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Q: Using the vespa name ( Answered 3 out of 5 stars,   3 Comments )
Question  
Subject: Using the vespa name
Category: Miscellaneous
Asked by: milkbone11-ga
List Price: $5.00
Posted: 07 Mar 2005 01:58 PST
Expires: 06 Apr 2005 02:58 PDT
Question ID: 486035
Can I use the vespa name on a t-shirt for resale?
It will be used in a unique font, and will also have a scooter on the shirt.

Vespa is both a scooter and in Italian means Wasp.
thanks,
brett
Answer  
Subject: Re: Using the vespa name
Answered By: politicalguru-ga on 07 Mar 2005 03:58 PST
Rated:3 out of 5 stars
 
Dear Milkbone, 

Copyright questions are always complicated, and you have to consult
with an attorney. However, according to the U.S. government Copyright
database <www.copyright.gov> - which is, of course, relevant first and
foremost if your operation is in the United States - the name Vespa in
association with scooters is under copyright; In addition, Doblin
Fabrics have the copyright on the name Vespa in association with
textile. (ibid); and several others maintain copyright for other
designs.

Vespa's website, says "The Trademarks VESPA, PIAGGIO, and GILERA are
worldwide registered trademarks and are the exclusive property of
Piaggio & C. S.p.A. Any unauthorized use is a violation of trademark
and other applicable laws and will be prosecuted to the fullest extent
permissible by the law." (www.vespa.com).

Copyright Catalogue - Search 
<http://www.copyright.gov/records/cohm.html>  

Trademark Search 
<http://tess2.uspto.gov/bin/gate.exe?f=tess&state=si8p0i.1.1> 

In other words, the answer could be positive: it might possible to
print these shirts after you'll settle the legal issues with Piaggio.

I hope this answers your question. Please contact me if you need any
clarification on this answer before you rate it. My search strategy:
- Search for the Vespa site and its copyright note. 
- Search on US copyright and trademarks databases for the term "Vespa"
milkbone11-ga rated this answer:3 out of 5 stars

Comments  
Subject: Re: Using the vespa name
From: frde-ga on 07 Mar 2005 06:15 PST
 
Go for it
- but do it from the cover of a LLC

Do the print in Black and Yellow diagonal
- add a small wasp coming out of the bottom of the 'P'

On an aircraft, I once met a guy who had done rather well out of
selling his brand to a car manufacturer.

Chutzpah
Subject: Re: Using the vespa name
From: ipfan-ga on 07 Mar 2005 13:17 PST
 
Brett,

"Vespa" is a registered trademark in the United States for scooters
(registration number 1929118) which is owned, as of July 10, 2001, by:
PIAGGIO & C. S.P.A.  
VIALE RINALDO PIAGGIO 25 
PONTEDERA, ITALY

Piaggio also owns a US registration (registration number 2800537) for
"Vespa" as a mark for T-shirts.

The company's US attorney for trademark matters is: 
JACOBSON HOLMAN, PLLC 
John C. Holman
400 7TH STREET, N.W. 
WASHINGTON, D.C. 20004 
Phone  (202) 638-6666 
Fax  (202) 393-5350

Printing this registered trademark on a T-shirt along with a scooter
graphic is trademark infringement--you are capitalizing on the fame of
the Vespa mark to sell T-shirts and creating confusion between your
T-shirt company and Vespa-brand scooters--you are creating the
commercial impression that the shirts are sponsored by or affiliated
with official Vespa scooters, and that's not permitted unless you pay
Piaggio a royalty fee of some kind.  Note that even if you used
"Vespa" and a picture of a wasp only (no scooter), that might still
not be OK because they own the registration for the mark as a brand of
T-shirts as well.  Remember that US trademark law permits the owner of
a famous mark to sue for uses of its mark even when there is no
likelihood of confusion.

The most risk-averse course for you, legally, is to contact Mr. Holman
and propose your idea.  He can advise you on royalty rates.  Ethically
and legally that is the correct thing to do.

The only copyright issue here is if you are using a scooter graphic or
font owned by Piaggio.  I assumed that both were your original
creations, and as long as neither is substantially similar to a prior
work, the copyright to which is owned by Piaggio, you should be OK (in
terms of copyright infringement).
Subject: Re: Using the vespa name
From: milkbone11-ga on 09 Mar 2005 05:43 PST
 
thanks everyone. these really steer me in the right direction.

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