reselling licensed items

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pensmyth

pensmyth

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I bought some drawer pull knobs from a vendor who is licensed to make and sell items with NHL, NFL and NCAA logos. I took two and made them into bottle stoppers with a couple of kits I had laying around. My question is am I allowed to re-sell these items now that they have been "repurposed" into something else?
 
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maybe

pensmyth said:
I bought some drawer pull knobs from a vendor who is licensed to make and sell items with NHL, NFL and NCAA logos. I took two and made them into bottle stoppers with a couple of kits I had laying around. My question is am I allowed to re-sell these items now that they have been "repurposed" into something else?
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I know that Zippo lighters makes NFL, NBA and MLB logo'd lighters that they sell to resellers and there is no problem with the NFL for the resellers. As most items, once they have licensed the use for drawer pulls it's hard for them to say how those pulls can be used. Obviously you could put them on a chest of drawers...so why not a bottle stopper.
 
I would say there is no problem reselling them. Here is why. You did not put the logo on the knob. it was already there when you purchased it. You used to be able to buy logo end caps for pens. there was no need to have a licenses or permission to resell those.
 
Interesting.

I was in a fabric store recently buying foam. There were several signs around the fleece yard goods that were NFL logos, college logos, etc, that indicated the licensed products were sold for end-user use only. The intent sounded like the products were not to be used for making resale items.

It appeared the fabric store was trying to protect themselves.
 
We have had this discussion many times on this forum. There are good arguments on both side of the issue. I am of the opinion that you cannot buy a licensed logo and then use that logo to enhance the value of another item. The "License" extends beyond the tangible object, it covers the USE of the logo, what it repesents. The logo has to do with brand recognition. If you don't have permission of the license holder to use the logo on your bottle stoppers than you can't leagally use the logo.
 
Daniel said:
I would say there is no problem reselling them. Here is why. You did not put the logo on the knob. it was already there when you purchased it. You used to be able to buy logo end caps for pens. there was no need to have a licenses or permission to resell those.
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I would say that repurposing and reselling these items will get you in more trouble than you can imagine. NFL, NCAA, and NASCAR take their copyrights seriously and will come after the smallest vendor, just to reinforce their licensing agreements.

The "expressed written consent" clause is their umbrella. You DON'T have their expressed written consent. THEREFORE YOU are violating their copyright. The owner of the copyright has the right to determine how their logo, et. al will be used. By bypassing them you have violated that right.

One company handles most NCAA school licensing. If you google NCAA licensing the site for all schools comes up. They will be happy to assist you with any copyrighted questions.
 
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Are we going to have this discussion again? Any advice given here, unless by an attorney who specializes in this area of law, is worth what what was paid for it. It seems to me there are four choices: (1) make whatever, sell them(which may be illegal, or not), and see what happens ,(2) pay for and get the advice of an attorney with knowledge in this area, (3) pay the licensing fee(s) and sell, sell, sell and sleep at night, or (4) leave it.

I'm not trying to be negative, but this topic will not be be answered here, or at least it hasn't been if I remember correctly. We have at least one member who is a patent attorney. And, I understand why attorneys or other professionals would be reluctant to give advice on a public forum. My intention is not to offend anyone but to just give my thoughts on this topic.

Do a good turn daily!
Don
 
Not being argumentative, but why doesn't the NFL (or whoever) jump on the cases of people, be that individuals or companies, that buy tickets to games and then resell them for 3, 4 or more times the face value of the ticket?
 
I agree 100%. And you can add the NBA, MLB, NCAA, PBR, PRCA, NHL, and a myriad of other alphabet permutations to the list. They are relentless.
Do a good turn daily!
Don


PenMan1 said:
NFL, NCAA, and NASCAR take their copyrights seriously and will come after the smallest vendor, just to reinforce their licensing agreements.
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Monty said:
Not being argumentative, but why doesn't the NFL (or whoever) jump on the cases of people, be that individuals or companies, that buy tickets to games and then resell them for 3, 4 or more times the face value of the ticket?
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That's easy, Mannie! Allowing scalpers to charge 5 or 10 times the face value of a
ticket helps with the perception that these tickets are a valuable commodity worth far more than face value.

Ask any marketing person for major sports, and they will tell you how scalpers make their sales jobs easier.
 
I'd use them

I would just use them. If the drawer pull use is licensed I wouldn't worry about it simply because you put it on something else.
 
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