Artist > Copyrights/Trade Marks info/questions
Who here deals with Affinity?
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Mr Tees!!:
So we printed a few small orders for a retailer licensed and approved thru Affinity (three orders, a few dozen each), for a local medical college here.
We also looked into getting licensed ourselves, so we could embroider the logo on on individual lab-coats and scrubs. We realized the fees and various hoops to jump thru wasn't worth our time for a few items throughout the year, so we didn't proceed forward.
Since then, the licensing person at the school (NOT an employee of Affinity), has been hassling us to join. Today, we recieved an email stating that we would be pursued for back royalties on those orders if we did not join the Affinity program, and specifically stated that they would contact THEIR Affinity rep to proceed. She also informed me that she would be informing the retailer to not use us going forward.
-To me, this feels not only like double dipping for royalties on the same garments, but also a bullying tactic to sell another license agreement FOR Affinity.
-We also print MUCH more stuff for the same school thru another Affinity licensee promotional products firm. We have never had issue with that account, as he pays royalties to the school. I also know that he sources many promotional items (pens,etc) overseas, and has never had to provide info on where he is sourcing items...so clearly they do not follow up with with the decorators/suppliers overseas for licensing and royalties.
I feel like i am being pressured and bullied only because i am local and somehow on their radar. I also feel like i am being a bit discriminated against here for the same reason, as they don't pursue every supplier in the world, but ARE pursuing me. I aslo feel like they are using the situation as "leverage" to get us to join...as she said we wouldnt be pursued IF we proceeded with Affinity.
...so does anyone here deal with Afiinity? CAN they demand licensing form both the reseller and the decorator? As I understand this, that means they get a 12% royalty from both of us, equaling 24% on each garment.
...Any thoughts or input here would be greatly appreciated, before I go talk to a lawyer.
...Thanks all!!!!
repogolfer:
We got a call from one of their attorney's once and that was all I needed to just post a list on the wall of fraternities we would not print for. Apparently we thought the president of the fraternity had the authority to get items printed for a dance they were having...LOL...we were wrong. Then they got audited and our company showed up in their books. They were cool with us and we declined joining once we looked into what hoops we needed to jump through.
From their website it looks like the reseller doesn't need to belong to the group as long as the decorator is part of the group. Maybe the person at the school is pressuring you so they don't have to keep up with their end. I would think whomever it is that send them proofs and gets approval for items is the one who needs a license...but that might not be correct.
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Who needs to become licensed?
Answer:
Any group or individual that wishes to trade on the goodwill associated with our clients' marks, and benefit commercially from utilization of those marks, must become licensed in order to do so. A vendor is not required to become licensed in order to resell products produced by a licensed manufacturer, so long as they do not further embellish the product or expand on the use of the insignia.
Atownsend:
We do a lot of contract printing in the greek space. Our contract customers own the license. We do the production but they handle the royalties since they are selling to the end user. In the beginning we did have to submit printed samples to Affinity and also send them insurance having them listed as additionally insured.
I don't see how they could double dip on the royalties. That doesn't sound right. The retailer was paying the royalties correct? The retailer needs to let them know that you are printing on their behalf. This is crazy... I better not be wrong on this because if I am im totally effed hahaha.
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