skamrath1
Member
I have a customer that wants some pens with sport team logos on them.I him I wasn't sure if I could legally use the logos but I could do team colors. So my question is can I use team logos without any repercussions?
You can use these. College Rod Decals | mudhole.com
They said before that it is okay to use their decals.
So what about a product that was purchased by the customer and you are asked to Clear cast it for them and charge for the pen only?
The pen would be the same price no matter what the customer wants on it. You make no profit from the licensed item
So, is it okay to use a decal or team colors and give the pen as a gift?...no money exchange at all?
Also, I checked on logo decals from Mudhole some months ago. They had decals but they were pricey. Then they want $20.00 for shipping a couple of little decals! They did not get my business...........
Yes I will stick with team colors lol
Yes I will stick with team colors lol
You would want to be very careful, as stated team colors are trademarked too. For example it might be OK to sell a blue and silver pen ("this is my blue and silver pen"), but you would never want to say it is a "Cowboys", or even a "team colors pen". Even though the colors might not be an exact match to a teams colors they could say it was your intent to represent the team colors and could get you in trouble.
Yes I will stick with team colors lol
You would want to be very careful, as stated team colors are trademarked too. For example it might be OK to sell a blue and silver pen ("this is my blue and silver pen"), but you would never want to say it is a "Cowboys", or even a "team colors pen". Even though the colors might not be an exact match to a teams colors they could say it was your intent to represent the team colors and could get you in trouble.
Terry: As I understand it you can not trademark or copywrite a color such as, say, green & gold. You can however copywrite or trademark a formula to produce that dye lot required to make that color. If you change that formula just slightly, it's not the exact color anymore. Of course no one is going to give you the formula in the first place!! Same with a patent. If you change or improve on someone's patent, you can apply for a new patent. I think the main problem is someone representing thier item as being related to a team. This is against the law unless you have a written document saying you are licenced to sell this item as representation of that team. If you want to sell NFL pens, you will need a licence agreement from every team plus the NFL office. It would cost you millions. I think I would stay to colors and no logos. If someone asks if those are Green Bay colors, I would say "not exactly, but they are green and gold". I could be all wrong on this. There have been so many law suits lately that things may have changed. You could also check case to case and find different ruleings. Be careful!! If the buyer wants to call them Packer colors that's his choice, but don't represent them as such without that expensive piece of paper. Jim S
P.S. This reminds me of the thread were the guy was looking for green & gold blanks. And I related the story of the vender at the craft show in Crandon WI. that was selling "packer" green & gold pens. As soon as started asking about them he disapeared like a fart in a mitten. Actualy walked out of his own booth and quickly disapeared into the crowd. Leaving all his goods and money behind. I think he realized he said the wrong thing and did not have a licence to represent the Green Bay Packers.
Yes I will stick with team colors lol
You would want to be very careful, as stated team colors are trademarked too. For example it might be OK to sell a blue and silver pen ("this is my blue and silver pen"), but you would never want to say it is a "Cowboys", or even a "team colors pen". Even though the colors might not be an exact match to a teams colors they could say it was your intent to represent the team colors and could get you in trouble.
Terry: As I understand it you can not trademark or copywrite a color such as, say, green & gold. You can however copywrite or trademark a formula to produce that dye lot required to make that color. If you change that formula just slightly, it's not the exact color anymore. Of course no one is going to give you the formula in the first place!! Same with a patent. If you change or improve on someone's patent, you can apply for a new patent. I think the main problem is someone representing thier item as being related to a team. This is against the law unless you have a written document saying you are licenced to sell this item as representation of that team. If you want to sell NFL pens, you will need a licence agreement from every team plus the NFL office. It would cost you millions. I think I would stay to colors and no logos. If someone asks if those are Green Bay colors, I would say "not exactly, but they are green and gold". I could be all wrong on this. There have been so many law suits lately that things may have changed. You could also check case to case and find different ruleings. Be careful!! If the buyer wants to call them Packer colors that's his choice, but don't represent them as such without that expensive piece of paper. Jim S
P.S. This reminds me of the thread were the guy was looking for green & gold blanks. And I related the story of the vender at the craft show in Crandon WI. that was selling "packer" green & gold pens. As soon as started asking about them he disapeared like a fart in a mitten. Actualy walked out of his own booth and quickly disapeared into the crowd. Leaving all his goods and money behind. I think he realized he said the wrong thing and did not have a licence to represent the Green Bay Packers.
I don't think you copyright a formula (you definately can't trade mark one you trade mark what you can see not the process of making it) I think you would have to patent it - if it is patentable.
You're right that they can not trade mark the colors. Look at how many professional and college teams use some variation of red and white. Also, it isn't that unusual for professional or college teams to change colors.
I bought some blanks awhile back and one of them was green and gold, I made two pens of that blank and to be honest I never gave it a thought that it was the Packer's colors. But, if it had been green and silver I might have thought of the Eagles.....
plantman;1431036 There must be a lawyer or judge out there somewhere that could give us an exact answer on this. Jim S[/QUOTE said:I emailed my friend. His wife is a judge (7th district court of appeals) back in Ohio.
Well my layman's position is that even if you can copyright a formula - a copyright only protects you from someone else publishing it or making and distributing copies of it. It does not protect you from someone using it. All kinds of "how to" instruction books are published and copyrighted - the holder of the copyright has no recourse against someone using information from them.Yes I will stick with team colors lol
You would want to be very careful, as stated team colors are trademarked too. For example it might be OK to sell a blue and silver pen ("this is my blue and silver pen"), but you would never want to say it is a "Cowboys", or even a "team colors pen". Even though the colors might not be an exact match to a teams colors they could say it was your intent to represent the team colors and could get you in trouble.
Terry: As I understand it you can not trademark or copywrite a color such as, say, green & gold. You can however copywrite or trademark a formula to produce that dye lot required to make that color. If you change that formula just slightly, it's not the exact color anymore. Of course no one is going to give you the formula in the first place!! Same with a patent. If you change or improve on someone's patent, you can apply for a new patent. I think the main problem is someone representing thier item as being related to a team. This is against the law unless you have a written document saying you are licenced to sell this item as representation of that team. If you want to sell NFL pens, you will need a licence agreement from every team plus the NFL office. It would cost you millions. I think I would stay to colors and no logos. If someone asks if those are Green Bay colors, I would say "not exactly, but they are green and gold". I could be all wrong on this. There have been so many law suits lately that things may have changed. You could also check case to case and find different ruleings. Be careful!! If the buyer wants to call them Packer colors that's his choice, but don't represent them as such without that expensive piece of paper. Jim S
P.S. This reminds me of the thread were the guy was looking for green & gold blanks. And I related the story of the vender at the craft show in Crandon WI. that was selling "packer" green & gold pens. As soon as started asking about them he disapeared like a fart in a mitten. Actualy walked out of his own booth and quickly disapeared into the crowd. Leaving all his goods and money behind. I think he realized he said the wrong thing and did not have a licence to represent the Green Bay Packers.
I don't think you copyright a formula (you definately can't trade mark one you trade mark what you can see not the process of making it) I think you would have to patent it - if it is patentable.
You're right that they can not trade mark the colors. Look at how many professional and college teams use some variation of red and white. Also, it isn't that unusual for professional or college teams to change colors.
I bought some blanks awhile back and one of them was green and gold, I made two pens of that blank and to be honest I never gave it a thought that it was the Packer's colors. But, if it had been green and silver I might have thought of the Eagles.....
:redface::redface: Sorry Smitty, I got ahead of myself, you are correct, you can not trademark a formula, I should have said patent it. I do however think you can copywrite a formula. It would be treated the same as the score of a song or the words in that song. Again I may be wrong. There must be a lawyer or judge out there somewhere that could give us an exact answer on this. Jim S
All team logos regardless of sport can be used as long as you purchase the licensing agreement from team and governing organization.
Best thing to do is do not do it.
Alan