Days Inn Shape, Trademarked??

[Gfx Signs]

Hello, One of my customers is removing the Days Inn franchise from their hotel. Does anyone know if the "Shape" is trademarked or where to find that information.??

I'm would like to re-use the existing sign box but it has a unique shape....

Thanks
Jarid

 

[Moze]

I would cover your butt and check with their legal department. Get it in writing whether the shape is trademarked, whether you can reuse the cabinet, etc.

Wyndham Worldwide's Legal Department: 973-753-6620

 

[Gfx Signs]

Good idea..

Thanks for the information... Will do..

 

[TyrantDesigner]

we are talking about that inane half circle and box 'shape' right?

yeah, I think about every other company uses that shape. most likely you will be safe, just completely cut a new panel for it, and check with the company to make sure.

also not that hard to modify either. you can easily do the vegas style sign by modifying the outside with led beehive cab lights for solid mount surfaces.

 

[SignosaurusRex]

I think that you will hear that you may not use the sign. Most likely they will say that they own the sign itself. As far as the shape? .....nada. Here is a quote from an article by a Patent and Trademark law firm........

"When a background design used for the display of a word or letter mark is sought to be registered by itself, without the word or letter mark, the design may be registered without any evidence of secondary meaning if it is distinctive or unique enough to create a commercial impression as an indication of origin separate and apart from the remainder of the mark; conversely, if it is not distinctive or unique enough to create a separate commercial impression as a trademark, it may be registered only upon proof of secondary meaning."

Nike was able to trademark the "swoosh" because of it's unique shape and it had become known as the Nike symbol without the name "Nike" included in the display of the shape. Similarly...the "single cut-away" guitar design that has become synonymous with Les Paul /Gibson guitars.
I think your concern is not with the shape, but rather the ownership of the sign itself....if you really need to be concerned.

 

[Moze]

Good information....sounds like you'd be safe reusing the cabinet.

 

[tsgstl]

"When a background design used for the display of a word or letter mark is sought to be registered by itself, without the word or letter mark, the design may be registered without any evidence of secondary meaning if it is distinctive or unique enough to create a commercial impression as an indication of origin separate and apart from the remainder of the mark; conversely, if it is not distinctive or unique enough to create a separate commercial impression as a trademark, it may be registered only upon proof of secondary meaning."

Is that French?

 

[SignosaurusRex]

Is that French?

That's what I wind up asking my corporate attorney every time I consult with him....he's of French ancestry.

 

[Gfx Signs]

Outstanding work... Thanks to all for your input.

I'm going ahead with reusing the cabinet as it was purchased by the current owner of the hotel and is simply changing names.

 

[Gfx Signs]

Yes this is the shape..