Trademarks and Penturning

[mbroberg]

This is one of those topics that pops up frequently on the IAP. There are many conflicting opinions on what can and cannot be used when it comes to images, logos, trademarks, copyrighted material, even phrases. I recently stumbled across this article and thought it was worth sharing. It gives a pretty clear opinion about the use of materials bearing registered Trademarks, even if that material was legitimately purchased.

Michael Atkins - Seattle Trademark Lawyer - The First Sale Doctrine Protects the Right to Resell Genuine*Goods

 

[duncsuss]

Another article by the same author comes even closer to addressing the subject of penmakers who incorporate trademark items into their pens:

Michael Atkins - Seattle Trademark Lawyer - Can I Use the Seahawks Logo in My Crafts?

 

[PatrickR]

This sure does come up a lot. Yet I constantly see pens being sold with obvious infringements. Right now a bunch of blanks for sale on here that qualify.

 

[Woodchipper]

What if you buy a decal for a college or pro team at a local store and put it on a pen? It seems the royalties would have been paid or does the team double-dip on royalties.

 

[chartle]

:biggrin::biggrin::biggrin:

 

[chartle]

What if you buy a decal for a college or pro team at a local store and put it on a pen? It seems the royalties would have been paid or does the team double-dip on royalties.

Pretty sure thats covered in the second article.

 

[socdad]

I had the opportunity to talk with Rob Cleveland, the Director of Trademark Permission & Protection, at an art show in Columbus last year. I showed him I made as a gift for my daughter with an OSU sticker, purchased at the Ohio State book store, cast under resin. He told me there was no problem making it as a gift, however if I planned to sell I would need to 1st apply for a license from his department. The cost for that license would be about $400 + 17% of each item sold ...

 

[MRDucks2]

It's pretty straight forward, gang. Anything that is trade marked you can buy for your personal use or buy and give away but if you add it to something you are going to sell, you have to have permission i.e. a "license" from the trademark owner. They own it, so they can establish the terms.


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[TellicoTurning]

I ran into this on ETSY with 2 different bottle stoppers.... first was a green and yellow stopper (Spectraply "Dandelion") that I mentioned in my description to have the "John Deere" colors...(I live in a farm community and both of my west side neighbors use John Deere tractors and lawnmowers... natural association of the colors for me).. John Deere filed a complaint with ETSY and ETSY took down my listing and sent me notice of "intellectual property violation"... the second was another Spectraply "confetti", which I mentioned in my description that this was a "fiesta about to happen".... Fiesta china filed a complaint and ETSY took that listing down also....

I re-described the pieces with Spectraply's pattern names and re-listed... no repercussions yet. But I've also let all of my bottle stoppers expire on ETSY as they're slow sellers on line and even at $0.20 per listing, the cost can run up if you have to re-new the listing a number of times and I don't sell my stoppers for all that much.... they do better at the market in downtown Knoxville.

 

[MRDucks2]

Great point Chuck. If you made pens, for example, in NFL team colors you list them as "your favorite team colors" or even "football team colors" but as soon as you mention a team name or the NFL specifically, you could be violating trademark even if the same pen and colors could represent other teams and organizations.


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[Smitty37]

Maybe

Trade marks do not necessarily apply to the entire country....for instance if you live in Alabama Red and White might be thought of as representing Alabama University but if you live in New York they might be considered as representing Cornell University.

 

[greenmtnguy]

I believe all branches of the military are also trademarked.

 

[mbroberg]

There was talk recently about The Ohio State University filing some sort of action against Oklahoma State University over the use of "OSU".

It is possible to find some military insignia in the public domain, but it is generally antiquated. The Marines offer a Hobbyist License for $30 per year that allows you to use their symbols as long as you follow their guidelines.

 

[MRDucks2]

Trade marks do not necessarily apply to the entire country....for instance if you live in Alabama Red and White might be thought of as representing Alabama University but if you live in New York they might be considered as representing Cornell University.

Which is why it is best to present the colors generically as "your favorite college team". If you mention the school, you have potentially tied it to a trademark infringement.


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[stuckinohio]

Good information from all!