Dale Earnhardt Jr. car help needed.

[Pro Signs & Graphix]

Relax Hollywood....no trouble. I too was into Nascar for a very long time (until I gave up my 500 seats - stupid move!).

Anyway, the stretched "E" is not the same as the scallops. Also, the only way a person could be successfully sued for trademark infringement is if they used "everything" identically OR if they tried to confuse the public into thinking that they are somehow affiliated with DEI. In other words, a strecthed "E" does not constitute infingement for "Eddie's Plumbing & Electric".

You are correct that it is best to be cautious - many are not, BUT a little research should be on the list. Copyright and Trademark law is very confusing, even for many attorneys - you know...it is just not a car accident !LOL!

We are a little better versed than most only because we have attempted the TM process, only to get so frustrated with the whole procedure, we just quit caring about that. Copyright is a complete different story. We respect the copyrights of others, and our competition, AND we watch to ensure that our competition (or prosective client) does not use our work "against us"......although we usually give permission for anything but a competing job.

Most companies and people will give permission if asked. Most large coprs also do not charge the millions (for use) that most would assume - but permission must be asked AND granted. Hell, if a large corp really like the submitted work, they may ask to even purchase the rights or share in royalties, etc.

 

[Pro Signs & Graphix]

As per Webster:

Trademark:
1 : a device (as a word) pointing distinctly to the origin or ownership of merchandise to which it is applied and legally reserved to the exclusive use of the owner as maker or seller
2 : a distinguishing characteristic or feature firmly associated with a person or thing

Example: Chevy Bowtie

Copyright:

the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work)

Copyrights are automatically granted to the originating creator of the "work". This "creator" can sell, assign, or even restrict who, what and where a particular work can be used or reproduced. Copyrights (since 1978) are in effect from "creation" until something like 125 years after death of the creator (I think).

Examples: Steve C's fonts are copyrighted. SteveO's and Jills layouts (designs) are copyrighted. Your layouts and designs are copyrighted. (If you submit a layout to a customer and they turn down your proposal BUT take it to the "competition" - your customer can be legally held liable. The competition can too BUT often it falls on the customer UNLESS the competition knew it WAS your work)

Follow?

 

[PMG]

I also race the lower levels, 1999-present, I have wised up en ought yet to stop dumping money in this to run, I guess you did. The only thing keeping me in it is really good sponsor. Not mad at me are ya PRO, just disagree'n right, LOL. Where did you race and what division.

No never Mad!!!! I raced the nascar mid-west series,open wheel modified,then move to late models,for the 2007 season,I'm going to run a travel series,called Fastrak Champions Series,and may follow the Storm Pay.com series,not sure yet,these cars will run spec motors,so the motor rules are all equal not a big money factor on the motors,because they have a buy back program !!!!

 

[Timothy Davis]

So lets see if I understand copyright correctly,

If say I create a cool circle with a few little cool creations inside and I sell them to customers as a decal and then the shop down the road says hey I want in on some of that money and copies my work to sell. I have the right to send them a cease and desist order?

Would this be the case with a sign layout as well. I create it and they go somewere else with my sample print and get another shop to do the work.

 

[PMG]

So lets see if I understand copyright correctly,

If say I create a cool circle with a few little cool creations inside and I sell them to customers as a decal and then the shop down the road says hey I want in on some of that money and copies my work to sell. I have the right to send them a cease and desist order?

Would this be the case with a sign layout as well. I create it and they go somewere else with my sample print and get another shop to do the work.

If his circles are smaller and or bigger and the cool creations are somewhat different ,no you cant!!!

 

[Hollywood]

That is good to know and thanks you because that just happend to me anout 3 months ago, did a layout, cust. went somewhere else and got it done, 1 mile away, and I had to drive by when they were doing it. So maybe you can help me on another matter, are the decals on the from of racecars "Monte Carlo & Chevrolet" and the decals that look like the real headloghts, how do people print and cut those without getting in legal trouble..... U Gave Up 500 Tickets, man that sucks

 

[Hollywood]

I also run open wheeled modifieds around here, we also run a tour on the East Coast. We have a claimer rule too, $850 I think is what it is

 

[PMG]

That is good to know and thanks you because that just happend to me anout 3 months ago, did a layout, cust. went somewhere else and got it done, 1 mile away, and I had to drive by when they were doing it. So maybe you can help me on another matter, are the decals on the from of race cars "Monte Carlo & Chevrolet" and the decals that look like the real headlights, how do people print and cut those without getting in legal trouble..... U Gave Up 500 Tickets, man that sucks

If you can prove its the same ,EXACTLY THE SAME,then you can,,,,,,,as for as the MONTE CARLO,,that is a no no,,the head lights,,i think that you can get away with it as long as it has no trademark logo on it lie MONTE,i have them on my car,,but they have no markings on them!!!!

 

[Hollywood]

did you make them or are they fivestar, or were they fivestar now yours. I am tring to design some myself.

 

[PMG]

no i got mine with my nose from Performance bodys,i don't print as of yet

 

[Hollywood]

Yea, I want to print my own, but having a hard time coming up with design because it can't be like the real headlight right

 

[Pro Signs & Graphix]

Yup! Top row in the stands. I used to lean my right shoulder against the Winston Tower. Our vendors (automotive) gave them to us every year. Don't go once, and you lose them - and one of our drivers decided that he did not want to work on Valentine's Day. Oh well. Had 400 tickets too. Couldn't give them away. Following year after giving them up they turned it inti a night race.

About the circle. It does not quite have to be a perfect match. What they look at it is if it resembles your idea and can be confused for the same completed work.

The trickiness comes in "generalities". A circle is a circle and nobody has the market cornered on circles. Using someone's exact ideas of design placement can spell trouble - but most lawyers walk away from those cases as they can and do walk the thin line.

Basically, we look for exact copy of the original. If it is exact it is a slam dunk and lawyers like that. Cease and desist usually (not always) stops everything (litigation and prosecution) when counterfeits are concerned (eg: Disney shirts, Harley shirts. Software companies and record companies are vicious and ruthless and even go after little kids.) With signs, a copyright violation can entitle the "holder" of the rights to the amount of money that the original job would have cost (or the amount of revenue that the "creator" lost).