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Using trademark elements


#1

Greetings all,

Being new to this trade, I have a few questions regarding
trademark/copyright laws and the like.

Every famous company has trademarked logos, golden arches
(McDonalds) Big lips with a tongue sticking out (Rolling Stones)…
or perhaps a specially created ‘font’ that something is spelled out
such as the “New England Patriots” logo.

It’s an obvious violation to reproduce their artistic rendition of a
logo…

My question is… is it a violation to use a famous persons name in
a standard ‘font’ on an engraved piece of work?

For example… is it a violation to engrave the name “Frank
Sinatra” in typical single line block type on a piece of jewelry?

What if you wished to create a small charm that was engraved with
"Houston Oilers" on it in a typical double line script?

…and, what if the name was accompanied by a logo created by the
jeweler and associated with the person, place, or thing but hasn’t
been made into an artistic expression by the famous person… (such
as the picture of a glove under the name Micheal Jackson). [Assuming
he hasn’t made that into some king of logo. If he has, I don’t know;
It’s just an example so assume he hasn’t for the sake of me
expressing my question.

Here’s yet another question… What if you wished to sell a bracelet
with a larger flat area engraved with “Just Do It”. (This is a Nike
phrase but the name “Nike” does not appear engraved on the piece of
jewelery)

All items listed are corny examples I came up with for the purpose
of this post… Are any and/or all of these examples in violation of
trademark/copyright laws?

I look forward to hearing your responses because I’m quite foggy
about this trademark concept.

Thank you all in advance!


#2
What if you wished to create a small charm that was engraved with
"Houston Oilers" on it in a typical double line script? 

I believe that merely putting a name on a piece of jewelry is OK,
but I’m not real clear about it, either. I will point out, though,
that Major league sports, especially the NFL, and The Walt Disney
Company are notorious for being aggressive and ruthless towards
copyright infringement. Tread lightly, there.

http://www.donivanandmaggiora.com


#3

I can’t speak to all of them, but I know that colleges and
universities control any use of their names at all, and this extends
to their colors in connection with their names. If you want to market
anything that uses their name legally it is supposed to be approved
by them, and they take their cut.

I would guess that any sports team would probably be the same way,
and probably any celebrity.

Have you tried googling trademarks to see what you find?

Your local Better Business Bureau, Chamber of Commerce, or Small
Business Bureau or State business office could probably advise you
on this.

Beth in SC who stay safely away from all that possible litigation!


#4

Here’s a good page I found answering your questions:
http://www.bitlaw.com

Amy Cahill
Denver, CO


#5

Check out a company called LOGOART. Name a college team, pro team,
Nascar, etc… and they’ve already got it in pendants, rings,
watches, money clips, in SS, 10K, 14k, GF, etc… and its all strictly
liscenced. I sold a zillion Colts watches during the last year from
them. A regional chain, Shane Co., got caught selling their 'own’
Colts pendants mixed in with liscenced goods and I understand its
gonna cost them a bundle to get outta this one.


#6

Where does it say it’s strictly licensed? How do they license it if
it’s not there’s (ie pro team logo)?

Craig


#7
Where does it say it's strictly licensed? How do they license it
if it's not there's (ie pro team logo)? 

May I point out that the Houston Oilers no longer exist as a
professional football team and haven’t for a good while now. Would
that effect the issue? How long do old trademarks stay in effect?