William Menard
Member
If I take a broken Mickey Mouse watch and break it down to make a steaampunk pen, is there a concern of copyright from Disney? TIA
If you are only making one - whether you use it or sell it there won't be a problem. First, because it is yours and trademarks can't be enforced against a buyer who acquired the pen legally. You can resell it in any form you like.
And, recycling a broken watch instead of tossing it in a landfill even has some social value.
If you plan on buying a quantity of broken MM watches and making a bunch ot the pens - don't do it.
You might well have a valid point -- I'd consult CaptG.....if I were thinking about it. One would think that Disney would have no interest in what happens to old broken Mickey Mouse watches - but they might object to someone making a profit from the name -is the MM incidental to the pen i.e. just one of many choices or is it a selling point. I think if it is a selling point, they will object to the change of use...If you are only making one - whether you use it or sell it there won't be a problem. First, because it is yours and trademarks can't be enforced against a buyer who acquired the pen legally. You can resell it in any form you like.
And, recycling a broken watch instead of tossing it in a landfill even has some social value.
If you plan on buying a quantity of broken MM watches and making a bunch ot the pens - don't do it.
Why would that be a problem? Can't he market the pens as "pens made with Mickey Mouse watch parts"? As long as I'm using the genuine article produced by Disney, which I own free and clear, I'm not sure where the issue is. I'd even go so far as to argue that I'm actually raising the brand awareness because I'm putting Disney-trademarked materials in the marketplace instead of a landfill. They owe me money :biggrin:
You might well have a valid point -- I'd consult CaptG.....if I were thinking about it. One would think that Disney would have no interest in what happens to old broken Mickey Mouse watches - but they might object to someone making a profit from the name -is the MM incidental to the pen i.e. just one of many choices or is it a selling point. I think if it is a selling point, they will object to the change of use...If you are only making one - whether you use it or sell it there won't be a problem. First, because it is yours and trademarks can't be enforced against a buyer who acquired the pen legally. You can resell it in any form you like.
And, recycling a broken watch instead of tossing it in a landfill even has some social value.
If you plan on buying a quantity of broken MM watches and making a bunch ot the pens - don't do it.
Why would that be a problem? Can't he market the pens as "pens made with Mickey Mouse watch parts"? As long as I'm using the genuine article produced by Disney, which I own free and clear, I'm not sure where the issue is. I'd even go so far as to argue that I'm actually raising the brand awareness because I'm putting Disney-trademarked materials in the marketplace instead of a landfill. They owe me money :biggrin:
Yes, that's why I'd consult him.You might well have a valid point -- I'd consult CaptG.....if I were thinking about it. One would think that Disney would have no interest in what happens to old broken Mickey Mouse watches - but they might object to someone making a profit from the name -is the MM incidental to the pen i.e. just one of many choices or is it a selling point. I think if it is a selling point, they will object to the change of use...If you are only making one - whether you use it or sell it there won't be a problem. First, because it is yours and trademarks can't be enforced against a buyer who acquired the pen legally. You can resell it in any form you like.
And, recycling a broken watch instead of tossing it in a landfill even has some social value.
If you plan on buying a quantity of broken MM watches and making a bunch ot the pens - don't do it.
Why would that be a problem? Can't he market the pens as "pens made with Mickey Mouse watch parts"? As long as I'm using the genuine article produced by Disney, which I own free and clear, I'm not sure where the issue is. I'd even go so far as to argue that I'm actually raising the brand awareness because I'm putting Disney-trademarked materials in the marketplace instead of a landfill. They owe me money :biggrin:
Doesn't Capt G make Watch parts pens from Rolex's isn't that the same concept?
Mike
I believe the issue is when you use a trademarked item in your newly manufactured product as the selling point of that product without the owners permission your infringing on their rights. I have clients that want to use Mont Blanc parts and or Pelikan feeds and nibs in making their own pens and they will sue.
Pielkan can't sue - they sell nibs and feeds as a separate item. Mont Blanc has a couple of things on their pens that identify them as Mont Blanc so for those spicific parts (I think the clip is one of them) they will likely take action to protect their rights although if it is for personal use they don't have actionable cause either.I believe the issue is when you use a trademarked item in your newly manufactured product as the selling point of that product without the owners permission your infringing on their rights. I have clients that want to use Mont Blanc parts and or Pelikan feeds and nibs in making their own pens and they will sue.
Mike, for something over $9000 one can buy their nibs (one particular model) in quantities of 50 at retail.I have an email from my client who spoke to Pelikan, and their response was they would sue. If you use their branding or Name and/or logo as a selling point for your product for resale they will come after you. None of this is about personal use but resale of trademarked merchandise. I worked in the jewelry industry many years and if Rolex finds fake parts, or watches they confiscate and destroy them. They will aggressively pursue any and all unlicensed activity they find.
Mike, I think you nailed it. Companies will bluff about things like that.I dont disagree with that Smitty. And I will question him further to see if they gave the grounds on which they would pursue it. In their case it may be a bluff, although my client said he had talked to other people as well.
Mike, I think you nailed it. Companies will bluff about things like that.I dont disagree with that Smitty. And I will question him further to see if they gave the grounds on which they would pursue it. In their case it may be a bluff, although my client said he had talked to other people as well.
If Disney sold you the product originally - they lose. They just lost a big case where they sold cloth with a trademarked design on it...someone made pillow cases out of the cloth and sold them. Disney sued and lost. In essance they were told, if you sell it you sell the right to use it. Most people do not realize that if they are on sound ground as to how the item was acquired it is not difficult to find a legal rep who will work on contingency and counter sue for attornies fees and court costs. In the case of Goliath vs David the courts will almost always award David the costs if he wins.Mike, I think you nailed it. Companies will bluff about things like that.I dont disagree with that Smitty. And I will question him further to see if they gave the grounds on which they would pursue it. In their case it may be a bluff, although my client said he had talked to other people as well.
From what I've read, Disney doesn't bluff. Disney characters are registered trade marks. Pretty sure selling product with registered trade marks on it will get their attention. Maybe bringing it up on a public forum will do that anyway!
Found this statement in a Google search;
Basically, if you paint, wear, or otherwise display something that a company believes to be its trademark (especially if that company happens to be Disney), you may have opened yourself up to a claim of trademark infringement.
You decide if it's worth it to you!
If you are only making one - whether you use it or sell it there won't be a problem. First, because it is yours and trademarks can't be enforced against a buyer who acquired the pen legally. You can resell it in any form you like.
And, recycling a broken watch instead of tossing it in a landfill even has some social value.
If you plan on buying a quantity of broken MM watches and making a bunch ot the pens - don't do it.
Why would that be a problem? Can't he market the pens as "pens made with Mickey Mouse watch parts"? As long as I'm using the genuine article produced by Disney, which I own free and clear, I'm not sure where the issue is. I'd even go so far as to argue that I'm actually raising the brand awareness because I'm putting Disney-trademarked materials in the marketplace instead of a landfill. They owe me money :biggrin: