Kirk Dietrich
Member
I debating making stickers to put on some pens. I'm wondering if there are laws against using a company's logo such as Coca Cola, Harley, etc.
Thanks,
Kirk
Thanks,
Kirk
Not laws against using them that will get you arrested and put in jail. They are Trade Marks and can only be used with their permission which the owners usually do not give away free.I debating making stickers to put on some pens. I'm wondering if there are laws against using a company's logo such as Coca Cola, Harley, etc.
Thanks,
Kirk
You're better off asking your lawyer rather than trusting a bunch of random guys on a forum, but...I debating making stickers to put on some pens. I'm wondering if there are laws against using a company's logo such as Coca Cola, Harley, etc.
Thanks,
Kirk
It depends --- you can buy model railroad car kits that come with logo's - there is no restriction on completing the kits using the logos, and selling them for profit - small hobby shops do that all the time.You're better off asking your lawyer rather than trusting a bunch of random guys on a forum, but...I debating making stickers to put on some pens. I'm wondering if there are laws against using a company's logo such as Coca Cola, Harley, etc.
Thanks,
Kirk
If you use their logo to make money, you're likely to run into trouble. Even if you purchase stickers they manufacture (which implies a right of use), using those stickers to embellish a product and then selling the final product constitutes an implied (but false) permission of use from the company. To use a crass example (so sorry for this, but it makes a strong point)... if I wrap a dildo in Coca Cola stickers and sell it, they will beat me with the lawyer stick. They made their money on the stickers, but they likely don't agree with the potential damage I'm doing to their company image. Disney is a big go-getter, as well as Harley Davidson.
In short, you may be fine with one or two personal sales, but I wouldn't advertise it on the web, and I wouldn't do it at any shows. It's not legal, but you could get away with one or two here and there.
EDIT: I shouldn't even say "If you use their logo to make money"... instead, that should simply be "If you use their logo" period. This has been tested before with non-profit orgs putting trademarked stuff on T-shirts as giveaways. The orgs were getting some value out of that image, even if it wasn't directly cash in hand, but donations down the road... the law doesn't think that's acceptable.
As I said... you can do it, but the law is not on your side if the company chooses to prosecute. It's illegal to shopift, but you can often get away with it... if you're caught and the shop wants to prosecute, you're SOL. Small hobby shops get away with it because the cost to track down and prosecute is troublesome... but it doesn't mean they're safe.It depends --- you can buy model railroad car kits that come with logo's - there is no restriction on completing the kits using the logos, and selling them for profit - small hobby shops do that all the time.
The moment you advertise it as being branded in any way, all bets are off. It always comes back to how the use of the branded item will have an affect on the image of the company (good or bad). If it can have an affect on their image, you must get permission.This gets me wondering, what about using part of a product of theirs, such as, pens made with beer labels, pop cans, old watch faces. Does this fit in with copyright laws at all?
What goes on a stamp is owned by the postal service - they usually commission an artist to create the design (sometimes they have competition for the designs) but once a design is selected it is owned by USPS.So what about Postage Stamps?
I'm talking mostly about the "special" ones issued to commemorate a football team, 50 years of 'whatever' etc, etc... They are intended to go onto letters for posting, putting them on pens is repurposing.
eg a postage stamp honoring a Football Team (or anything else) that uses the teams logo/ Jersey etc. Or even "American Birds" the artwork (I suspect) will belong to the artist, the organisation or the Postal service.
Well if someone won an 8 figure lawsuit against me - fat lot of good it would do them. I would of course tell them that I'd much rather owe it to them than ever try to cheat them out of it.I have read about copyrights and trademarks on several forums over the years and whenever an attorney pops up, they definitely put the quietus on the unauthorized use of any item. IIRC, their average lawsuit settlement was 8 figures. Wanna play?!
Interesting thread. Apparently stemming from three pens I made with decals recently. Two for a cousin and, one for a friend. None are for sale. What was in my heart, certainly wasn't larceny. I just thought the guys deserved a one off for their devotion to their favorite schools. And, they looked pretty cool, and I liked the challenge.
I've learned from this venture though. I won't make anymore pens using a logo and, post photos on the internet ANYWHERE. And, I don't think I'll be sharing any information about how I make them, as I have with these pens. I didn't anticipate it turning into a thread like this. Although, I do appreciate the input on the subject. Thank you!
Just in case anyone has any question about the legal aspect of the decals on the dalecamino, they were purchased from Richard Childress Racing in 1995 thru a Chevy dealership in Indianapolis.