Help With Trademarked Design

[Spencer McMurtry]

Hello,
I am not sure what thread to post this in, so if i used the wrong one please move it.

I have a client who is wanting to wrap a car to look like the lighten mcqeen car off of "CARS" the movie, I was curious what you guys thought about doing this and if it is illegal or who i can contact to find out if i can get rights to use this design?

I need a way that i can explain this to the client to let them know what his options are.

If i was todo a similar design what is the rules of this?

Please send me in the right direction!

Thanks!
Spencer

 

[Billct2]

You're treading dangerous ground. You can try contacting the copyright/trademark owner, but I would doubt they would release the design.
Similar? there are lots of threads on this topic, there is similar and there is similarer, again a shaky place.
I was actually wondering about this on another thread that showed that design...no one asked who the client was. Maybe that shop has the contact info to get permission.

 

[Fred Weiss]

Look at it this way ... the general rule that is followed is: Would a normal person be confused and think the work is from the trademark owner?

So the more you capture the look of Lightning McQueen the more you will be infringing. If it looks like it at all (and that is, I assume the idea), then you will be infringing, to whatever extent.

I would be amazed and surprised if you could get permission to produce anything similar at any price.

 

[Spencer McMurtry]

Any Advice on how i explain this to my client? I dont want to upset him, he is a good client.

Thanks!
Spencer

 

[signswi]

Explaining that what he's requesting puts you both on the line for massive legal penalties shouldn't be upsetting, just factual.

 

[Fred Weiss]

Tell him that you could each be sued as well as prosecuted criminally. Further, advise him that the cost of a license to do it legally would be in the 10's of 1,000's of dollars. But if he is interested in pursuing it for that kind of money, you will be happy to contact the trademark owner ... but you are not willing to do anything illegal.

 

[signswi]

And if he's the type of person that gets angry that you won't break the law for him, he's not a good client.

 

[westpointsigns]

Hello from the other side of the state!

The way I usually tell customers is goes something like this.

"Disney has a lot of Lawyers, and I don't."

The customer will usually laugh if you say it in a light hearted way, and then be more open to other options.

 

[MikePro]

there was just another thread posted where someone here actually already did what you're asking.

edited: idk who to contact, but I could only imagine that you'd get the green light to do so... given that the movie is out soon, its FREE advertisement on their end.

 

[Pat Whatley]

You: Sorry, I can't do that, it's copyrighted. Let me show you what we CAN do.

Customer: Why can't you do it? I was at a car show and saw three cars done that way and I've seen a bunch online.

You: Well it's copyrighted and I don't want to end up on the wrong side of Disney's lawyers.

Customer: Well how did the other people get it done?

You: They broke the law.

Customer: Naahhh, I know one of the guys. THere's no way he'd have done something illegal.

You: Well all I can tell you is that you'll need to ask him how he got permission. If you can get permission we'll be glad to do it for you.

Customer: Man, can't you just print the decals and stick them? I'm not gonna tell anybody. They won't mind anyway....it's free advertising for them.

You: Nope, sorry. I know there's almost no chance I'll get busted but I don't want to risk my shop, printers, and income over this.

Customer: Oh, so you don't have the right kind of printer. That explains it.

You: Yep, that's it. I don't have the right kind of printer. Sorry.

Customer: Well don't you have a buddy you can send it to? If you'll do it I'll let you put your name on the window and I'll tell everybody at the car shows who did it. You'll get all kinds of business from it.

You: Look, I can't do it. I'd love to help you but I can't legally do what you're asking me to do and I won't break the law to do it. I'm sorry.

Customer: You're a dick. I'm going to go to the real sign shop down the street.

 

[Billct2]

Really? You think a corporation with $200 million invested in a movie would like the idea of any joker running around in a replica? First time he gets popped for DUI or better yet runs into a school bus....

 

[ucmj22]

Cash and deny, then put all of these do gooders who follow the rules out of business! *evil laugh* HA HAH HA ha hah ahahahha aha hahahaha a HAHAHA HAHAHAhah ah ha hahhhha ah !

 

[signswi]

Dang it Madoff you aren't allowed on the computer anymore! Back in your cell.