College team decals

[Jim Smith]

One of my other hobbies is building fishing rods. In flipping through the latest copy of rod building components from Mudhole.com, I noticed that they have have decals for many (45) of the college football teams and the military branches of the service. I thought that I would pass this along for the folks that enjoy making pens with the team colors and logos.

I have no affiliation with Mudhole, but they are great folks to do business with. Here's a link to their decals

http://www.mudhole.com/Shop-Our-Catalog/Decals-Decorations/College-Rod-Decals

Jim Smith

 

[scottsheapens]

Do you run into copyright issues if you use this on a pen?

 

[GColeman]

That is an interesting site. I made my first decal pen over the holidays. It went over really well. I really like the military logos. Might have to order a Navy one and make a new carry pen.

I also looked at reel seat material. 3/4 x 5. Has anyone made a pen from it?

 

[Daniel]

If you read the details on the link it says the decals are fully licensed so using them on hand made items will be just fine. I approved for licensing by both KU and KSU at a cost of $100 for each school for up to 24 pens. Just to give you an idea on price.

 

[scottsheapens]

Thanks Daniel.

 

[rsulli16]

hi
are they thin enough to under a ca finish without too much of a bump?
Thanks
Sulli

 

[Florida Marine]

They got the right team Top Right...

Thanks for the link.

 

[PSU1980]

Jim, thanks for the link.

 

[G1Pens]

I may be mistaken, but the "fully licensed" means they have the right to sell the logos. We as consumers do not have the right to resell a product on which those logos are used. The intention is that the purchaser use the logo on something that they will be using for personal use.

 

[kevrob]

If you read the details on the link it says the decals are fully licensed so using them on hand made items will be just fine. I approved for licensing by both KU and KSU at a cost of $100 for each school for up to 24 pens. Just to give you an idea on price.

Well, why waste your time and money on the KU Decal, Daniel?

Just kidding! Who did you contact at KSU, do you have a person you contact directly? You can PM me the information if you rather not post it here.

 

[Russianwolf]

I may be mistaken, but the "fully licensed" means they have the right to sell the logos. We as consumers do not have the right to resell a product on which those logos are used. The intention is that the purchaser use the logo on something that they will be using for personal use.

Well said. Colleges are very picky about products bearing their logos. Reason, anyone can make a crappy product and pick a sticker on it and sell it. With the sticker some may think that the college approves of the product and thereby hurt the schools reputation.

There are a couple companies that cover the licensing of nearly all the schools.

www.clc.com being the biggest and covers most schools.

 

[SCR0LL3R]

This could very well slip into the typical trademark argument we have had around here a couple times. I think you technically can use them with a proper disclaimer but that's not to say that the university won't try to come after you if they notice you whether they have legal grounds to or not. A lot of bullying goes on when it comes to this stuff and most anybody would just play it safe to avoid legal costs either by not selling it in the first place or by stopping immediately upon receiving a "cease and desist" letter.

 

[Russianwolf]

This could very well slip into the typical trademark argument we have had around here a couple times. I think you technically can use them with a proper disclaimer but that's not to say that the university won't try to come after you if they notice you whether they have legal grounds to or not. A lot of bullying goes on when it comes to this stuff and most anybody would just play it safe to avoid legal costs either by not selling it in the first place or by stopping immediately upon receiving a "cease and desist" letter.

Let's put it this way.

The manufacturer has been licensed by the school to produce the specific product. When they sell the product to you, the license is not included. You are not buying the license, only the product which was manufactured under a license.

IF you go get a drivers license and get a car, you can drive it. If you sell the car to a person without a license, they are not legally able to drive the car. The license doesn't transfer.

 

[SCR0LL3R]

I really don't want to get into this again. Here is a website with lots of information including actual court cases which tends to go against the popular opinion on this forum.

http://www.tabberone.com/Trademarks/trademarks.shtml

I stick to my original comment in saying that you probably still shouldn't do it even though in my opinion, I think legally you can. My reasoning for this is that lawyers are damned expensive!

 

[SCR0LL3R]

Let's put it this way.

The manufacturer has been licensed by the school to produce the specific product. When they sell the product to you, the license is not included. You are not buying the license, only the product which was manufactured under a license.

IF you go get a drivers license and get a car, you can drive it. If you sell the car to a person without a license, they are not legally able to drive the car. The license doesn't transfer.

Not really a good analogy. My analogy would be: If you put an LSU sticker on the car can you no longer sell it?

 

[G1Pens]

The real question is: How much are you willing to undergo and how much are you willing and able to spend if the college comes after you? For me, its not a matter of if I will win or not, it's can I afford the fight and is it worth the fight?

 

[Russianwolf]

Let's put it this way.

The manufacturer has been licensed by the school to produce the specific product. When they sell the product to you, the license is not included. You are not buying the license, only the product which was manufactured under a license.

IF you go get a drivers license and get a car, you can drive it. If you sell the car to a person without a license, they are not legally able to drive the car. The license doesn't transfer.

Not really a good analogy. My analogy would be: If you put an LSU sticker on the car can you no longer sell it?

Depends if you try to sell it as an LSU Suburban.

 

[SCR0LL3R]

Depends if you try to sell it as an LSU Suburban.

I agree with this 100%. That's what I meant when I said a proper disclaimer must be included

 

[Linarestribe]

Doesn't this website sell to people that build and resell? Wouldn't they know this about the nature of the website when the granted the license to the to sell the logos?

 

[Russianwolf]

Depends if you try to sell it as an LSU Suburban.

I agree with this 100%. That's what I meant when I said a proper disclaimer must be included

Read through some of the site you linked... Be careful. If you go to the CLC link they have, it mentions a case in the 9th circuit that found that if there is possible "post-sale confusion in terms of origin" it can be trademark infringement. They don't like the decision, and I find their name calling (which I describe as the last refuge of someone who doesn't have a valid argument) humorously childish.

Since nearly all schools have pens produced for them with their logos, you'd be hard pressed to not have some "post-sale confusion in terms of origin". Unless you are going to laser engrave the disclaimer on the pen as well.:wink:

 

[GColeman]

Doesn't this website sell to people that build and resell? Wouldn't they know this about the nature of the website when the granted the license to the to sell the logos?

I e-mailed a question to them late yesterday. I am interested in what they say. I havn't sold any logo pens other than one made with a logo the owner of the company gave me to use on a pen he commissioned. I don't see myself selling many. I could probably get away with it in my area. However, getting away with it still doesn't make it right.

 

[GColeman]

Here is what I recieved from the decal seller:

7:57 AM (43 minutes ago)
to me

Yes that is fine.

From: Greg Coleman [mailto:gregcoleman79@gmail.com]
Sent: Wednesday, January 04, 2012 6:10 PM
To: decals@mudhole.com
Subject: Logo decals Can the logo dacals, such as the college decals you sell, be applied to rods and items that I intend to sell? For example. Can I build a rod, apply a decal I buy from you, then sell the rod to another person?

 

[navycop]

Here is what I recieved from the decal seller:

7:57 AM (43 minutes ago)
to me

Yes that is fine.

From: Greg Coleman [mailto:gregcoleman79@gmail.com]
Sent: Wednesday, January 04, 2012 6:10 PM
To: decals@mudhole.com
Subject: Logo decals Can the logo dacals, such as the college decals you sell, be applied to rods and items that I intend to sell? For example. Can I build a rod, apply a decal I buy from you, then sell the rod to another person?

Thank you for your time. I just might have to dive into the world of decaling now..