That is an interesting question. However, prior to getting an answer on that question another question probably needs to be asked, and that question is "can you make and sell things from items that have someone else's trademark on them?". You should get a consult with a local attorney that specializes in that area.
What is the name of your state or, if not in the U.S., what is the name of your country?
We are in Michigan. We already sell raw parts from distilleries with markings but we also make stuff out of them but that stuff doesn't have any brand markings. A lot of our competitors already do what I am talking about just want to make sure we are going about it the right way and don't hurt our business.
First of all, don’t base what you do on what others are doing. That’s a good way to get into trouble.
Yes I wasn't necessarily basing what we do on what others do. I know a lot of our competitors do that and was curious if it was just considered refurbishing and if it was legal to do. I will reach out to some of the distilleries and see if I can get permission to use the stamps. Thanks for the help.
I think that reaching out to the distilleries is best. Try to get any permissions to use their marks in writing.
Thanks! Yes we do get barrels from some of them mainly Iron Fish.
I like Iron Fish’s logo. Gull Lake and Les Cheneaux have nice logos, too, although I have a special fondness for the Detroit distilleries.
That would depend on whether the stamp is a work of authorship within the subject matter of copyright as set forth in section 102 of the Copyright Act.
IF the stamp is a work of authorship, your removal of the existing stamp would destroy the copy. No problem with that. However, at that point you're essentially starting from scratch. There's no meaningful difference between the piece of wood (I assume) that used to have the stamp and a random, similarly shaped piece of wood that never had a stamp.
I don't know that there's any priority here, but I agree that it's another issue that needs to be considered. If the OP legally owns a "whiskey barrel head" that happens to have a trademark on it, there's no issue with selling that item. However, the removal of the existing stamp and application of a new stamp raises both copyright and trademark issues. I also agree that a consultation with an IP attorney is needed.
Some of the whiskey barrel stamps can be protected under both copyright law and trademark law. Many of the logos have designs that are both original and creative, and the trademark includes both the name and the logo as identifiers.
It is not that clear cut.
It really is. People have been refurbishing, including trademarks, since not long after they started protecting trademarks. And I would love to see evidence that in a single case, it has been considered trademark infringement.