Can I sell these legally?

[Tim Aucoin]

I know there are several (probably hundreds) of posts on here that talk about copyright infringement on such things as sports team logos, company logos, "peeing calvins", etc... but I've been asked to produce something that may fall into that "grey area" category.
A customer wants me to cut the "300 ZX" logo out for his car doors (black cast vinyl. He's putting it on 3 white cars of his). I've attached the pic he sent me. Very easy job to do, but could it come back to bite me? There is no (R) or TM beside the text. It's not like I'm cutting out the Nissan logo... But... I want to do the RIGHT THING!
Just thought I'd reach out for opinions. Thanks!

 

[Gino]

Technically, no, you cannot. Do others do it ?? Yes, all the time.

If you turn it down, the job will get down and probably sooner than later. Not many people have any ethics anymore and we all start to lose as we all turn the other cheek.

Personally, it's not a big deal, but you asked. I'm sure you can find those kits on line and that's what the guy wants you to beat..... price-wise. Think about it and do what your gut tells you to do.

 

[Tim Aucoin]

You make great points Gino! It's amazing how many "car decals" are being sold on-line through e-bay and many other sites. Mind boggling actually.
Nissan Canada has not returned my call(s). Perhaps they didn't take my question seriously or they just don't care! The local dealerships say they don't know. The particular one I'm being requested to do is 45" long for the bottom of the doors, and is not a "part" provided by Nissan... so basically it is a custom thing. Obviously whoever's car is in the picture had this custom made also. I will think on it a little more. There is definitely good profit to be made, because these folks who are hungry for these type of things (vanity items) will pay almost anything to have something "different" on their fancy cars!! I think I'll try Nissan one more time...

 

[Baz]

I would do it no problem.

It's just outlined text. If someone wanted to give me trouble over that i would say get over yourself.

 

[zmatalucci]

I'd do it...Vary it slightly maybe? Driving over the speed limit is illegal too, but I don't call the police and ask for permission when I need to go a little faster.

 

[CES020]

I don't think the car companies are fanatics about using their stuff. It's my belief that the car companies look at most knockoffs as free advertising. Harley and Disney see it differently. I've never heard of a single incident where a car dealer has gone after anyone. That doesn't mean it hasn't happened, it just means it hasn't run across the sites I've read over the years.

I wouldn't have any issues doing that one either.

 

[fresh]

You are not producing them for resale. That is where you get in trouble... selling something with a logo or brand that you do not have the rights or permission to do so is an issue.

 

[Mosh]

Do it, but put a Calvin in front of it....

 

[Gino]

You are not producing them for resale. That is where you get in trouble... selling something with a logo or brand that you do not have the rights or permission to do so is an issue.

I don't understand this at all. He never said he was gonna make these and put them on for free. So, why isn't it considered selling or a resale ??

 

[Biker Scout]

It's free advertising. I personally dislike advertising for other companies for free. They aren't paying me to wear that nike swoosh, so why am I participating in their little mass marketing game?

Anyway, the legal issue really evolves around you (the seller) misrepresenting the company (in this case Nissan) which you are not misrepresenting them in anyway. Until you specifically get a cease and desist order directly from Nissan North America, you can freely advertise for them. As long as you are not competing directly against them. For instance, if you were to take the Nissan logo and stitch it on some leather handbags and tried to pass them off as a legitimate Nissan gear, like from their store. That's a huge no-no. However, you can become an authorized vendor for such goods fairly easy. Large corporations usually shop through the ASI catalog and look for vendors and give them the necessary permission and correct files to use in the course of producing stuff like Nissan swag. Happens all the time.

And a dealership has no real corporate ties to Nissan North America. They are just merely authorized to sell on behalf of Nissan, and provide services. Therefore have access to parts catalogs and service manuals. Other than that, they'd be clueless. (as you have found out)

 

[Tim Aucoin]

So, what I am seeing here is go ahead and sell them (it's just an outlined typeface anyhow... and I looked... the term "300ZX" is not copyrighted by any means). Sell them... and then send an invoice to Nissan for advertising fees!!!! :Big Laugh Then eagerly wait by the mailbox for a cheque :ROFLMAO:

 

[gabagoo]

As far as I am concerned it is just type, so I would do it, besides, that car has to be 15 years old and you probably couldn't buy it from a dealership anyhow. Take me away in handcuffs, fine with me

 

[Baz]

I bet Nissan will make you wait for it to .. Like 90+, the bast#$%^.....

 

[Trip59]

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:ar3v2u.2.1

Typed Drawing

---

Word Mark	300ZX
Goods and Services	IC 012. US 019. G & S: AUTOMOBILES AND STRUCTURAL PARTS THEREOF. FIRST USE: 19831020. FIRST USE IN COMMERCE: 19831020
Mark Drawing Code	(1) TYPED DRAWING
Serial Number	73771222
Filing Date	December 23, 1988
Current Basis	1A
Original Filing Basis	1A
Published for Opposition	April 18, 1989
Registration Number	1547275
Registration Date	July 11, 1989
Owner	(REGISTRANT) NISSAN JIDOSHA KUBUSHIKI KAISHA TA NISSAN MOTOR CO., LTD. CORPORATION JAPAN NO. 2 TAKARACHO, KANAGAWA-KU YOKOHAMA-SHI, KANAGAWA-KEN JAPAN
Attorney of Record	Micol Cecchi
Type of Mark	TRADEMARK
Register	PRINCIPAL
Affidavit Text	SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20090616.
Renewal	1ST RENEWAL 20090616
Live/Dead Indicator	LIVE

 

[Baz]

Meh ..... I'd still do it and sleep well.

 

[Speedsterbeast]

Do it, but put a Calvin in front of it....

Thanks Mosh. That made me laugh.

 

[HIGHSPEEDGRAPHIX]

As far as I am concerned it is just type, so I would do it, besides, that car has to be 15 years old and you probably couldn't buy it from a dealership anyhow. Take me away in handcuffs, fine with me

Im with Gabagoo, its his car, he can put what he wants on it, your selling the service of doing what your customer wants. mass producing and selling on ebay is another story. that's a no no.......

Just do it!

opps thats tradmarked, I hope Nike doesn't get me for using that.

 

[fresh]

I don't understand this at all. He never said he was gonna make these and put them on for free. So, why isn't it considered selling or a resale ??

He could actually make them for free, and then charge for installation. And what I meant was OP is not mass producing decals to sell through retail or wholesale venues, "resale".

 

[iSign]

now I remember why it was always so easy to lose uncountable hours on this site


...I'd make them too, but I wouldn't make that decision based on the dozen different excuses written in this thread.
I'd do it from a simple risk assessment.

Is it legal? I don't know.

Is it possible that it is? Most likely

Is it high enough risk to give a damn? no

...but it wouldn't be more legal if I didn't charge
Try giving away Harley or Disney images for free & see how legal that fresh idea turns out

 

[Tim Aucoin]

now I remember why it was always so easy to lose uncountable hours on this site


...I'd make them too, but I wouldn't make that decision based on the dozen different excuses written in this thread.
I'd do it from a simple risk assessment.

Is it legal? I don't know.

Is it possible that it is? Most likely

Is it high enough risk to give a damn? no

...but it wouldn't be more legal if I didn't charge
Try giving away Harley or Disney images for free & see how legal that fresh idea turns out

Couldn't agree more!
Yeah, that's the ticket.... they're FREE, but will cost ya $60 each for shipping (or pick-up)!!!

 

[HulkSmash]

Wouldn't touch it. Not enough profit to even be worth my time or the risk.

And Fresh - It's illegal to sell it for a profit.