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Jgrden

Jgrden

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Joined
Mar 27, 2009
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Location
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I need to make a bullet pen with red wing top. Guess if you were me, you'd go to the Red Wing site to capture their logo and pirate it. Right?
 
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In a word NO!!!!!!!!!!!!!!!!!!, Pirating is a path you really don't want to travel, If your making it to sell. The Detroit Red Wins and the Red Wing shoe company both have their logos and their lawyers are bigger than yours.
 
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Its always best to go to the site, locate the contact us link, and ask. The worst they can say is no. I'd be surprised if you get a yes, but if you explain what your intentions are then it is possible. On occasion I have got a release to make a gift or donation to organizations/fundraisers (I think they are more likely to allow it if they also support the same charities). Make sure you get and keep any and all correspondence.

I donated some scroll work for a cancer walk auction. Later I was notified of copyright infrigement due to publications/notifications of the auction. I submitted the copies of letters, and all was fine. However, I could have been in serious trouble without it.

If you are intending to sell using their logo, you will most likely be liable to purchase a licensing agreement. I have contacted several universities/pro teams on this previously, they are usually a miniumum of 1 year agreements for more money than I have or could recoup which doesn't make it a good investment.

Some will say if you are giving as a gift or keeping for yourself, then you should be fine. I personally wouldnt follow this advice either. Its just better to be safe than sorry. If a customer asks me for a Dallas Cowboy pen, I will tell them I can make you something in blue and silver, however I dont do anything other than that. I tell them you can then take it and have it engraved if you can find someone who will put it on there, however afterwards I will in no way touch or repair product.
 
What if said logo was located and say Photoshopped to something close? I guess what I am asking is if a exact copy is a infringement how close does it have to be to be worried?
 
If it resembles in anyway, you could be in trouble. Some companies have been known to sue others for using the same fonts and styles. I wouldn't press any buttons to have attention drawn towards me. Like Roy said, there attornies are bigger than yours. They have teams of legal experts, wouldnt want any of them using me for an example.
 
Makes no difference where or how you obtain it, even if it's not excatly the same but close enough to be mistaken for it your open for a lawer knocking on your door.
snyiper said:
What if said logo was located and say Photoshopped to something close? I guess what I am asking is if a exact copy is a infringement how close does it have to be to be worried?
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Whoops, looks like I am in deep doo doo. Not going to do it. I will contact the Red Wing guys and go about it the correct way. I am sure they will say no, but who knows. Gotta try any way. This has not been a good day.
 
A lot of times, if you explain it's a one-off custom piece, you may be surprised (depending on the nature of their marketing dept. The more hardlined ones (i.e. Disney, Coke/Pepsi/Bud, most pro sports, etc) will automatically say no, but a lot of others may say yes, or as was mentioned, may allow if offered a donation in their direction in lieu of fee-for-use. Make it clear to them that you have no intention of advertising the item to general customers, and that you are making something specific for the use of a single customer, something that they do not provide, so you are not competing with their products. Maybe even offer to make a duplicate and send it to them.

Your willingness to come to them and ask in the first place is a good indication in your favor.
 
toddlajoie said:
A lot of times, if you explain it's a one-off custom piece, you may be surprised (depending on the nature of their marketing dept. The more hardlined ones (i.e. Disney, Coke/Pepsi/Bud, most pro sports, etc) will automatically say no, but a lot of others may say yes, or as was mentioned, may allow if offered a donation in their direction in lieu of fee-for-use. Make it clear to them that you have no intention of advertising the item to general customers, and that you are making something specific for the use of a single customer, something that they do not provide, so you are not competing with their products. Maybe even offer to make a duplicate and send it to them.

Your willingness to come to them and ask in the first place is a good indication in your favor.
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I like your idea.
Thank you,
John
 
Here's something to think about---you are set up at a show selling. The state police walk up and close you down and haul you and all your stuff off to jail.
Trust me this happens more times than you would believe. Be very careful about your inventory. Just because you get the stock from ebay or here does not make it legal to resell. Also remember that the laws are different in other states.
 
John
You may find that it's not the Red Wings you need to approach but the NHL. I believe the League owns the marketing rights. And in that case it may make your quest a little harder. Unless you're close friends with "weasley" Mr. Bettman!

Jeff
 
dexter0606 said:
John
You may find that it's not the Red Wings you need to approach but the NHL. I believe the League owns the marketing rights. And in that case it may make your quest a little harder. Unless you're close friends with "weasley" Mr. Bettman!

Jeff
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This does not sound good. :confused:
 
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