To Bad I Can't ...........

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rd_ab_penman

rd_ab_penman

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Joined
Jun 1, 2007
Messages
1,657
Location
Red Deer, Alberta, Canada.
Sell these due to Trademark Infringement.
These will be gifts for all my BIL's who are Golfing Addicts.
Probably cheaper than being a Pen Turning Addict!

Gold and Chrome Sierras with decals from golf ball boxes that I cast in PR.
Thanks to another Pen Turning Addict that is a member of this forum.

Sanded to 400 grit, buffed with fine steel wool and polished with Huts Ultra Gloss.

Les

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I'd bet if you contacted their Executive offices and talked to someone with a brain,
they'd want to work out a deal with you for some high end pens.
Nice work.
 
Les, I have done stuff with both Niki and Harley Davidson. when I first talked to the guys on the bottom rung of the ladder the first thing out of their mouth was NO. I found out who was up the ladder a bit... maybe half way and talked to them and they were really receptive. both times I came bearing gifts and had a very clear plan of what I wanted to do and what was in it for them. both company's ended up giving me a small limited run manufacturing contract. it was a win win for both of us. the bigger perk was I have had call backs from upper level management that payed out far more than what I was trying to get at first in other custom projects.

plan plan plan research research research.

Erik
 
Those are great looking pens. It would be worth contacting those companies to see if you could work something out.

Jamei
 
But ... you can sell them.
If you purchased the golf balls and the box ... you own it.
You can do whatever you want ... even resell them.

It would be different if you were printing out the logo on your computer.
But you are not doing that.
You are using a product you purchased and that is OK.
 
Those are beautiful !!! I think it would be good to at least try to contact the company..If they had any foresight:rolleyes:, I would think they would order a lot for their own people, execs.. or as promotional items for their bulk customers such as sporting good stores. Nevertheless, since you bought the box and balls you should be able to sell them. Great job !!
 
Willee said:
But ... you can sell them.
If you purchased the golf balls and the box ... you own it.
You can do whatever you want ... even resell them.

It would be different if you were printing out the logo on your computer.
But you are not doing that.
You are using a product you purchased and that is OK.
Click to expand...

Do you know this as fact?
Where did you get your information on US Trademark Law?

Les
 
Willee -- good to see you here!! Another long time pen turner joins IAP

Willee has it correct -- you have used purchased materials and have adapted them. You have not violated either copyright nor trademark, though some company attorneys (staff guard dog roles) might write a snarly letter.

The issue is less copyright than it is Trademark protection. The need for a licensing agreement is because each firm that has a registered trademark has to enforce that trade mark and if they do not protect it themselves, it can become part of the common property --
 
KenV said:
Willee -- good to see you here!! Another long time pen turner joins IAP

Willee has it correct -- you have used purchased materials and have adapted them. You have not violated either copyright nor trademark, though some company attorneys (staff guard dog roles) might write a snarly letter.

The issue is less copyright than it is Trademark protection. The need for a licensing agreement is because each firm that has a registered trademark has to enforce that trade mark and if they do not protect it themselves, it can become part of the common property --
Click to expand...

How do you know this as fact?
Where did you get your information on US Trademark Law?

Les
 
Hi Les,

Great looking pens. I like the gold plating with the PRO V1. I have made mine mostly with chrome plating with PRO V1x.

The Pro's in my home course love the PRO V1x (for professional golfers).

There are many ways to sell these pens!!!

In my case I didn't even give them away as gifts, I just left them conveniently on the pro shop counter.

In return I have received many many mini impromptu golfing lessons. A free bucket range balls here and there.

Also the Pro's get their equipment from their respective sponsoring companies. They get golf clubs, golf balls, towels, etc. Sometimes I find an extra sleeve of ball, a divot repair tools, "experienced" balls.

Yes, I have added up all the mini lessons and little things that I found. I am way more ahead if they were sold.

Come to think of it. I need a GPS range finder.
 
Les -- I am not an attorney and do not practice law, and I am not charging a fee --

I am on the board for a local corporation who was faced with a trademark conflict a number of years ago and we all learned a lot - and had a key word used in a beer product that another firm had associated with a wine product.

Fair use of your purchase of the commercial product is at question. You have not used it as the manufacture may have intended, but if you purchased it in good faith, and have not materially copied, changed or altered the trademark label, you are not out of line. If you copy and print it -- make decals, or otherwise change it you could be challenged. You can even resell the golf balls along with the pen --
 
KenV said:
Les -- I am not an attorney and do not practice law, and I am not charging a fee --

I am on the board for a local corporation who was faced with a trademark conflict a number of years ago and we all learned a lot - and had a key word used in a beer product that another firm had associated with a wine product.

Fair use of your purchase of the commercial product is at question. You have not used it as the manufacture may have intended, but if you purchased it in good faith, and have not materially copied, changed or altered the trademark label, you are not out of line. If you copy and print it -- make decals, or otherwise change it you could be challenged. You can even resell the golf balls along with the pen --
Click to expand...

So does this also apply for say soda bottles if i go out and by a mountain dew can i use the label art and cast it then sell it without question as long as i dont copy/print/make decals/or change it?
 
I hope this "trademark" thing works out for the better. I have actually made a few of these and figured I had to " trade/barter" because of the copyright issue. Guys at my club love these and want to buy them. I hope a clear resolution comes to light.
 
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