[flasah] Re: Question about Branding??
This sounds a little ridiculous to me.
My surname is also a company name in some other place, with a branding associated with it. Does that mean I can't put my surname on an items that I own?
I am a weekend hobbiest who has made a wallet for my son, a camera strap for my daughter, and a few gifts for other relatives for birthdays, weddings, etc. I don't own a business. I do not intend on ever commercially producing these straps.
The guitar strap I'm planning to make is a gift. It's one of a kind. It's not being branded; it's a name, and incidentally, the name of the guitar is also a surname very frequently used in another country. And it's not being placed on a guitar! And it isn't a brand stamp...it's the alphabet stamps in western font to spell the name.
Would someone kindly enlighten me on this issue a little further??
Interesting times!
Thanks,
Derrick
--- In flasah@yahoogroups.com, Dale Erwin <dale@...> wrote:
>
> On 3/1/2011 9:10 PM, Bill Parrie wrote:
> >
> >
> > On 3/1/2011 5:16 PM, D wrote:
> >>
> >> Good evening,
> >>
> >> My friend saw my guitar strap while I was playing in church on Sunday
> >> past. He said, "I want one just like that but I want the brand name of
> >> my guitar on it." At first I said sure, but then I thought about it.
> >> Am I legally allowed to but the brand name of his guitar on a strap.
> >> It won't be like the copyrighted branding; just the name in a western
> >> font in all capital letters. Is this okay?
> >>
> >> Thanks for your help. I'm currently casing the leather, so if at all
> >> possible, could you please get back to me ASAP?
> >>
> >> Thanks, so much,
> >> Derrick
> >> I would not do it, as it would be a copyright violation.
> >>
>
> No, names cannot be copyrighted. However, it probably would be a
> Trademark violation. You should tell your customer that he would need
> to get permission from owner of the Trademark and in this case it would
> probably NOT be granted, because Trademarks are used to identify the
> source of products. If the same name were used on, say, a dishwasher,
> there would be no infringement, but a guitar strap is almost like an
> integral part of the guitar.
>
> To illustrate, take Delta Airlines: Delta is a trademark owned by Delta
> Airlines and the word cannot be used by anyone else in regard to air
> travel. Delta Hotels owns that same word when used in regard to hotels.
> I would have to research it, but it would probably be OK to use that
> word in reference to a guitar strap... not that you'd want to. But you
> definitely couldn't use Stratocaster unless you got explicit permission
> from Fender.
>
> --
> Dale Erwin
> Lurigancho, Lima PERU
> http://leather.casaerwin.org
>
>
>
>
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7:03 AM
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