce it on.

Does that mean they can't all of a sudden enforce it on everyone infringing ? That I don't know.


Not a lawyer, the above is information from what I recall after researching this.

Hopefully someone else has a more concrete answer.
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Old 04-03-2012, 12:44 PM   #9 (permalink)
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IDK why im not getting notifications that people responded to my post but its me

My wife used to work for a sign shop - the sole employee for nearly 14 years and this was a topic that rarely if ever came up. Most of the work they did for a client, had the privelage to use a logo or artwork.
ie: Honda advertisments inside the shopping mall by local dealerships etc.

Quote:
Originally Posted by North Shore Fab View Post
head over to plasmaspider there have been some good discussions about it.
I've been searching on there for a while. That was where my research started.
Any good search terms or links ? I see a few threads where people removed files because other members were shaking thier fingers. Seems pretty taboo.
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Old 04-04-2012, 10:24 PM   #10 (permalink)
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Tech dirt.com has beat this issue to death...
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Old 04-07-2012, 10:08 AM   #11 (permalink)
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Quote:
Originally Posted by metzindustries View Post
Tech dirt.com has beat this issue to death...
Thanks for your ever so helpful post

How about you link us to said reference / discussion
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Old 04-07-2012, 06:28 PM   #12 (permalink)
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If you plan on using someone's property to make money at least make sure you have insurance and shield your personal assets!

Not worth it unless you contact the owners of the trademark and get permission.

Last edited by Conrad_Turbo; 04-07-2012 at 06:29 PM.
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Old 04-08-2012, 12:43 AM   #13 (permalink)
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@todd techdirt.com is a site dedicated to this issue as in just about every article deals with copyright and trademark issues.

@conrad. Not every design is trademarked or copyrighted. Sometimes there is only one logical solution to making something, which in that case it can not be patented. Like the wheel or a cup.
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