NY Giants pen--- what to do

[RyanNJ]

Got a request for a giants pen should I do maple with a decal of the logo or something different?

 

[alphageek]

Logos are copyrighted and thus not legal.... It takes big $$ to license.

If you want to say legal, I'd suggest sticking with acrylics in the team colors. That way you aren't causing yourself any chance of possible legal issues.

 

[RyanNJ]

Does the copyright matter if I am making it as a gift and not receiving money for it?

 

[Pioneerpens]

in the true sense, yes it does, But that being said I have done one or two with a logo as gifts,
Usually I will, as mentioned by Alphageek, do team colors in an acrylic and put on a football, baseball, or whatever sport clip!

 

[NewLondon88]

Does the copyright matter if I am making it as a gift and not receiving money for it?

The only difference that will make is in the AMOUNT of damages. If you
charged money for it, they can sue you for more. Making it for free does
not absolve you of copyright infringement or from them collecting money
from you. It only means they'll get less.

Now, whether or not you get caught and prosecuted is a different matter.

 

[bgio13]

I had a customer last year that was a Steelers fan looking for a cigar pen, so I cast a black and yellow blank and used black chrome hardware. I was in a hurry to get the pen to the customer so there is no picture, sorry. Oh yeah, the person was thrilled with the pen. You may be able to find a blank that matches the team colors or someone here that casts might be able to make you one. Hope this helps,

Bill

 

[GColeman]

I don't want to hijack, but I have always wondered.

If I buy a decal, sticker, logo that is licensed, turn a pen and apply my decal can I legally sell it? I mean I paid for all the items so I should be able to sell it.

Logos are copyrighted and thus not legal.... It takes big $$ to license.

If you want to say legal, I'd suggest sticking with acrylics in the team colors. That way you aren't causing yourself any chance of possible legal issues.

 

[traderdon55]

I don't want to hijack, but I have always wondered.

If I buy a decal, sticker, logo that is licensed, turn a pen and apply my decal can I legally sell it? I mean I paid for all the items so I should be able to sell it.

I am not qualified to give legal advise but what I have been told is that even though an item is made from something that royalties have already been paid on when it is used on another item that item also has to have royalties paid on it to be legal. I had a friend that made benches out of cedar and old wagon wheels. He painted the wheels and metal frame work green and gold and attached a John Deere sign that he purchased to it to get a better price out of them. He was paying the John Deere Company $100.00 a year royalties to be able to do this even though royalties had already been paid by the sign maker. The company had informed him that putting the sign on other item required additional royalties to be paid and he figured with their deep pockets $100.00 a year was the cheapest way to go.

 

[OLDMAN5050]

If you give it away as a gift no moneys was made, so what is the damages to the francise?

 

[NewLondon88]

If you give it away as a gift no moneys was made, so what is the damages to the francise?

They spend a lot of money having the images created, marketed, promoted
etc. (If they hadn't, you wouldn't know about the logo or be interested in
using it) They retain the right to control how the image is used (with some
exceptions) The damage is that your use may interfere with their intentions
and they could argue that your unauthorized use diluted their work or
harmed the image. In theory, they could argue for recovery of all costs that
are associated with having the logo created, branded, marketed etc. plus
the costs of repeating all of that work to create a new, un-hijacked logo.
It can add up when you take in the cost of TV ads..

 

[Fibonacci]

I don't want to hijack, but I have always wondered.

If I buy a decal, sticker, logo that is licensed, turn a pen and apply my decal can I legally sell it? I mean I paid for all the items so I should be able to sell it.

This is a lot like copyright law, where context and degree of use comes into effect. Many companies are wililng to sue over anything that uses a resemblance to thier logo.

Do you really want to spend the money to defend yourself in a grey area?