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Did i charge enough?
- Thread starter ActualGrafix
- Start date
Bill Modzel
New Member
dwt
New Member
There are a half dozen independent distributors in my area who are pushing amsoil products on their own dime for commission only. Amsoil doesn't provide support products for everyone who want to take a whack at it. These people, mostly semi-retired race fans, come in all the time to get small signs and banners for specific events. They are hardly crooks and use the images to move product units.
Also wondering if this is illegal why doesn't brands of the world get a cease ans desist order? There are no less than five images available.
Gino
Premium Subscriber
Don't know, so I can't tell ya. Guess it's just because we do EVERYTHING by the book.
Just today, we got an order that had a 'Fritos' logo in it. We requested more than just the reps Okay on this and we got a whole bunch of papers, e-mails and signatures and directions on how to use their logo in a matter of two hours. Now, we're Okay in my book.
Just because something seems to hard or to much work for such a little infraction.... that doesn't automatically mean it's Okay to break the laws of the land because you or someone else think so and can justify in your mind why as to not doing it correctly. You may very well be right, but on someone's sayso.... that doesn't cut it for me. I want it in writing. Last, they might just be a lazy company and not worrying about breaking or obeying the law....as long as they get their product out there. Again, that doesn't make it legal, just easy to get away with.
CheapVehicleWrap
New Member
omgsideburns
New Member
Nope but I did let him do a body shot of Jameson's on me.
He gave me a bag of Fritos, the Scoops kind. Hooray!
so all it takes is a bag of fritos?
Jackpine
New Member
Not enough
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G-Artist
New Member
There are many terms used in the retail industry that boil down to "license to use" when it comes to manufacturer's logo use.
The bottom line is if you lawfully resell a product you have an implied, if not actual, license to the originator's logo.
The only place that said implied license does not apply is where the seller MUST or is expected to have a direct contract with the manufacturer or licensor. Even there a 'restriction' can be iffy due to case law.
If there were no implied license then your local supermarket could not use product brand logos in their ads. Especially when they purchase from a distributor vs. factory direct. Purchases made via a distributor insures there is no direct nexus between the retailer and the producer. That is especially true in the liquor industry. ALL alcohol product purchases, at least those above 3.5%, have to be made through a distributor by federal law.
Let me ask a question. You are doing hole sponsor signs for a local golf tournament. The local Outback or Applebee's is one of the sponsors and you decide to use their logotype or their entire logo on the sign in place of straight-line copy (as it doesn't cost a cent more). Are YOU violating any sort of law?
The bottom line is if you lawfully resell a product you have an implied, if not actual, license to the originator's logo.
The only place that said implied license does not apply is where the seller MUST or is expected to have a direct contract with the manufacturer or licensor. Even there a 'restriction' can be iffy due to case law.
If there were no implied license then your local supermarket could not use product brand logos in their ads. Especially when they purchase from a distributor vs. factory direct. Purchases made via a distributor insures there is no direct nexus between the retailer and the producer. That is especially true in the liquor industry. ALL alcohol product purchases, at least those above 3.5%, have to be made through a distributor by federal law.
Let me ask a question. You are doing hole sponsor signs for a local golf tournament. The local Outback or Applebee's is one of the sponsors and you decide to use their logotype or their entire logo on the sign in place of straight-line copy (as it doesn't cost a cent more). Are YOU violating any sort of law?
threads1
New Member
Maybe..... What if the tournament was of an undesirable nature to the franchisor? Even though the local Outback was involved, the parent company may not want their name associated with the tournament. We ALWAYS get written permission on corporate headquarters letterhead. Years ago we were embroidering Greek letters for college sororities and fraternities. Just the 3 letters, no logos. One day this well dressed young man walks in and hands us a cease and desist letter from the Greek Council in Texas, I think. We were lucky to not get sued technically.
It's a CYA thing. Can your business afford a law suit?
It's a CYA thing. Can your business afford a law suit?
dwt
New Member
Technically, he was using fear and intimidation. Unless those were his clients' fonts and you were using a bootleg copy. Not that you want to go to court for a pissing contest, but I think I would have kept going. I'm sure the "greeks" want the individual frats to use their over priced products with the same generic letters from the "approved apparel maker".
G-Artist
New Member
A charity tournament of any kind that has PAID SPONSORS probably wouldn't be "undesirable" even if it ended in a brawl with a 100 cops called out. Those drunken golfers....sheesh!!!
If the franchisor has issues, they have it with the franchisee.
We have never been sued but have sued a few times. Not that I worry as my company is virtually judgment-proof. If they win they can have an open box of paper clips, a few elastic bands and a handful of used pens and pencils which are our total assets...plus any lint that may be around.
A bit of common sense goes a long way. If you want customers, especially those who use volunteers to get sponsorships, you don't toss roadblocks in their path or they will go elsewhere.
Now some idiot who wants logo decals to sell at the flea market or from his back bedroom via the Internet can find someone else to do his work.