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Re: Reg. Trademarks



>        What does everybody do about registered trademarks?  I always get
>parents - kids calling and wanting "Coke, Greenbay Packers, Chi. Bulls,
>etc." and it is for private home use and when they hear the price, they
>don't follow it up.  But I have had a person that wanted a "Harley-Davidson
>Motor Cycle" logo and was willing to pay the price. Then he said that it was
>for a bar in Milw which is Harley's headquarters and I passed on it.  Didn't
>want the all the problems that might come up with it if someone from the
>company office saw it and reported it.  What is the standard that others
>follow about this?  Thanks..
>
>                                                        Ron

Wow,  what a small world it is!  I just had this situation come up myself.
A customer wanted a Harley Davidson "sign."  In this case, it didn't say
"Harley Davidson," but it used their basic logo as the design.

This particular customer wanted this sign as a prototype to mass market.
He was consulting with a tradmark attorney regarding
infringment/permission.  We went ahead and made the sign, but changed it
enough so that the attorney felt comfortable.  He is hopefully going to get
Harley's blessing (or license) to use the exact thing.

This job certainly educated me on the _complexity_ of trademarks.  I belive
the general rules contain language like:  "substantially similar," and
"meant to depict," etc...  There are numerous exceptions and loopholes.  As
an example, there is a purple stuffed dinosar on the market.  Any kid will
recognize it as "Barney," but it's called something like "Bill," because
the maker did not want to hassle with trademark.

I know I haven't answered your question, and my point is that there may not
be a simple answer.  If in doubt, I would abstain.  I heard about about a
person here in Austin who made-up screen-printed t-shirts with a popular
bands name.  They sold them at concerts.  They were fined $1000 for _each_
violation (each shirt!).

The question still remains as to whether you (the person who fabricated the
sign to the customers specs) or the customer (who actually uses the
trademark) would be liable.  I am inclined to think the later, but I really
have no legal experience in this.

      -John