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Producing & Selling Automotive OEM Replica Decals

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exup

Junior Member
What is the name of your state? Maine
Hello,

I own my own Auto Graphics and Decal business, but I am wanting to sell OEM replica decals that bear the manufacturer's name and logo on them. Basically, I will be producing the design that replicates the manufacturer's logo on a computer program, then printing the vinyl decals and selling them. Say if I wanted to produce a windsheild banner that had the Chevrolet logo on it and it said "Chevrolet". Is this illegal, or infringement?

Thanks for any help on this! This is a great forum.:D
 


Zigner

Senior Member, Non-Attorney
Yes, it could be infringement. GM might have a problem with it if they became aware of it.
 

exup

Junior Member
Thanks. What would they most likely do if they found out?

I wonder how all those graphics companies on the web get by doing this? Most have every manufacturer you could think of + almost every aftermarket comany logos. There is no way they could have gotten permission from 100's of companies, is there?

Am I allowed to post links to other sites as examples? I dont want to get anyone in trouble..
 

divgradcurl

Senior Member
Thanks. What would they most likely do if they found out?
Impossible to tell. They could do nothing, or they could sue you for infringement, or something in between.

I wonder how all those graphics companies on the web get by doing this? Most have every manufacturer you could think of + almost every aftermarket comany logos. There is no way they could have gotten permission from 100's of companies, is there?
Either they have permission -- it's probably not as onerous a task as you think, because many of these companies are owned by the same company, so you only have to obtain permission once for a large number of companies in some cases -- or the trademark owner has not gotten around to suing them yet.

As to what could happen: http://www.law.com/jsp/article.jsp?id=1198021192579

K&N sued an eBay decal seller, won $20,000 in damages -- and the seller only sold 89 sets of decals, and only made $270.

That's why you might want to consider trying to get permission -- seems like a lot of risk if you are trying to go the route of "everyone else is doing it."

Am I allowed to post links to other sites as examples? I dont want to get anyone in trouble.
It's probably okay to post links, but know that the "everyone else is doing it" defense won't help you if you are the one they decide to go after for infringement.
 

exup

Junior Member
Thanks,

I just got off the phone with one of the manufacturers that I am wanting to replicate decals based on. They told me to go to a specific website to make out an application for permission to use their trademark. Then I read on the website that I am going to have to pay them an Advance or Gaurantee of Royalties to use their logo/trademark/whatever. Does anyone know how much this sort of thing is? Dollars? Hundreds? Thousands? I am still waiting to here back from them.
Thanks Again for all help.
 

exup

Junior Member
Here is one of thie sites:

http://www.decalfx.com/subaru_related_decals.html

Look at all those logos!! This is similar to what I want to do.

Notice the statement at the bottom:

Disclaimer: Some logos on our web site are the trademarks
or registered trademarks of their respective companies.
They are provided as a convenience only for their lawful
use. Any unauthorized use of these items by the purchaser
shall be the sole responsibility of the purchaser. By
purchasing these logos, you are indicating that you have
authority and permission to use the logo or trademark.
What purpose does this serve?
 

exup

Junior Member
Another disclaimer from another site:

Copyright © 2007. Decals & graphics are not OEM decals. We do not sell OEM decals. If OEM decals are needed please see your local authorized dealership. Logos are copyrighted by their respected owners.
Why do they need these disclaimers if they have permission? A few of these co's have been around for 4+ yrs
 

divgradcurl

Senior Member
Another disclaimer from another site:



Why do they need these disclaimers if they have permission? A few of these co's have been around for 4+ yrs
The disclaimers are meaningless. They will provide no protection if the trademark holders decide to sue.

Like I noted above, if you want to use the "everyone else is doing it" defense, you need to understand that what you are doing is illegal, and face the risk of getting sued if the trademark holders decide they want to sue you. Just because some of these sites have been around for a while doesn't make what they are doing legal, and doesn't mean that they can't get sued in the future. Maybe they do have permission, and believe they are just hedging their bets with the disclaimer; maybe the disclaimer is left over from the days before they had permission; maybe they think it will really help.

The FACT is, without permission, this is trademark infringement, and you could be sued. See the case I linked to above to get an idea of the possible costs if you were to be sued and lose. Just because someone else isn't getting sued doesn't mean you won't, and isn't a defense if you do get sued.

Either get permission to use the logos, find another line of business, or accept the risk -- those are your choices.
 

exup

Junior Member
I read the link you posted. I wouldn't want that to happen, thanks for your help.
I'm either going to get permission from every manufacturer and see what royalty costs will be, or just make custom decals that have nothing to do with company logos (flames/stripes/designs)
 

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