Need NASCAR pen ideas.

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ashaw

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Was there a single driver the person was looking for. Also just like the sports teams NASCAR holds their logo close to their hearts. Because of my interest in NASCAR and racing period I approached NASCAR last year about using their logo. They had no problem about it except their initial royality amount starts around 1M dollars and goes up. Also each team also gets a cut.
If it is just one pen then no problem. PM me if you want more information.
 

thefunkyP

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Mar 15, 2007
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Overland Park, KS, USA.
At one point I was thinking of doing a home depot nascar pen for Tony Stewart as a gift to a friend of mine.
CSUSA has some good celluloids to choose from, I've attached the two I was looking at doing.

I've also seen someone use testors brand decals to put team logos on pens.
http://www.hobbylinc.com/htm/tes/tes9203.htm


200831914422_CSUSA%20-%20celluloid_amber_marble.jpg




200831914445_CSUSA%20-%20celluloid_orange.jpg
 

alamocdc

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That's a tough one, Frank. Unless they are specifically looking for their favorite driver's colors, it could be difficult. If it's just for an overall NASCAR themed pen, you could use the decal technique with the NASCAR logo. But then there are copywrite issues to deal with.
 

Rifleman1776

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Yep, putting NASCAR on a pen could be iffy, legal-wise. I'll get more info on what they want. Oh, yes, and what they might be willing to pay.
In the meantime, I found some clear, small, address labels in my stash and will experiment with those on some old discard Slimlines.
 
M

monkeynutz

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NASCAR pen? First, install an illegal transmission in it. Then, smash it and set it on fire. Next, do a lot of cussing about tire manufacturers, and find another penturner and throw your face shield at him. ;)
 

GoodTurns

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Just heard from the lawyers...if we mention NAS*** one more time, we will owe them royalties:D.

Frank-
How about casting cut up tires? Most of the teams sell their used tires, if you got one with the GOODYEAR intact, it could make an interesting cast...it wouldn't have the whole thing, but the owner would know where it came from.
 

Rifleman1776

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Originally posted by GoodTurns

Just heard from the lawyers...if we mention NAS*** one more time, we will owe them royalties:D.

Frank-
How about casting cut up tires? Most of the teams sell their used tires, if you got one with the GOODYEAR intact, it could make an interesting cast...it wouldn't have the whole thing, but the owner would know where it came from.

Casting? [:0] You obviously have me confused with another Frank. ;)
Thanks. Actually, I'm open to ideas.
 

Palmetto_Dave

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I think just by using the colors, and a number, you would be fine. You can't copyright colors, and you can't copyright numbers...

If you made a Green/White/Black resin pen with a number 88 on it... One have to just assume it's a Jr pen. There are a TON of independent race teams out there, and only so many color combos and numbers to go around...
 

ed4copies

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Originally posted by Palmetto_Dave

I think just by using the colors, and a number, you would be fine. You can't copyright colors, and you can't copyright numbers...

If you made a Green/White/Black resin pen with a number 88 on it... One have to just assume it's a Jr pen. There are a TON of independent race teams out there, and only so many color combos and numbers to go around...

I wouldn't bet the farm on that! And that's WHAT you will be doing if N*S*A* SEES your pen.:D:D:D
 

warreng8170

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Originally posted by Palmetto_Dave

I think just by using the colors, and a number, you would be fine. You can't copyright colors, and you can't copyright numbers...

If you made a Green/White/Black resin pen with a number 88 on it... One have to just assume it's a Jr pen. There are a TON of independent race teams out there, and only so many color combos and numbers to go around...

While you can't copyright colors and numbers, there is an argument for trademark.

"A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods."

If you wanted to put a number on a pen to appeal to a race fan, the number would probably need to look like the number on the car including shape, style, angle of tilt, etc. Doing this probably does get into a gray are with trademarking. You can't deny that the Budweiser 8, Dupont 24 and the Home Depot 20 (in combination with their respective colors) are instantly associated with their brands/sponsors.

I live right in the heart of NASCAR country (as a matter of fact I work about 5 miles from Joe Gibbs Racing) and I know how seriously they take these things. I have thought about doing a similar thing with casting acrylics in colors of sports teams. I would just have to "market" them generically and let the customer pick the color scheme for their preferred team.

Not trying to rain on anyones parade, just trying to help you avoid a lot of headaches.

-Warren
 

ed4copies

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One small fact you miss Warren.

Who's got more money - YOU or NASCAR????

When a legal debate begins, this is USUALLY the MOST IMPORTANT issue.

(Undoubtedly, Frank's got 'em by the short curlies when that starts!!)
 

Chasper

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NASCAR fans tend to be fans of a driver, or team of drivers. Their loyalties are not toward NASCAR itself, at least not the rabid loyalty that they are fond of demonstrating with hats, t-shirts and tatoos.
How about casting in autographs or other memorabilia? You can buy a lot of sheet metal from cars on ebay. I used to get some bumpers and quarter panels donated for charity auctions, they brought in a lot of money, if they were scratched and dented they were even more valuable.
The idea is to use something that someone else has already licensed and paid for; car part, minature die cast car or partial car, part of a hat, an autographed program, etc. Someone else suggested a tire, that would be much the same.
I know about you and casting, but I don't have any ideas for getting memorabilia to grow in trees.
 
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Originally posted by ed4copies

Originally posted by Palmetto_Dave

I think just by using the colors, and a number, you would be fine. You can't copyright colors, and you can't copyright numbers...

If you made a Green/White/Black resin pen with a number 88 on it... One have to just assume it's a Jr pen. There are a TON of independent race teams out there, and only so many color combos and numbers to go around...


I wouldn't bet the farm on that! And that's WHAT you will be doing if N*S*A* SEES your pen.:D:D:D

It would seem to be the case that you indeed can not copyright colors or numbers according to copyright.com: http://www.copyright.com/ccc/viewPage.do?pageCode=cr10-n
 

Randy_

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I know that it is not legal to copy or make a copy of copyrighted material for your own use or resale; but what is the situation if you actually purchase a legal NASCAR item and then re-use some or all of it for the creation of a new item?? For instance, could you purchase something NASCAR and then cast part or all of it in a clear acrylic pen blank??

Seems to me that you have honored the copyright (paid for its use) by purchasing the item and should be able to use it however you choose......sort of like buying a patch and then sewing it on a jacket.

I know lawyers are a tricky bunch so they would probably find some way to object to the above; but just thought I would ask the question.
 

DCBluesman

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Randy, if it is a trademarked item, registered for use in trade, you may not use it for trade without permission. Folks - you can fight copyright, trademark and patent issues, but for most of us our pockets are not sufficiently deep as to win in court. Additionally, should you lose, the damages can be quite onerous. Is it really worth the aggravation, worry and potential financial loss?
 

terrymiller

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I would buy a cheap snap together model of the team wanted and us the decals from the model. As far as the legal issues maybe Jimgo can chime in I believe this may be his specialty.
 

Dalecamino

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15 years ago I bought #3 decals from RCR , The whole package , and put them on my El Camino , hence dalecamino . I thought about making Nas*** pens , too . But , you guys are right . They take bootleg stuff so seriously , they have ALL bases covered . I think , maybe you could get away with making a few . But , what if it gets around , and the right person , says where did you get that pen ? Also , isn't the word "Likeness" in there some where ? It just wouldn't be worth it to me to take the chance of paying ANY penalties . BUT , I would like to make a pen for myself . I'll be watching for Ideas , 'cause I don't have any . [8D]
 

holmqer

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One thing to keep in mind regarding the degree with with NASCAR (r) would persue any perceived use of their trademark(s) or the trademark(s) of the teams and drivers is the basic premise that if they do not vigorously defend their trademark(s) they loose legal protection of those trademark(s).

So while they probably do not really care about a few hand crafted items, and probably actually believe that it may be in their commercial interest to have crafters making NASCAR (r) themed items, the lawyers will remind them that as soon as they give crafters a pass, they leave themselves open to some major manufacturer using those trademarks and successfully arguing in court "look they give hundreds of businesses a pass so they have released the trademark into the public domain." It is this latter scenario that will cost them big, so they have to come down on everyone like a ton of bricks.

Now the thing I wonder about the use of the NASCAR (r) themed stuff I see for sale at craft fairs like someone who take licenced memorabilia and jazzes it up with a fancy frame or shadow box. At what point does this sort of activity cross some legal line?
 

Neodon1

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Ok, iv'e done it again. Just like the others said,
but background will be crossed checkered flags and
then a set or just one racing wheel and tire, and
then the NASCAR logo or the colors and a number if
he wants. OR you could go crazy and do your pen up like this,

http://nascar-baby.funnypart.com/

Wow baby now that's Nascar.

Neodon1 [8D]
 

DonNC

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Pineville, NC, USA.
I have no idea how you would use Goodyear racing tires to make pen casts, but I do have access to the discarded tires. Let me know your thoughts. [|)]
 
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