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O/T Question on legality of using trademarks

Discussion in 'Off Topic Threads' started by ShootinSue, Oct 27, 2011.

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  1. ShootinSue

    ShootinSue Active Member Supporting Vendor

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    I have a question regarding the use of company trademarks/copyrights such as Perazzi, Browning, ATA ect. In the past few months we have noticed several businesses applying these company's trademarks/names to their garments to sell their products. We have checked with several of these companies and we CAN NOT apply their trademark name on any of our products such as Perazzi, Browning and the ATA. I know several do advertise their products with these trademarks. Isn't this trademark/copyright infringement?

    We have had hundreds of requests to apply the trademark names on our garments however we can't. How is it that these other businesses can? Anyone?

    Thanks, Sue at Pine Tree Sportswear
     
  2. Dougbbbb

    Dougbbbb TS Supporters TS Supporters

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    You need to license the trademark. Contact the owner and negotiate a price to use their trademark. Otherwise known as licensing fee.

    Doug
     
  3. pweld

    pweld TS Member

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    Having been in the embroidery business copyright infringement, unless enforced (such as Harley & Disney) Is everywhere. Did you ask how much to buy the copyright usage. Them that I know that do it have bought the rights to emb the product name. Some company's will only allow a few to copy their trademark name.

    Paul Welden
     
  4. j2jake

    j2jake Well-Known Member

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    Bought some shirts at the Grand from on site vendor. He stated he had to pay the ATA a fee for each logo he put on a shirt or hat he did. Same vendor regularly does Perazzi but don't know about that one. Why not contact him and ask. Jake
     
  5. AveragEd

    AveragEd Well-Known Member

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    I experienced the same thing as Jake. I also can tell you that many companies even have a likeness of their logo protected. For example, it is illegal to put any wording other than "Chevrolet" or "Chevy Trucks" inside a bow tie logo. Many dealers have designed a logo of their name inside a bow tie only to be taken to task by GM and forced to cease using it.

    Ed
     
  6. ShootinSue

    ShootinSue Active Member Supporting Vendor

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    Thank you for all the information however, we have asked the ATA and we got a flat NO to using the logo, no negotiation on that one, which I feel is somewhat unfair. Some of the other companies gave us the same answer and a couple of the others wanted a very costly fee, per item, that would make the garment too pricey.

    Another question....if a customer requests the logo/trademark on a garment, can we legally apply it?

    Thanks everyone! Appreciate the input!

    Sue
     
  7. hmb

    hmb Well-Known Member

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    Sounds like a freedom of speech issue. HMB
     
  8. scott calhoun

    scott calhoun Well-Known Member

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    Sue -

    Regarding the ATA rejecting your request and your belief that it is "unfair" - it's possible that the ATA has an exclusive licensing agreement with other vendor(s). It's possible that someone paid a premium to have exclusive rights to sell merchandise with an ATA logo.

    A coupe of years ago I bought a hat from a "tent vendor" at the Grand with the logo of a domestic gun manufacturer. This manufacturer also has a storefront in Sparta. I asked the owner of the company if they had licensed their logo to other vendors and he told me they had not. When I asked why they let other businesses sell their logo, he told me that his company didn't have the time to run an accessories business so if someone else was selling stuff with his logo at least he was getting free advertising out of it. I'm sure some of the larger manufacturers wouldn't look at it that way, but this was a smaller manufacturer.

    Scott
     
  9. ShootinSue

    ShootinSue Active Member Supporting Vendor

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    Thanks Scott, I guess the "unfair" was a personal comment and I understand all the decisions are the company's rights.

    Thank you for the information. I guess the best thing for us to do is contact our attorney to understand the way companies allow use of their trademarks. Just thought I would ask the question since there are so many knowledgable people that post on here.

    Thanks again everyone, we will do some checking..........

    Sue
     
  10. pweld

    pweld TS Member

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    Copying anyone's logo or trademark can be illegal. You may do it for a long time before you get caught but when you do you will loose everything. Your attorney may be able to write you some letters asking about your use of their logo and get a better answer. Your best bet is to contact an attorney that is in that field as it can get complex. Do you digitize and if so who owns the digitizing that you did. Want to be careful on that one. Not really enforced but if it comes down to it it depends on what you say or what your contract reads.

    Paul Welden
     
  11. ShootinSue

    ShootinSue Active Member Supporting Vendor

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    Thank you Paul, We haven't used any companies trademarks or logos however we have tried to find out how all the other shooting garment vendors get permission to use them since we have noticed more and more doing so.

    We have contacted an attorney to see what we can find out. It is quite complicated. Thanks again!

    Sue
     
  12. mwm86

    mwm86 Member

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    Sue, I too have wondered this. I own an embroidery business and have a decent handle on the dos and donts of copyright infringement. Most of these bigger companys have a particular producer of their goods so that they can sell it themselves and make better profit, so I ask the same question, how do these fly by nights continue to get away with reproducing the Big Name goods. My thought is like a few of previous posters, they just haven't been caught. God help them when they do. Most if not all of these big companies do not take it lightly.
     
  13. Barry C. Roach

    Barry C. Roach Well-Known Member

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    A company, I once worked for, sold a very larger piece of equipment to grain elevators. As a "thank you for the business" gesture we'd have a professional photo taken of the equipment on site and presented to the manager to hang at his pleasure.

    One time, in one of the pictures, we inadvertently caught an another grain company's logo, painted on the side of one of their silos about a 1/2 mile away down the railroad line. It was very fuzzy but it was obvious what it was. There was only one snapshot sized print and one enlargement made and it hung behind the grain elevator manager's desk in his office.

    Somehow the other grain company found out and made us give them both prints and the negatives or they were going to sue us. It could have been worse. Those big companies don't play.
     
  14. Steve W

    Steve W Well-Known Member

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    One of my neighbor is a V.P. of a world famous toy company, his only job is travel around the world to negotiate licencing rights to make toys that look like the real products. So the famous toy blonde can legally drives a Ferarri or anything she desired.

    Those who are using unauthorized logos are doing something illegal , it's not something worth of doing. Most of these cases will settle outside the court, but the the legal fee could cost more than your profit.
     
  15. ShootinSue

    ShootinSue Active Member Supporting Vendor

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    Several years ago, when we added the embroidery service to our shooting garment business, we were told to be very careful of what we digitized to embroider on our clothing. We were told that if we applied logos or names of companies with registered trademarks, especially worldwide companies, without permission or licensing, to sell for profit, that if caught, it could run into the millions of dollars of legalities. It could get real ugly.

    But, you see it being done everywhere and you know some of these businesses profiting from the logos/trademarks aren't licensened. It is so easy to copy and use these anymore.

    My question was how are they getting permission and/or rights to use the trademarks. We have contacted many of the companies to find out and have been told that we can't.

    Thanks for all the input..very interesting!

    Sue
     
  16. hmb

    hmb Well-Known Member

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    Use ATA as a logo, it stands for Astronauts Traveling Above. Or use Perazzi, it's a wine tasting shirt. HMB
     
  17. BROWNST100

    BROWNST100 Member

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    Suzie-Q....embroider "your" picture...NOT "TERRY'S" ...on your items. You'll sell a lot more.

    Vern
     
  18. ShootinSue

    ShootinSue Active Member Supporting Vendor

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    LOL Vern, I don't think that would sell many shirts....How about you and Brenda????
     
  19. BROWNST100

    BROWNST100 Member

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    I'm afraid if you put our pictures on your goods...no one would buy them.

    Vern
     
  20. pweld

    pweld TS Member

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    While we are talking about embroidery can I hijack part of it? I am going out of business and have a 12 needle single head with a lot of accessories for sale. Also a hat and shirt heat press for sale. Send me a pm. Nice ones please!

    Paul Welden
     
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