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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 |
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Subject:
Re: Using the vespa name
Answered By: politicalguru-ga on 07 Mar 2005 03:58 PST Rated: |
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: |
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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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