Post a new topic
    5 Replies Latest reply on Dec 6, 2007 3:42 PM by Lighthouse24

    trademark worries

    danarch Newbie

      if i have a item wich has artwork done by a local artist on it, that is in referance to a trademark, and has the wordmark on it, but is not the usual item that the wordmark would appear on it(i.e. "resident evil on a computer case)


      can i sell said item?
        • Re: trademark worries
          DomainDiva Ranger
          OK let me get this straight. An artist has taken someone elses trademark and done an artists rendering of it and you want to sell this?

          It does not matter what you are selling it for. You are taking someone elses PROPERTY and trying to make a profit on it. Trademarks are not cheap. There are many costs for artwork, filing fees, exisitng trademark searches etc. You are not entitled to profit from that.

          You may want to contact the trademark owner and see if you can license the trademark for another product. That is how Mattell does the Disney licensing. It as well is not cheap. If you sell a product using someone elses; trademark you may be in for an 'interesting time'.

          If I saw my comapny trademark on anything that someone else was selling we would be having a serious discussion.
            • Re: trademark worries
              danarch Newbie
              ok heres what happend,

              years ago i had a computer case airbushed with resident evil (video game) graphics. ive redone the case now and want to sell it, tho it will not be profitable(350$ airbrush job, ill get half that for the case)

              the resident evil trade mark does not include computer cases, and its only a standard type word mark
              the copyright on the game is for reporduction of the game,
              and the case is a chemming case, not resident evil.

              all in all, if i gotta pay capcom for selling something like this then so be it. i just dont wanna infringe, but i dont na look like fool either.
                • Re: trademark worries
                  LUCKIEST Guide
                  Simple, If you have a trade mark worry contact a lawyer.
                  You are talking 50% of a small fee. Maybe you want to give the item away to charity
                  and not have a worry.
                  • Re: trademark worries
                    Lighthouse24 Ranger

                    In other words, this is a single item, custom made for you personally, that you now want to sell privately? I'm not an attorney, but if this is the case (no pun intended), I don't see a problem provided you represent it accurately.


                    You could not legally produce and resell Resident Evil® computer cases as a business enterprise without licensing the applicable images (although flea market vendors do stuff like that regularly), nor could you represent in your ad that the product was in some way "official" Resident Evil® merchandise (you could only say that it contained airbrushed artwork based on images in Capcom's Resident Evil® game).

                    Even if Capcom decided to single you out for selling this one item (very unlikely), you had it custom made for you with no profit motive in mind at the time, and you later resold it for less than it cost originally. Neither of those actions resulted in any damages to them, so what could they win?


                    I'm sure if I'm off-base with this logic, someone will chime in . . .
                • Re: trademark worries
                  CorpCons08 Ranger
                  If you are concerned, chances are you should not be selling the item. As LUCKIEST said, you should consult an attorney for further information.