I understand your point, but there is literally a site called "brands of the world" so you can pull their design files that are legit corporate branding. Or at least damn close. And that obviously can shift from year to year depending on the brand.
They are able to skirt their existence because they don't do anything for profit and it's more about education about the brands and used as an identifier (well, that's the line anyway). What other people choose to do with that resource is something else.
But MY point is here, is that a the worst thing that will happen is a cease and disist letter.
Cease and Desist is the first step of the process. So no, that may not be the worse step that there is. Bare in mind, some will do what the cease and desist letter states and thus nothing more comes of it. I think that Disney had gone after some daycare places, in the 80s I'm wanting to say, that had drawings on the walls and those were taken down. So yea, it's a thing. And I think some of that was in the 80s like I said. Totally different time as far as tech goes and easily catching things.
And in all my years, that's never happened.
That's what 10 yrs? I go back to '94. What happens is that people get confident and eventually have to pay the piper. Some get lucky and never get caught, doesn't mean that it wasn't illegal, they were just lucky not to get caught.
Harley Davidson would likely go after someone making fake bike week merchandise at Sturgis or Daytona.
Well, I think SunFrog might think differently on that. Now they were printing massive amounts, but it all starts somewhere.
IF you're not churning out tens of hundreds of decals and selling them as retail items, you're not gonna have a problem. A single one off decal is not going to alarm any brand.
Who really stops at one that does this? After all you said this earlier:
Ive printed a bunch of harley davidson stuff. Trust me, you aren't going to get sued by Harley for a one off decal.
Going back to what Bobby said, I think Buc'ees went after a company that did a short run of decals.
Of course, had Bass Pro go after some small Missouri shop over their logo and supposed confusion. They dropped it solely based on public backlash if I remember correctly. There is actually another one with Starbucks that lost. See, regardless if they are right or wrong, in order to maintain their brand protection, they have to actively pursue. You are talking about a company that is worth a billion if not two. Part of that is their IP. And with most of the companies, especially HD that we are talking about, have in house counsel that gets paid regardless if there is a case. And part of what that legal team has to deal with is trademark.
They literally deal with more retail theft loss in stores than they would ever need to consider to be concerned about with a brand decal that is ultimately going to promote their business.
That's actually misconception of that a decal in of itself is going to promote their business. What happens if it wasn't produced using correct colors, or they used an outdated logo that is no longer used by the company? I know that there are some old JD logos that I like versus their new one. But that's not where the money is going into now, it's the new "modern" one. Also, did the company get any proceeds of that sale? Something that wouldn't be a sale if their brand didn't have value. They are owners of said brand that has value, but they didn't make any money off that sale. That's not helping them in anyway. What happens if it was used in promotion of something that is a controversial topic? In this day and age of polarity with controversial topics, oh boy, I can see that going viral and causing some attention, even it was just one shirt, one hat, one sticker.
Maybe a customer CANT GET an outlined all white version for a black tool case or something in their shop. Etc. There are a ton of reasons why someone would want to go to a shop for a custom decal that harley or any other brand simply doesn't offer.
Who owns the property? That's one of the joys of actually owning something, get to decided how it's used, in what context it's used and if the availability of swag goes away. It may suck, not going to lie, but it is what it is.
I'll leave with this as well, we have people that pay (or do something) to get/keep their licenses and they only do what the respective company lets them do. Here one goes, illegally replicates something that they can't do, because of their contract and what the owners allow them to do.