Car Clubs BEWARE!!

I was in the Virgin Megastore record store down the street from my office the other day and noticed some car club shirts, including the Throttlers. I've been PMing Loudpedal of the Throttlers and they have NOT authorized this. Here's the details. I don't have any photos, but I'll try to get some next week.

The shirts are made by "Phantom Hot Rod Assoc." The back of the tag says "Ames Bros. 2005" I haven't been able to find anything on Phantom, but I'm pretty sure Ames is these guys http://www.amesbros.com/

The shirts are printed to look old. Here are the clubs:

Throttlers, Brawley, Cal. (track nose hot rod with a lightening bolt behind it)

Pharoahs (hot rod image)

Romans, Defiance, OH (hot rod image)

Eliminators, Devils Lake, P.T. Assoc. Cert. (cat face)

Rumblers, San Andreas C.C. (hot rod image)

The tags on the shirts have a vintage hot rod photo and on the back a little story about how back in the day cool car clubs like the Throttlers and Pharoahs used to race hot rods at Muroc and Bonneville. and... not everyone could be in the club or have a car... "But you had to have the shirt"

I'm pretty sure you can copyright a logo, but not a name, so I don't know what can be done legally. I know I'd be pissed if someone was making money off the Czars hard work

 

You can copyright and register a name making it legally yours when it's obviuosly meaning something. Ford owns the rights to the word Mustang for automotive uses. So the Throttlers (or however) club should be able to control who uses (ie makes money) off the clubs name since it is obviously referencing their club.

 

"As we speak.." the Hell's Angels have a copywrite case going against Disney for using their skull and wings in a comedy movie about some old fart bikers wannabees.

 

you can definitely trademark anything if you can prove its yours- copyright though is used for works of art and written works, and musical works, etc. Anything like logos or product names are trademarks. Trademarks protect names or logos in commercial use, anything that is a "brand" or you want to make money on.

But, here's the deal- you need to trademark a logo or name for a certain field. For example, you file the paperwork and you can then use "Throttlers" or the logo for making clothing. You'd have to file another trademark if you wanted to put a throttlers logo in a valve cover, or if you wanted to put the throttlers name on condoms, etc.


$$$$$$$$$$$$$$$ as hell if you want to cover all bases

http://www.uspto.gov/main/trademarks.htm

 

truthfully if it isnt used in mass production to supply something to the general public i wouldnt care to much. if anything i would be happy that the car clubs names are getting out and recongized.

just realized i need "Don't Give a F_ck" as my title.......

 

http://www.copyright.gov/circs/circ40.pdf

Good reading.

 

I was in the Virgin Megastore record store





THIS WHOLE FUCKIN SCENE IS GETTING RUINED! FIRST VON DUTCH NOW THIS !?!?!?!?!?

 

but most clubs that I know of sell there cruise/night t-shirts or they have specail t- shirts that they sell to the public to raze money for charity, and they do not sell there club t-shirts to the public.

 

You would think that a media giant like Virgin would understand
copyrights and trademarks.

One of their product managers probably agreed to handle these,
hoping they will be the next Big Thing,without researching the names.

A couple Cease and Desist letters might handle it.

 

Not to get too far off topis but is this a real club? Does anyone have info on them? Thanks

 

I'm headed to the Virgin Megastore in S.F. later today to look for a book, I'll bring my camera to snap some pics and try not to get kicked out.

 

good point. an unathorized selling or marketing of those names would take away from the money raised for charity purposes.

 

I think they switched club names and city names to avoid legal problems, or simply for aesthetics

umm... they were at the Virgin Records Megastore... on the main floor... with hot rod books ...in a display with "I <3 Ducky" and "Goonies" tshirts ...next to a Brittny Spears display. I think they're being mass produced for the general public.

 

even if you don't have something trademarked, and even if YOU aren't making money off of it at the time, you still have legal grounds to go after somebody for using your logo or name to make money without your permission. You just have to have proof that you used it first, a history of its origins. That's why I draw a little TM by our logo every time I print it somewhere (even though it's not really trademarked, it still shows ownership of sorts). Copyright really has nothing to do with commercial use of logos, so they'd want to file a trademark case, cause somebody is profiting off of their property.

 

think I could get these guys to do me a HAMB shirt???
just kidding,Ryan.......
I snoozed,and I loozed.

 

I want to see these shirts. Six years ago, before I knew there was a HAMB, before I knew there was a Chrome Czars Motor Club, before I knew there was anyone but the shifters, I would have eaten that up cause I was hungry... starving for anything hot rod I could get my hands on.

Maybe this will get some kids into hot rods. That is cool.

What is NOT cool is that these numbnuts (no offense Bill) used real existing club names. Think how hard it is for "us" to come up with car club names, let alone a "civilian" art director who didn't know any better. I'm not suprised they took the easy way out.

I would bet that they are banking on the fact that these small clubs can't afford to fight for what is theirs. You know, it would be waaaay cheaper to just go buy all of them you can find in your area (thinking of the Throttlers mainly) and use them for junkyard trips, pulling motors and getting greasy. They won't be in the store long. The season is short on clothing in mass market stores.

On the other hand, the idea of some yuppie sipping a mocha lotte at Starbucks wearing one of those shirts cause he thinks his M3 is a "hot rod" sucks ass.

 

theres 2 companys sellin t shirts with my merc on them i dont really care its kinda flattering i guess, but i contacted them i just wanted to see if i could get a free shirt! i got nuthin!!!

 

I propose that someone start a club called the Mega Virgins. Perfect for a group of undeflowered Orcabetties.

Humor purposes only ;-)

 

now i, too can be in a car club... cool. if i knew it was as easy as this i'd have done it way back.
nic

 

Which Throttlers ? Hollywood, Utah? So Cal? Real club T shirts have a funny way of getting around. I saw some in Paso last year That couldn't possibly be members of the club whose shirts they bought on E Bay.

 

I had troubles with my shop name when I started. Seems some f*$k decided it'd be funny to register my domain name, then told me he wasn't doing anything wrong. I got edgumacated quick, and discovered the Anti-cycbersquating Act of 1993. Seems you can't register a company name as a domain, then try to sell it, do business with it, misrepresent it, ect, etc. A quick call to him, plus a fax of the act, and my domain was mine. You see, if you break the law, not only do you get to pay fines (including estimated lost profits), you also get to pay the court costs. Sometime our gubment does right.

As far as the trademark issue, you can show that a logo or name is yours just by providing the authorities with the first reciept (showing date) from the shop where you first got your t's printed up. You see, that show's you were producing a manufactured good, and that get's you a "service mark," which is almost as good as a trade mark. Believe it or not, having "Trade Mark" is also legal. You're just not "Registered." It still show's that you own the mark, as long as you can prove ownership of the name. If the Throttlers can show they have had possession of the name BEFORE the shirts were printed that are in Virgin, they should be ok, and a letter should stop the people making the shirts. The Throttlers could even be entitled to a cut of the profits from the shirts.

Ain't the legal system grand?

 

Let me get this straight. You guys are upset over a piece of clothing? Since when does wearing a shirt make you anything? If you wear a football jersey you're a football player? A basketball jersey? The 9 yr. old wearing the west coaster choppers t-shirt a chopper rider? I don't think so, but I guess I don't judge the book by the cover. All it takes is a couple questions to these guys in the hotrod shirts to find out if they are or aren't. If they are, you've found someone new. If they aren't, well put 'em on ignore and move on. Last time I checked, hotrodding was a mind set, not a clothing issue.

 

To me, it just doesn't seem right. I still get pissed off about the Von Dutch t-shirts. How would you feel if you walked into Walmart and saw a knock-off HAMB t-shirt? Would you feel flattered then? Maybe it's just me, but I'd be pissed. And the main reason is, people wear them and don't have any clue what they've got on. I mean, how many pre-teens would you see in the mall wearing Von Dutch flying eyeball t-shirts, if they knew he was an alcoholic pinstriper?

 

I don't think you are seeing the problem. If they were selling some shirts that had some stupid made up car club logos and names on them, it wouldn't be a big deal.

They are, however, making shirts with ligitimate car club's logos/names. It's not joking around when you steal something like that. If I saw some jackass kid running around in a THEM! Tx shirt, and I didn't know who he was, I'd wouldn't be too happy. But then what happens when some retard rat rodder is wearing one of those shirts at a show, gets wasted, and kicks in someones fender. If we wanted to be associated with just ANYONE, we'd be handing out shirts on the street corner.

I don't think this guy is concerned about respecting tthe HAMB, so that last response is probably falling on deaf ears.

 

For a while I made it a point to inform anyone I saw at my high school wearing Von Dutch stuff that he was a reclusive, abrasive, alcoholic pinstriper whose greatest claim to (mainstream) fame was having his estranged daughters sell his name, and you know what? They really don't care. Fashion is fashion, fuck the implications.

 

LOL. I was in Costco yesterday, they're now selling Von Dutch T-shirts.

 

I think in the old days if you where caught wearing a club members jacket and you were not you got an ass kickin! Food for thought!