Motorcycle themed pens

[ossaguy]

I love motorcycles, and working with a pen blank caster I made these three to match my Suzuki Van Van and BMW R65LS.
I would like to make more to sell to other owners, but I have read a lot of posts on copyrights. Is there anyway around it? Probably making just a few for friends and other club members.
Several other ones that I want to make are using vintage motorcycle logos that no longer are selling bikes. Would the same rules apply?
If I sold some and if someone wanted to enforce the rules do they just send you a letter to stop, or do you get a lawsuit slapped on you? Thanks for any advice.

 

[sorcerertd]

Can't speak to the copyright issue, but these look great!

 

[mark james]

I'm also not sure on the copyright question, but agree that the pens look awesome.

Also - Welcome back, nice to see you again.

 

[ossaguy]

Can't speak to the copyright issue, but these look great!

Thanks!

 

[egnald]

I don't know the legal aspects, but it would seem ridiculous for any manufacturer to be upset with free marketing publicity - very nice pens too - Dave

 

[ossaguy]

I'm also not sure on the copyright question, but agree that the pens look awesome.

Also - Welcome back, nice to see you again.

Thanks Mark!

I don't know the legal aspects, but it would seem ridiculous for any manufacturer to be upset with free marketing publicity - very nice pens too - Dave

Thanks!

 

[wolf creek knives]

I don't know the legal aspects, but it would seem ridiculous for any manufacturer to be upset with free marketing publicity - very nice pens too - Dave

I agree Dave BUT....Copyrighted material can get pretty sticky. I've been working on a project for several years now and all the copyright attorney's I've contacted tell me to leave it alone and keep it to myself. So it sits in my shop leaning against a wall and I can't tell anyone I have it, even if they've been told I have it. My suggestion is if it's Copyrighted material, or if you don't know, leave it alone. I've heard stories here, I think, where people look for copyrighted items being sold at big craft shows and then nail the seller. Disney is well known for this as are others. That's why I buy only licensed blanks etc.

 

[wolf creek knives]

I love motorcycles, and working with a pen blank caster I made these three to match my Suzuki Van Van and BMW R65LS.
I would like to make more to sell to other owners, but I have read a lot of posts on copyrights. Is there anyway around it? Probably making just a few for friends and other club members.
Several other ones that I want to make are using vintage motorcycle logos that no longer are selling bikes. Would the same rules apply?
If I sold some and if someone wanted to enforce the rules do they just send you a letter to stop, or do you get a lawsuit slapped on you? Thanks for any advice.

If you have a big check book you can buy your way around Copyrighted material and buy a license. But I think it's pretty expensive so unless you're going to sell a ton of pens you might want to think long and hard about it. I'm not sure of time restrictions but any copyright attorney would be able to tell you. Good luck.

 

[ossaguy]

I agree Dave BUT....Copyrighted material can get pretty sticky. I've been working on a project for several years now and all the copyright attorney's I've contacted tell me to leave it alone and keep it to myself. So it sits in my shop leaning against a wall and I can't tell anyone I have it, even if they've been told I have it. My suggestion is if it's Copyrighted material, or if you don't know, leave it alone. I've heard stories here, I think, where people look for copyrighted items being sold at big craft shows and then nail the seller. Disney is well known for this as are others. That's why I buy only licensed blanks etc.

See that's my worry but I am hoping I can make these three pens for these three customers. Someone suggested that they buy the kit and blank and they give me a gift of $25 would that work? So I don't know. When I was about ten years old I had a long long sheet of white paper about a foot high and drew out and colored out every motorcycle makes gas tank logo just for the artistic fun of it, and here I am wanting to do that with pens, as those badges stir up memories of wanting to own those bikes that I would study all about. I know there is interest out there for old retired racers and bike lovers that are hanging it up but want to be reminded of the fun memories.

 

[Penultimate]

I believe that you are infringing on trademarks (not copyright rights) using another owner's property for your profit. I administered trademarks for the last company I worked for. We were very aggressive at protecting our property, especially with a TM that could be considered generic, but wasn't. Your work could also be construed to be from from the company like BMW. My guess is the first thing would be a cease and desist order from the company. If you persisted then a lawsuit would be next.
You can search the US patent and trademark office, USPTrg to check if the old TM's you referenced are still owned or expired.
I'm not a lawyer but spent time in the intellectual property space.
Good luck.


Sent from my iPhone using Penturners.org mobile app

 

[wolf creek knives]

I believe that you are infringing on trademarks (not copyright rights) using another owner's property for your profit. I administered trademarks for the last company I worked for. We were very aggressive at protecting our property, especially with a TM that could be considered generic, but wasn't. Your work could also be construed to be from from the company like BMW. My guess is the first thing would be a cease and desist order from the company. If you persisted then a lawsuit would be next.
You can search the US patent and trademark office, USPTrg to check if the old TM's you referenced are still owned or expired.
I'm not a lawyer but spent time in the intellectual property space.
Good luck.


Sent from my iPhone using Penturners.org mobile app

Depends on the material. The piece I have was featured in a movie thus the copyright issue. It is also part of a historic building thus the trademark issue, and it's currently heavily defended by the owners. Like you, I'm no attorney but just repeating what attorney's told me. Best to leave it alone.

 

[JUICEDSS]

Not the most timely response but here is my experience from this week. I work at a very large law firm with a patent and trademark department. I was making Buffalo Bills cast tube in blanks. I thought I figured out a legal way to do this. I purchased legit decals from the NFL and put them on the blank and cast. From that, made the pens. Ok to give away but not to sell. Even though the NFL got their decal money you cannot resell for profit. Same goes for printed logos, ok to gift but not sell. We had a MLB client that modified baseballs and made them into something else. MLB stepped in and made them destroy their products. Just be careful.............