I've had a couple requests from customers wanting a Harley Davidson pen. Is there an interest out there for these kind of blanks? I would be asking somewhere around $60.00-$65.00 due to the time involved in putting them together. Any thoughts?
I'd be interested. Is there any legal ramifications for you? I seen quite a few threads on legal issues with schools or businesses when you use their logos. I hope not as I'd purchase a few.
I'd be interested. Is there any legal ramifications for you? I seen quite a few threads on legal issues with schools or businesses when you use their logos. I hope not as I'd purchase a few.
I don't believe so. The Harley medallion has a registered trademark on it (®) and it is meant to go on a hiking stick or any other personal item. It is specifically marketed that way. I don't think they care what you put it on due to the fact that that is its sole purpose.
You can use it for personal use with no problem, the company has no recourse since the sale to you is undoubtedly licensed and the design of the medalion suggests installing on something. Putting on a blank and selling the blank might because that is a commercial use and you aren't the holder of a license. But, you might be alright if someone provided the medalion and asked you to install it in a pen blank for their personal use.I've had a couple requests from customers wanting a Harley Davidson pen. Is there an interest out there for these kind of blanks? I would be asking somewhere around $60.00-$65.00 due to the time involved in putting them together. Any thoughts?
HD is a pretty reasonable bunch... Give head quarters a call, you may find that they WANT you to make the pen for them. Now it would come down to how many you can make and keep up with the demand. I know that being a HD rider, I would definately buy one. It could turn out to be a very profitable adventure for you, even more so if you gave HD a call to get permission, and it could even lead to a corporate contract.
Not really, if they had a license when the medallion was made it is perfectly legal.Just to let you know, even the company who originally made that HD Medallion isn't licensed with them anymore. Kinda throws in a new factor. Licensing is a tough business, especially when you get caught.
Regards Patrick
The thing is Ed, that in any case where you are on good legal ground, you can find a law firm that will take the case on a contingent basis and countersue for court costs and attornies fees which if you win the court will always grant if you are a small company (it won't in cases between two giants). The idea is to prevent large companies from abusing their position - that is the reason that so many "cease and desist" letters are used and never followed up on. The owner of the trademark, protects their rights by sending the letter - they do not have to carry out the threat.The trouble with "the law" is that you CAN do whatever you like!!
And, the logo owner can interpret the law however HE likes!!
But if the logo owner files a lawsuit against you, it boils down to "How much can you afford vs how much can HE afford".
You wanna play that game with Harley Davidson??? If you can afford the hundreds of thousands of dollars this could cost (estimated at 1 to 3 million in a recent article I read), you probably don't need to be selling $200 pens!!!!
FWIW,
Ed
The beer company knew that...you should have countersued for costs and legal fees, particularily if you advertised the car as used.They do go after model trains now and the manufacturers are now required to get a license agreement. I had a model train car with a beer logo that I tried to sell on eBay and the beer company came after me. Long long legal story short, I couldn't be held responsible for something I bought at a retail store.
Now I won't make anything with a trademark weither it is a logo or an image like a cartoon character. Unless I had a license agreement.
The best thing to do is if you are going to sell or distribute a product with another company's trademark, contact the company's licensing attorney and see what their terms are. If you don't like their terms, then walk away. Otherwise, you could end up in a expensive legal battle and end up with a very very expensive product that you cannot sell or give away.