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This is why you NEVER agree to do trademarked artwork...

Stacey K

I like making signs
Long story short: Even if it's approved, it might not be approved...

Man came in with a plastic toy semi lettered as our local "Acme" company and a blank metal one (it's a nation wide company but based here locally). He wanted me to replicate the decals and put them on the metal one. Of course, I said no, and of course he argued with me. I said I would need written permission and it was in summer so I said I was too busy anyway, sorry, can't help you! I do work for this company and I knew they would not approve - they are EXTREMELY PICKY.

A week later - he smugly dropped them on my desk and said I would be getting an email from Acme. I'm like "are you F-ing kidding me?" He conned some lady in the legal department to approve it. She emailed me and I told her I can't get to it until Fall - commercial work takes priority. She emailed me every couple weeks to see how the project was going. I said - not till Fall. I did the artwork last week and was ready to print this week and install so they were on my counter.

SO -- My employee's husband works at Acme and he's the director of transportation. She saw these on the counter and asked what I was doing. I explained this miserable story and she was SHOCKED. She said she could guarantee me, this is NOT approved by the right people. I had her take a photo of the plastic truck, which is solid "red" and a photo of the white metal truck. He immediately texted her to tell me to stop because this design was for "red" trucks ONLY, marketing took years to get all of it trademarked - it did not belong on a white truck. He then went and talked to the "higher-ups" and this was not approved by marketing or higher-ups. He basically gave me a cease and desist notice today.

I emailed the legal department and told her what happened and that I was scrapping this project. I was instructed to destroy all files. She seemed scared and happy this got caught before it was done.

I was scared. I do a fair amount of work for this company. What would have happened if this guy posted on social media - because you KNOW he would have! Yes - I did have written permission, but it would have made me LOOK TERRIBLE. And the nerve of this guy to bully me into doing this...grrr

JUST SAY NO!!!!! Never agree to do this stuff. Don't use "permission" as an excuse, it backfired on me. Thankfully we caught it in time!
 

Stacey K

I like making signs
I would have turned the job down the minute he pulled out his toy truck, those types of jobs are NEVER profitable,you could letter 5 full size trucks in the time you spend dealing with these people's "fun little projects"
Yes, I burned myself trying to use an excuse instead of just saying no. Once Acme emailed me, then I felt obligated...grrrr lesson learned!
 

unclebun

Active Member
I do believe in all this mumbo-jumbo, but how could a little toy truck hurt this company's reputation ?? I mean really. Not like he's gonna drive it around the neighborhood with anti-acme slogans on it.
Try using that logic with Red Bull logos or KTM logos (or any of their subsidiary brands).
 

Gino

Premium Subscriber
I don't hafta worry about the logos you mentioned, cause we make signs, electric signs and do rather large things. We don't letter small toys, unless I know the person very well, then it's gonna be a freebie..
 

Bobby H

Arial Sucks.
Gino said:
I do believe in all this mumbo-jumbo, but how could a little toy truck hurt this company's reputation ?? I mean really. Not like he's gonna drive it around the neighborhood with anti-acme slogans on it.

No, he's going to post images of the not-compliant artwork all over social media and let the imagery be accessible to search engines. In that respect it's worse than merely driving it around the local neighborhood.

Image search engines are a pretty good way trademark violators get caught.
 

Gino

Premium Subscriber
No, he's going to post images of the not-compliant artwork all over social media and let the imagery be accessible to search engines. In that respect it's worse than merely driving it around the local neighborhood.

Image search engines are a pretty good way trademark violators get caught.

Wow, how do you know all this about the guy ?? Anyway, I didn't do it and neither did the OP, so this useless baggage means nothing.

Like I said earlier, unless I know the person really well, I ain't doing it.
 

WildWestDesigns

Active Member
I do believe in all this mumbo-jumbo, but how could a little toy truck hurt this company's reputation ?? I mean really. Not like he's gonna drive it around the neighborhood with anti-acme slogans on it.
The way the laws are here, any and all potential infringements have to be pursued, otherwise the company runs the risk of losing the protection.

Companies spend tons of money protecting their IP. While it may not seem of any importance to "you", doesn't mean that there arent ramifications that could be huge.

Downside is that most everything is gone after and who has the deeper pockets, even if they dont have a leg to stand on?

I would also speculate that it would be shared as well. The odds of that in this day and age are pretty good. Too many share too much as it is on the internet. As if the internet is the modern day journal.
 

Bobby H

Arial Sucks.
The Internet has made it a LOT easier for companies to go after people or small businesses who infringe on their trademarks and other IP. Automated scripts can be run to sniff through image search engines, social media, etc. Some infringing work will appear very easily in a manual Google image search. All a company has to do is run a "vanity search" on its own logo and scroll through whatever appears. It doesn't take long to find stuff that isn't legal.

It's usually fun (in a dark comedy sort of way) to see a local business end up learning the hard way about trademark infringement. I've been in the sign industry long enough to see it happen a few times, especially in recent years. We refuse to do the work, give warnings, but they get their stuff done by someone else the way they want it done. After a little while, maybe months or even a couple years, they get busted. The old "I told you so" thing comes up. The same thing goes for companies who could legitimately use a major company's trademark but deliberately chose not to follow the company's brand guidelines (those are really RULES, not suggestions). Just this week I designed an recruiting office sign where someone clearly put together their own non-compliant fanboy art. I did a version using the proper trademarks, colors, etc. They insisted on their BS version instead. I'll be laughing my ass off when they get forced to replace those sign faces.

In the past a small business could often get away with various kinds of trademark infringement. After all, who's going to notice? Technology now makes it so much easier and more efficient for the stuff to get noticed, no matter how small the po-dunk town may be where the infringing is taking place.
 
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