I was thinking of different ideas for projects but am not sure how deep I need to get into requesting the use of different trademarks from companies/products? An example is making a companies logo or a college or University logo.
Doing this more as a part time/hobby I don’t plan on making a bunch of money from it, but I did get my small business license so I can legally sell items if I wanted to. Do most of you just go with the “ask for forgiveness instead of permission” idea if it comes to trademarks for logos and such or do you contact the companies and request to use their logo and pay them royalties?
That’s a very good question.
I have a small business too but I don’t think I would produce and sell anything trademarked on a large scale.
If a friend wanted a one off then I would not worry too much and just charge them cash.
Once you start marketing a product I think the rules can get tricky
it’s a fine line…I’ve applied for Trademarks and you’d be surprise on what they actually let you trademark (it has to be specific, can’t be common words, say “car” can’t be trademark but “frooptyloopy” can). Patent are even worst…Either way, if you aren’t sure, always make a modification to it to make it yours. When you trademark they ask you an exact copy of what you’re trademarking and define the colors used, for a reason. And then, there is the intended usage: are you just cutting for a sign because you love the company logo, probably won’t get you in much trouble if any, or, are you trying to dublicate a logo to steel away some market share from a company? then guarantee you’ll get a letter…
I love corvette Jake skulls, but to be safe I’ve modify it some, making it mine basically.
I do suggest you google it a bit and see what the rules are these days, my last trademark was back in 09…things change lol
Might (although not likely) be enough to let you avoid TM infringement issues but certainly not copyright ones. Derivative works are generally determined to be infringing. You’ll find that for specific representations if a trademark, copyright applies.
Try any derivation of Mickey Mouse or Harley Davidson and if you get any attention (because you’re selling online for instance) and you’re very likely to get a cease & desist from their lawyers. If you’re bug enough you can expect a lawsuit looking for damages.
But if you’re making things for friends or the occasional craft show sale, although you’re engaging in illegal copying, you’re likely to get away with it.
There is a somewhat narrow fair-use exemption for copyright but commercial sales isn’t part of it.
Yeah very true. I’ve seen car wrapped in Steelers logo and cars wrapped in Disney stuff and neither cared…and I Highly doubt they asked for permission.
All my logo stuff is for my own use anyway, I rather not tempt fate regardless
