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Q: Car logo reproduction legality ( No Answer,   2 Comments )
Question  
Subject: Car logo reproduction legality
Category: Business and Money > Consulting
Asked by: alanzhao-ga
List Price: $20.00
Posted: 09 May 2005 12:12 PDT
Expires: 08 Jun 2005 12:12 PDT
Question ID: 519603
Hi,

I am starting an auto decal making online shop. I wonder if it is
legal to reproduce major car manufacturer's logo (with/without minor
alternation) for decal design without permisson from them. I saw few
web sites and ebay seller list the reproductions without having
troubles. Please advise!
Answer  
There is no answer at this time.

Comments  
Subject: Re: Car logo reproduction legality
From: ipfan-ga on 09 May 2005 14:57 PDT
 
Your question falls within the intersection of both copyright and
trademark law.  Let's assume you want to reproduce the Mercedes Benz
logo.  If Mercedes Benz claims a copyright in the logo itself, the
mere act of reproducing it without their permission is copyright
infringement.  If they do not claim a copyright and instead only rely
on trademark rights, the mere act of reproduction is not actionable,
but you could not lawfully sell the reproduced logos for money.  That
would be trademark infringement.

Since in your question you state that you are opening a business, I
assume you are going to reproduce the logos as decals and sell the
decals, presumably for a profit.  Despite what you have seen elsewhere
on the web and on eBay, you cannot lawfully do this without the logo
owners' permission, UNLESS the logo owners claim no copyright in the
logo designs (very doubtful) and you do not sell the reproductions
(doubtful).

I will wager that the large car compnaies have one or more full-time
lawyers whose job it is to police how their logos/trademarks are used
on the web and to send cease and desit letters to companies using the
marks without a license (permission).
Subject: Re: Car logo reproduction legality
From: ipfan-ga on 09 May 2005 14:58 PDT
 
companies . . . cease and desist letters . . .

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