Leathercraft Tool

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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