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Post by Deleted on Jan 14, 2008 2:33:40 GMT -7
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Post by nightrider on Jan 14, 2008 9:35:02 GMT -7
Been reading on another board.. GM, although not completely at blame ,, did assist in all but totally killing a small business for our hobby.. You would think they would take the free advertising in hopes of people liking what they see..
Just my .02 cents
Chris
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Post by allstarhr on Jan 14, 2008 14:17:14 GMT -7
It's become a nasty part of business today. If the owner doesn't agressively protect their logo, TM and other copywrited materials that are worth millions, then some guy with an aggressive lawyer will take it away from them. Unfortunately they must be seriously "agressive" or they could/would lose in court.
My disagreement with the major manufacturers that have to do this is that they don't offer companies an iron clad contract to use the logo's, pictures and such for some sort of compensation. Problem probably is that the compensation has to be equal to the value they have in the logo, TM and such. Totally out of the price range of a toy maker, car show/club group to come up with. These same lawyers would go after the manufacturer to allow their client the use for the same cost. I have a friend who went through this a few months ago with a different manufacturer. They had him in a bad situation and let him go without damaging him too much. Just time, stress and a some legal costs that could have been huge. At the same time they have protected their property from future "vulture lawyers".
This is all just my guess as to why the major manufacturers are doing this as we know they are not wanting to tick off their customers. I think the reason it only happens to the GM's, Ford and Mopar guys is because that's were the collectors, street rodders, drag racers and hobbiest are in abundance. Not too many Nisson street rods or slot cars. When money is involved there will be a lawyer close at hand.
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Post by Deleted on Jan 14, 2008 15:36:16 GMT -7
Don't get me wrong - I understand why the corporations are pursuing folks. However, it's hard for me to believe folks printing calendars would actually cause an issue. Especially considering that the photographed product was still produced by the manufacturer.
Now, for the hobby folks - if you're selling merchandise using the trademarks or vehicle shapes (copyrights), it's 100% illegal. Your risk is how much the manufacturer perceives you as a threat.
Given the current law (the way I understand it), if they (the manufacturers) don't take legal action, you could potentially back out rights (going through the legal system) to produce and sell the materials in question in ANY form. So, you could potentially produce a full size Camaro or Mustang. It would, however, be excruciatingly expensive.
I'm with allstar. One of two things needs to happen. One, provide a simple, inexpensive contract/registration for the hobbyists. Or, change the copyright/trademark laws so they are less rigid. The second option may actually come up sooner than later - it's being considered in response to the mess the music industry has created.
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Post by Deleted on Jan 14, 2008 17:29:17 GMT -7
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Post by allstarhr on Jan 14, 2008 17:29:29 GMT -7
I can't see the manufacturer's offering a cheap cost to "for profit" companies due to being forced to "sell" the same rights to someone else who could actually use the logo, copywrited work or design for higher profits. However! The could "donate" the rights to non-profit agencies as a tax rightoff and still not be worried about having to do the same thing for every non profit as everybody has the right to donate or not donate to any cause.
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Post by Deleted on Jan 14, 2008 17:56:51 GMT -7
I actually think they could sell the rights because they can do it by product type. When Hot Wheels buys the rights to make a Ford Mustang, they are only licensed to create a toy version of the car.
Now, if Hot Wheels is shelling out a ton of money, Ford won't likely drop the price so everyone can own a license. However, add up the lawyer costs, cost of alienating Ford fans, etc., and it may be cost beneficial to create a simple process for licensing. The categories are already laid out by the trademark office...the manufacturer just needs to assign a price.
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Post by allstarhr on Jan 14, 2008 19:20:46 GMT -7
That does make sense. At the same time I'm sure there is a reason they are all starting to protect their assets tighter than a few years ago. I live close to Disney and everyonce in a while Disney cracks down on all the t-shirt shops and junk stores selling knockoff Disney merchandise. Maybe that has something to do with it. If you don't let anyone do it then you can easily know that anything out there is illegal. If you let someone do "something" then you have to make a decision as to going after something that may be a knockoff of that product and maybe a legal licensed item. That would be a pain to police. Interesting deliema.
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