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T-shirt , logo design , trademark's etc

Discussion in 'The Hokey Ass Message Board' started by Big Dad, Apr 29, 2008.

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  1. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member

    I had Erik at Hidden do a logo /drawing for me ..and its awesome
    but, I have been trying to come up with a way to put it and my car together on one LOGO ..

    And it should have that 60's feel to it ..somewhat too
    well, after a lot of thought ..I came up with a idea but, before I move further ..I have to ask cause someone on here will know I'm sure

    If you take a OLD design from the 50's and not used any longer
    and change it about 75% (only thing left is color (red/blue) and its a oval
    Font is different, words are different, artwork is different (Mine ;) )
    no mention of the company that had the logo

    Just oval, and its still the same colors ..whats the outlook on that ?

    Hard to have a original thought .. its all just a repeat it seems
    Thought someone told me once if you change it 25% or more then its ok ?

    People have already stole my design on here and used it from the artwork Erik did and I paid for .. was I mad, well ? guess its a compliment ?

    Ok ..discuss
     
  2. Unkl Ian
    Joined: Mar 29, 2001
    Posts: 13,509

    Unkl Ian

    Get Eric to take care of it.
     
  3. VAPHEAD
    Joined: May 13, 2002
    Posts: 3,257

    VAPHEAD
    BANNED

    My two cents...
    if you're not doing a national ad campaign,don't worry about it.
    If the first logo is a defunct co. who can say anything?

    Hidden still owes me artwork,paid over a year ago.
    not sure what his problem is.Acting like a jerk I'll say.
     
  4. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member

    I have th logo done .. but, I don't know if it will cause a problem or not

    Does it make you think .. Hmmm that looks like , yes ..it does
    but you would HAVE to know the product from the 50's to know it

    Most people today would not know it any longer ..HAMB people will:D
     
  5. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member

    Yeah, well .. I gave up on him too .. but, he had done enough that I took it to another artist and with my ideas ..she whipped it right up

    I have to say .. Its awesome, sent it to one guy ..he flipped
    said .. yep, I'd buy that ..but he knew right off where I was going

    company is still around .. do not use the logo anymore that I'm aware of might but , its changed allot so ,,, legally ?
     
  6. Pontiacres Ranch
    Joined: Jan 26, 2008
    Posts: 649

    Pontiacres Ranch
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    Font is different, verbage is different, more than 25% change....its original. Every possible layout has been done somewhere by some one. I wouldnt worry at all.

    Ive been doing art for 21 years, its never been an issue. If they can get away with totally s****ing Company logos and selling them at hot topic, and others stores....you are safe!

    Ed Evans
    Graphics Pit Stop
    Best Damn Embroidery in Town
     
  7. VAPHEAD
    Joined: May 13, 2002
    Posts: 3,257

    VAPHEAD
    BANNED

    Sharing is caring. post some pic's !
     
  8. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member

    Thats what I thought ... I know some companies do fight harder than others

    I know a person that made a bunch of Harley sign stuff ..and it was nice

    He had it all set out on a table at a swap meet ..along came some legal guy ..said give me all of your stuff here .. guy freaked out
    called 911 they came, yep anything in "site" they could take

    so, now .. he puts on piece out at a time .. :p
     
  9. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member


    skeered ..
    and once on the interweb it will be all over and I'll get my nuts slapped before I even make on dam shirt :eek:

    but, I might anyway .. ha
     
  10. Pontiacres Ranch
    Joined: Jan 26, 2008
    Posts: 649

    Pontiacres Ranch
    Member

    Harley is hard on that stuff.....But they are protecting their profit. I forget the figure, but its amazing what they make in apparel and merc compared to actual bike sales. Everyone can afford a 30.00 shirt.....
     
  11. Unkl Ian
    Joined: Mar 29, 2001
    Posts: 13,509

    Unkl Ian

    A friend of mine was approached by a HD Lawyer,about a piece he
    had on display,which looked a LOT like the HD "Bar and Shield" logo.

    My friend explained,that he didn't steal the design from HD,
    he stole it from the same WW1 German Infantry battalion
    that HD stole the design from.That was basically the end of that.
     
  12. Buddha5150
    Joined: Aug 27, 2007
    Posts: 68

    Buddha5150
    Member

    The only thing I would check into is to see if the company has anything on their copyrights that say the words "similarities". . I know in some companies (the major corp.) have in the copyright that says no use of colors, or similarities may be used. If not then as long as you changed majority of the logo to your own design I think you would be ok.
    "Corporations steal from the little man"
     
  13. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member

    I asked the artist that did the work if she thinks its a issue ..

    similar, yes .. its oval shaped and its red-blue
    but, there is a 1000's of oval shaped red blue logos in the world

    Poses a interesting question at least
     
  14. retarded
    Joined: Jun 18, 2007
    Posts: 59

    retarded
    BANNED

    if they object, they'll send you a cease a desist. don't worry about it. most companies don't even register on the 'radar' of other companies, national or not.
     
  15. retarded
    Joined: Jun 18, 2007
    Posts: 59

    retarded
    BANNED

    I forgot to add, "it's always easier to apologize than to ask for permission"
     
  16. I wouldn't worry about it either; You're really just 'quoting' that old design, not making unfair use of it.
     
  17. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member

    The text on the shirt are ones I use everyday on signs. The name "Big Dad Motorsports" is not owned by anyone using those same text styles.
    The logo we changed so copyright only applies if it was exactly the same and if it were copyrighted in the first place

    So no copyright infringement does not apply.

    She works on this stuff every day so, its a-ok she says
     
  18. There is a reason that there are trademark attorneys. This is an extremely complicated matter legally that we'll never solve here. However, if you're using it for personal use on a limited basis it'll probably never register on the radar. Worse come to worse you'll get a Cease and Desist.

    If you ever get to the place you want to protect it you can have it researched and trademarked. That'll answer all of your questions. In the meantime you'll most likely be fine.
     
  19. pastlane
    Joined: Oct 4, 2007
    Posts: 1,063

    pastlane
    Member

    I used to give a lot of money to a copyright / trademark lawyer when I was making decals. One day he tells me, save your money, make stuff till you get a cease and desist, then call me. Guess by then his boat was paid for & his kid through college.

    By then I was pretty much done with decals anyways & was focusing on corporate apparel (better, faster money).

    Only cease & desist I every got was from Chrysler, they said I was at the Englishtown swap meet and the bought counterfeit T-Shirts from me. Funny thing is, I've never in my life set foot in NJ. They were just blowing smoke and admitted to such.
     
  20. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member

    I only have it on a pdf file ..or , I'd post it ..unless someone knows how to do that ?
     
  21. dv8
    Joined: Apr 15, 2001
    Posts: 1,097

    dv8
    Member

    Hey....That looks just like an "STP" logo!!! :)
     
  22. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member

    Good guess, ..but not that .. but perfect arguement to "like" subject matter

    Its blue, its red and its oval .. just like other one
    They still make STP don't they ?
     
  23. dv8
    Joined: Apr 15, 2001
    Posts: 1,097

    dv8
    Member

    I think they still make it, but they don't "push" the logo like they used to.
     
  24. KCsledz
    Joined: Jun 19, 2003
    Posts: 2,333

    KCsledz
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    converting a PM is easy. PM me for my email ad I will convert it for you.

    cody
     
  25. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member

    Ok .. here it is .. critique away !

    [​IMG]
     
  26. justanotherguy
    Joined: Apr 19, 2007
    Posts: 197

    justanotherguy
    Member

    I like it. Falls into the "parody" category. And if anyone still cares is 51% you have to change, and how you interpret that is debatable. I've been doing this for years too and have often used a good I P lawyer friend for feedback.
     
  27. Pontiacres Ranch
    Joined: Jan 26, 2008
    Posts: 649

    Pontiacres Ranch
    Member

    I think its cool...would think it cooler if those were Pontiacs rather than Plymouth.

    Ed
     
  28. Looking good, Big Dad; Nice (and obvious) parody; shouldn't get you into trouble I'd say.
     
  29. KATFISH
    Joined: Aug 9, 2004
    Posts: 662

    KATFISH
    Member

    Just do it.....

    Who cares what the _ _ _ _ thinks

    Seriously, it will be allright..
     
  30. Big Dad
    Joined: Dec 20, 2005
    Posts: 4,901

    Big Dad
    Member

    Thanks .. The car/ truck mimic mine

    [​IMG]
     
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