Author Topic: trade marks, etc.  (Read 1103 times)

Offline terryei

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trade marks, etc.
« on: July 07, 2011, 06:43:55 PM »
This is for all you arm chair lawyers.
Let's say I screen a Harley T-shirt, and give it away.
Is this trade mark violation?
Had a disscussion with an employee.  He said if you don't make money on it, it is not illegal.
I'm not to sure about that.
What if I was having an open house and gave away Harley T-shirts.  More people came to the open house, and I got more business from that.
NOTE:
I am not having an open house, and am not screening Harley t-shirts!
This is just a hypethetical event that we talked about today.
What say you?
Terry


Offline prozyan

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Re: trade marks, etc.
« Reply #1 on: July 07, 2011, 06:51:58 PM »
This is for all you arm chair lawyers.
Let's say I screen a Harley T-shirt, and give it away.
Is this trade mark violation?
Had a disscussion with an employee.  He said if you don't make money on it, it is not illegal.
I'm not to sure about that.
What if I was having an open house and gave away Harley T-shirts.  More people came to the open house, and I got more business from that.
NOTE:
I am not having an open house, and am not screening Harley t-shirts!
This is just a hypethetical event that we talked about today.
What say you?
Terry

Trademark infringement requires no monetary gain or loss to be infringement.  Simply producing the goods without permission is infringement, regardless of what you do with the goods after.

To clarify a little further, trademark law does say the trademark must be used in commerce on goods or services of the owner for infringement to occur.  This is often where people believe they can manufacture trademarked designs for personal use.  However, trademark dilution falls under trademark infringement as well, and this is kind of a catch all for these situations.  All the trademark owner has to do is show that their business is somehow compromised by the action.  All Harley needs to do is file a complaint that your (hypothetically) giving away shirts is preventing people for purchasing them from Harley.
« Last Edit: July 07, 2011, 07:04:24 PM by prozyan »
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Offline mk162

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Re: trade marks, etc.
« Reply #2 on: July 07, 2011, 09:58:58 PM »
good answer!

Offline tonypep

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Re: trade marks, etc.
« Reply #3 on: July 08, 2011, 08:39:03 AM »
This is for all you arm chair lawyers.
Let's say I screen a Harley T-shirt, and give it away.
Is this trade mark violation?
Had a disscussion with an employee.  He said if you don't make money on it, it is not illegal.
I'm not to sure about that.
What if I was having an open house and gave away Harley T-shirts.  More people came to the open house, and I got more business from that.
NOTE:
I am not having an open house, and am not screening Harley t-shirts!

That is correct. In fact even reproducing a Harley or other any automative product without the emblem or logo is technically illegal although not enforced much. Some of the larger car shows are now being restricted to use licensed vendors only. I remember once when; against my advise, we produced an awesome Heineken bottle cap design and submitted to corporate to "show what we could do". You want to talk about a legal smackdown! We had to submit evidence that all products and materials used to create that product were destroyed. The indignant owners were crushed although secretly put pinky to cheek and say "Told you so"
I used my inside voice.
This is just a hypethetical event that we talked about today.
What say you?
Terry

Trademark infringement requires no monetary gain or loss to be infringement.  Simply producing the goods without permission is infringement, regardless of what you do with the goods after.

To clarify a little further, trademark law does say the trademark must be used in commerce on goods or services of the owner for infringement to occur.  This is often where people believe they can manufacture trademarked designs for personal use.  However, trademark dilution falls under trademark infringement as well, and this is kind of a catch all for these situations.  All the trademark owner has to do is show that their business is somehow compromised by the action.  All Harley needs to do is file a complaint that your (hypothetically) giving away shirts is preventing people for purchasing them from Harley.