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Need Help Help-Can I use this logo?
- Thread starter mcngrafix
- Start date
Gino
Premium Subscriber
So, the original question was about if the OP was allowed to use the logo or parts of it or change it around a little bit.
Sounds to me, that most of you are saying he is allowed to break the law and trademark copyrights, as long as he doesn't get caught, based upon most of you have done it, therefore making it alright. Is that correct ??
Since when is breaking the law..... in our own industry, allowable for small infractions, but as soon as one of you guys makes a freebie drawing for someone, gives it to the client, you scream bloody murder when you see your design being used ?? Then you wanna go break their kneecaps and demand high amounts of money for worthless copied and pasted pictures y'all call logos/designs.
How does this system of yours work ?? You're always pointing the finger at the other guy, but yet you tell people here to go right ahead and do it. You people talk out the Hershey Tunnel.
Sounds to me, that most of you are saying he is allowed to break the law and trademark copyrights, as long as he doesn't get caught, based upon most of you have done it, therefore making it alright. Is that correct ??
Since when is breaking the law..... in our own industry, allowable for small infractions, but as soon as one of you guys makes a freebie drawing for someone, gives it to the client, you scream bloody murder when you see your design being used ?? Then you wanna go break their kneecaps and demand high amounts of money for worthless copied and pasted pictures y'all call logos/designs.
How does this system of yours work ?? You're always pointing the finger at the other guy, but yet you tell people here to go right ahead and do it. You people talk out the Hershey Tunnel.
StarSign
New Member
I have had people tell me, if it's for personal use then it's OK, not sure how that works. We do turn some jobs away when it comes to copyright. I do know there are brands out there who watch hard for illegal reproduction (Hard Rock Cafe and Jimmy Buffet). It's a lot like speeding, 1 mile over and it's speeding everyone does it and it's against the law and we are all fine with it, until, you get caught. Now the chances of getting caught reproducing material are probably slim to none. That is until you help a customer with all the signs for his new restaurant Pina Coladaville and bam BUSTED. I believe the word used earlier was integrity
SightLine
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What many also fail to consider is that say the mark is yours. Your company has spent many many years developing the brand and the worldwide recognition of the brand that you created. Now someone is going to copy your work and profit from your work. Me, if you are going to just copy my work to sell it to someone then I want a cut of the profit. As far as copying a mark but altering it so it is not exactly the same - at least here in the US that is still not acceptable. The courts will rule against you every time with the term "reasonable likeness" - if its obvious you are trying to mimic the look of a mark but also trying to skirt the law by slightly modifying it, that is not gonna fly.
Many good points in here though. In many cases for certain uses like racing sponsors, the owner of the mark more often than not does not care at all if you print/cut their logo to put on the car. The key is that it is their call on whether they are fine with that, not yours. Personal use does not matter one bit unless it is for YOUR personal use - then certain fair use laws "might" apply. If you are producing it for someone else, especially for profit there is zero legal use of someone elses mark without their permission. Again though for certain things its more of a grey area like sponsorship's where the owner of a mark is a sponsor and time is of the essence to get the mark on the car, banner, sign, whatever. Even then it is still always best to at least make a quick try to contact the marketing dept or whoever to assure that you have the absolutely correct version of their logo. Probably 75% of the ones you find online at places like BOTW are not the official original, they are copies that are very very frequently poorly done and not quite accurate.
Many good points in here though. In many cases for certain uses like racing sponsors, the owner of the mark more often than not does not care at all if you print/cut their logo to put on the car. The key is that it is their call on whether they are fine with that, not yours. Personal use does not matter one bit unless it is for YOUR personal use - then certain fair use laws "might" apply. If you are producing it for someone else, especially for profit there is zero legal use of someone elses mark without their permission. Again though for certain things its more of a grey area like sponsorship's where the owner of a mark is a sponsor and time is of the essence to get the mark on the car, banner, sign, whatever. Even then it is still always best to at least make a quick try to contact the marketing dept or whoever to assure that you have the absolutely correct version of their logo. Probably 75% of the ones you find online at places like BOTW are not the official original, they are copies that are very very frequently poorly done and not quite accurate.
Geary
New Member
Since you publicly asked...No...you cannot legally do it for money...unless you perform the task for "educational purposes" and no money gets exchanged. I surmise that most of the guys here that say ...just fricken do it, no big deal, are really suggesting that you should've never brought it up in the first place. But, since you did....well.....there you have it.
Patentagosse
New Member
I'm with you 100%
Most companies don't even have replacement decals (good example: RV / 5th wheel makers) so we're asked every week to copy 'em due to non-availability. None of these big companies will ever spit on free advertising (as long as it's related to what they sell). Do you really think Harley-Davidson will sue someone who has his trailer wrapped with a nice bike picture and H-D logo ? Don't think so... 'seen this countless times and it wasn't dealer's trailer. I hear you about copyrights and YES, it's better when you have a written permission but even when I'm doing jobs for car / truck / motorcycle dealers, they rarely ask for approbations from their brands' marketing dept. When they supply Graphic Standards Guide, we gladly use it but most of the time my customers want to step out of the standards has they are too "low profiles" and non-attractive.
There's a big difference in copying a logo for a customer's project and selling 'em in big quantities on eBay... If you're making money on their back using their logo, that's where I agree with Gino's POV
If you scratch your bicycle frame and want the Nakimura logo back on it after bodyshop repainted it, I'll never turn my back on it.
shoresigns
New Member
No, but they'll sue the guy who's wrapping the trailers. The more you do them, the more likely you'll get on their radar. Harley-Davidson is well-known as a company that goes after trademark infringers. When you own a trademark, you're actually obligated to protect it, or you could lose it.
Urban Outfitters Sued by Harley-Davidson - Again - for Trademark Counterfeiting
Harley-Davidson sues again over logo - Motorbike Writer
Harley-Davidson suing Forever 21 | BizTimes Media Milwaukee
Urban Outfitters just pulled this illegal T-shirt after being sued for using a major company's logo
Harley Sues for Trademark Infringement | CycleVin
Harley-Davidson awarded over C$100,000 in counterfeiting case - Lexology
Harley-Davidson sues custom clothes maker for trademark infringement
Marlene
New Member
hey, long time since I've seen your name pop up!!! good to see you again!
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ColoPrinthead
Guest
Ferrari was not very happy about Deadmau5's Purarrai wrap http://jalopnik.com/ferrari-sent-deadmau5-a-cease-and-desist-about-his-purr-1627640534
C
ColoPrinthead
Guest
These are client provided files, you are sharing?
Patentagosse
New Member
All good examples. All between a big company vs. other big names.
Seen on the net, not something I've done.
Attachments
Yes there would be a problem with people laughing at all that crap on their bike or whatever those things would be getting applied to, lololololololol
shoresigns
New Member
Yes, I realize all the examples I gave were bigger companies sued by Harley. No one's going to write a news article about the little guy that got sued.
dale911
President
I disagree. The news loves stories about the giant trying to slay the little guy in the ring. What I noticed about all of those lawsuits is that all of the defendants were trying to make money off of HD trademark. In the case of reproducing the logo for someone's personal use, such as to replace an emblem that they can't get anywhere, its restoration. It's not use of someone's trademark for personal gain such as using the trademark to sell shirts or using it to gain public notice such as the racing example. Yes, trademark law states that it cannot be reproduced without permission of the owner but the work that is done 90% of the time isn't with the goal of making a mint on the logo, its to help someone out. Doesn't make it less illegal but motive goes a long way. In a different case, I produced 24 "pink panthers" and "Owens Corning" for a sign company that installed them on a company's fleet of vehicles as they were licensed resellers of the product. In that case, they provided me a trademark use letter for that purpose.
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