Copy right or trademark logos illegal

[bmgstang]

I see many people on ebay sell stickers of logos like transformer logos or car brands etc. Is this illegal? I've asked this before on a forum and got the answer "absolutely yes it is illegal" But thinking about it I see these stickers in the glass cases at stores all the time and theres no trademark or copyright printed on them so I assume they're made by someone just like the ones on ebay.

I also noticed a company that uses these logos in their aftermarket truck products, seems like it would be similar legality. Heres a link below to check out what they're doin (awesome products by the way!)

http://www.royaltycore.com/home/roy/smartlist_30/LOGOS

 

[Joe Diaz]

You can get permission or a licence to sell copyrighted content from the owner of that copyright. In other words the "rights" to "copy" it.

 

[bmgstang]

I understand that, then there would be a copy right printed on your product whatever it may be saying you have the rights to copy but these examples I gave have nothing like that. makes me wonder if theres a loop hole for these people?

 

[Techman]

I understand that, then there would be a copy right printed on your product whatever it may be saying you have the rights to copy

Nope. A notice is not needed.

 

[bmgstang]

hmmm... does anyone on this forum have permission to "copy" logos?

 

[SightLine]

Absolutely. We have permission to copy any one we produce. Then again we are generally producing them for the company that owns the mark or someplace like a franchisee authorized to use it. As far as producing stuff for the general public for retail. Not really, no. I'm sure some members here do though.

 

[96XP]

If they 'notice' one violator, they must 'notice' all violators, and that can be timely.

However, if policy is not fairly enforced on 'all', particularly when it is brought to their attention, then they may be creating 'unfair competition' and a disadvantage for the one who did get 'noticed' and is abiding, and that, is also illegal.

"He who comes into equity must come with clean hands."
So, if they 'notice' one and ignore the others, that 'notice' may be unenforceable and jeopardize any chance of their seeking equitable remedy based on the 'clean hands doctrine'. (principles of ethics and fairness)

It's a catch 22.

"Those seeking equity must do equity."

 

[visual800]

question: I got a tire company that I am doing lettering for and he wants the 4 major tire compnaies on the rear boxes. should i get permission? should he get permission?

 

[SightLine]

I would think a tire company can advertise any brand of tires their distributors will let them sell. The dealer woudl however be responsible for assuring any logos they use are done within the guidlines set by the respective manufacturers. For example using the correct colors, amount of space between their logo and other logos, etc. Many manufacturers have logo use guidelines.

Not that everyone follows or even looks into them...

On the main topic - there are companies that will agressivley pursure those who use their marks illegally like Disney, Harley Davidson, Collegiate Licensing (most all college and university marks), Ford, etc, etc. Places and people are sued, fined, taken to jail, given cease and desist notices daily from these and other companies. Then there are companies who do not agressivley pursue illegal use of their marks. Those are the ones most abused as those who illegally use the marks for their own financial gain without permission of compensation to the mark owner know they can get away with it.

Of course there are many just like our customers who think if they can download something from the internet then it must be free for them to use. Some are simply ignorant to the fact that logo marks, images, etc. are by default copyrighted works that are exclusivley owned by their creators. Often times the creators do not even know. That being said - as any should know. Ignorance of the law is not an excuse and does not make breaking the law acceptable or legal in any way. As has also already been alluded to in some respect is it also potentially brings other law breaking into play regarding unfair business practices and competition.

I know a local flea market here that was raided a couple of months ago. Mostly people selling fake products ranging from designer clothing, purses, car audio, movies and music, etc but I know at least one vinyl place and one t-shirt place selling shirts with unauthorized designs all got arrested, taken to jail. Their inventory, money on hand, records on hand, computers, even vehicles, all confiscated as evidence. Another one to keep in mind - the most common ones to tip the police or mark holders off on illegal use of marks or fake products, etc are the other shops who legally use the marks. In other words your competitors who are not thrilled with someone selling the same or similar products that are doing so with an illegal and unfair advantage. Don'e get me wrong - I do not really like a rat anymore than anyone else however I also do not like someone taking food off of my plate.

 

[Speedsterbeast]

I quite often do store front logos for customers, but they get the suppliers permission and sometimes co-op advertising dollars from the supplier to do so.
I have acquired the logos from the company themselves, online sites, such as brands of the world etc. and even have drawn them up myself from scratch.
But from my perspective getting permission from a representative of the company is key to me sleeping fine at night with no concerns whatsoever.

 

[MatthewTimothy]

actually several years back we purchased a package with all the logos in eps and the writes to print them. I will have to pull the name for them.

 

[sdodson1]

I could make an dishonest killing on all the kids that come in and want cartoon or vehicle brand names or logos. I simply apologize and tell them if they get me written permission from the copyright holder authorizing my company to make it for their specific use I will. 12 years ago I got a letter (certified packet) from an attorney in NY for a decal I gave a friend. It was "close" to a design but none the less too close for comfort. Bottom line is I just won't do them. 15years in business and I have too much to loose. 10yrs in prison and up to 100,000.00 in fines keeps me from doing them. Along with my Masonic principals! Any logos I do that are copyrighted are through a company that sells the materials and has the authority to use them and I still have them email the holder a proof to make sure we get it in writing.

 

[Billct2]

we purchased a package with all the logos in eps and the writes to print them

Really? What logos are you talking about. It sounds suspect to me.

 

[OldPaint]

actually several years back we purchased a package with all the logos in eps and the writes to print them. I will have to pull the name for them.

I THINK YOU NEED TO REREAD..........you bought the logos, in vector format, YOU ONLY CAN USE THEM, with the permission of each logo. this meaning if your local harley dealership calls you for a HARLEY LOGO, NOW.. you have permission to use the vector you bought. joe blow walks in off the street and wants a HARLEY LOGO on his back window of his truck...........NO!!!! you dont have permission to do this.EVEN THOU you have the logo.
i do little league ball field signs. i have done WENDY'S, MACDONALD'S, BURGER KING, BMW, KIA, TOYOTA, CHEV, FORD, you get the idea, BUT THEY WERE FOR those dealership/franchise so, yes i can use my COOPERATE LOGO vectors.

 

[Justin]

Some companies don't care, and some do. The many places who really care are the ones that are strict outside of simple decal sales. Ex. Disney/Harley-Davidson/at&t/McDonalds. - Microsoft, Fedex, UPS, Coca-Cola, and a few of these more "wild", or "open" companies probably could careless. I mean I can see them caring if your making a killing, or become a national company using their marks, but really for your hometown they probably don't care, and besides they really shouldn't care unless it's being used disgracefully, or in bad taste. The more people who use their marks, or logos and spread it around it just becomes brand recognition, and free advertisement.

Can you really see Fedex getting pissed because you printed their logo because one of your customers kids loves nascar, and the fedex driver? doubtful.

But, I suppose here were more talking about selling them on the open in your shopping catalog, or on ebay/etsy, etc.. I personally wouldn't do it. Now if it's like I said right above this line.. one of your hometown people want yogie printed so they can put it on their kids wall, or in the garage.. I would print it.

 

[MatthewTimothy]

I THINK YOU NEED TO REREAD..........you bought the logos, in vector format, YOU ONLY CAN USE THEM, with the permission of each logo. this meaning if your local harley dealership calls you for a HARLEY LOGO, NOW.. you have permission to use the vector you bought. joe blow walks in off the street and wants a HARLEY LOGO on his back window of his truck...........NO!!!! you dont have permission to do this.EVEN THOU you have the logo.
i do little league ball field signs. i have done WENDY'S, MACDONALD'S, BURGER KING, BMW, KIA, TOYOTA, CHEV, FORD, you get the idea, BUT THEY WERE FOR those dealership/franchise so, yes i can use my COOPERATE LOGO vectors.

valid point

Never had an issue yet with it. We used to sell a ton of white logos for people back in the day, but that was also before you could police it with the internet. I need to reread that than.

 

[visual800]

I have done it, will continue to do it. The way I look at it if its available on the web, on disks and other are doing worse Ill continue to do it. I dont have time to act as the copyright police when so many others are just blatantly selling crap on ebay

 

[MatthewTimothy]

I have done it, will continue to do it. The way I look at it if its available on the web, on disks and other are doing worse Ill continue to do it. I dont have time to act as the copyright police when so many others are just blatantly selling crap on ebay

thats a bad way to look at it and a horrible thing to say. Not to start anything or try to **** you off but take that same feeling and word it around to something in retrospect and than see if you feel the same way

I bet you would jump off the bridge since the others do, too... :ROFLMAO:

 

[natedawg9640]

ok...

customer: "hey can you make me this harley decal?"

shop: "not casue you don't have permission so i cant sell you one, BUT you can buy this 3" generic decal for twice the worth and i can give you this harley decal for free"

^immoral for copyright law purists... yes
legal? technically you can reproduce ANY artwork if it's for your own use or teaching purposes. and i THINK if you aren't selling it, but what about giving it away for free?

 

[visual800]

thats a bad way to look at it and a horrible thing to say. Not to start anything or try to **** you off but take that same feeling and word it around to something in retrospect and than see if you feel the same way

I bet you would jump off the bridge since the others do, too... :ROFLMAO:

I would have to ask the question, have you EVER....EVER in your carreer done anything copyrighted...ANYTHING!? The issue with these boards is we have all done some junk along the way but no one admits it.

Now Im not gonna go out a reproduce Tigger driving a Chrysler and sell it but if a customer4 wants brand logos on his stuff ill do it, i dont care. Hell Im just being honest.