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The name "Honda" is trademarked, not copyrighted (copyright is for protecting original creations, trademark is for protecting names, brands, etc.).

 

The specific Honda logos, however, are copyrighted.

 

Trademark law differs in that you can't use a trademarked term in a manner that is misleading to consumers - Ford can't make a car called the Ford Honda, for example.  Someone could start a business called "Honda Widgets" and as long as they don't produce products that are already produced by Honda, or use a logo that looks too much like Honda's, they would be OK.  Honda may still get upset, send a C&D letter and threaten legal action, but unless they can prove their trademark is being used to confuse consumers, they don't have much of a case.

 

If you create a decal that uses the word "Honda" in a manner that doesn't replicate any of the myriad of Honda logos, or attempts to label something as a Honda that isn't really a Honda, then it should be OK.  You should use a superscripted TM or R in a circle, depending on the nature of the trademark (registered or not) to indicate that it is a trademarked name/brand. 

 

If you made a decal that says "This is my Honda!"  in a font that doesn't look like a Honda logo you should be legally OK.

 

If you made a decal that says "This is my <Honda logo>!", then you are violating copyright and trademark law.

 

If you make a decal that says "This is my Honda!" in a font that resembles the Honda logo, then you're only violating trademark law.

 

Disclaimers - I am not a lawyer, nor do I play one on TV.  Your mileage may vary.  Ask your doctor if prescription medicine you saw on TV is right for you. Do not feed your mogwai after midnight and never get them wet.

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What about a skull that says Harley Davidson ......no other HD logos etc...??

have questions about how Harley-Davidson's trademarks can and cannot be used , please send an e-mail to trademarkenforcement@harley-davidson.com. Please note that this address is for trademark-related issues only. Inquiries of any other nature may not receive a response.

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Cut the letters separately. What they do with them is not your problem. Anyone can go to Walmart and buy a set of Vinyl letters and use them to spell anything they want.

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Thank You for the reply everyone! I think I am beginning to understand copyright and trademark laws a bit better. The last thing I need is to get into a lawsuit right now.!

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If in doubt just say no. Cheaper to lose a decal order than pay an attorney and possibly a lawsuit.

 

Jay

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What about a skull that says Harley Davidson ......no other HD logos etc...??

 

Are you talking about Willie G. ??

 

18510-harley-davidson-skull-modele-2-s.p

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Yeah...isnt that copyright??

What if i did my own skull...or a drawing of a motorcycle and just had Ride Hard on top and Harley Davidson below it....

This was the reply i got back....and kinda vague..

---------

The only legal way for you to reproduce any trademark owned by Harley-Davidson (which would include, among others, HARLEY-DAVIDSON, HARLEY, H-D, HD, our Bar & Shield logo (no matter what it says inside), and what we call the Willie G. skull design) on goods intended for sale would be to get a formal, written trademark license directly from us (in other words, our dealers can’t give that kind of permission). Doing so without a license is the definition of counterfeiting, which is a criminal act in most jurisdictions.

You may request an application for trademark license (which is handled by a different department) by e-mail at licensingdept@harley-davidson.com. Please note, however, that we already have two major decal licensees who appear to be meeting our needs quite well; and that it is nearly impossible for Harley-Davidson to enter into licenses with individuals and very small businesses for a host of business, brand, and legal reasons. Therefore, it is unlikely that a license will be available to you.

Please keep in mind that, again, without a trademark license, you would not be permitted to use any of our trademarks on decals, including “on request” by customers; and that minor modifications to our logo do not remove it from the realm of trademark infringement.

Please let me know if you have any other questions.

Judy Henslee

Mgr., Global Brand Protection

Harley-Davidson Motor Company

3700 W. Juneau Avenue

Milwaukee, WI 53208

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Doesn't sound vague to me. Sounds like they "said hit the road bud and don't even think about making anything that even looks like harley".

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For all the law firms Harley employ I wonder if it wouldn't be cheaper for them to open their own law school and train lawyers in exchange for future legal work. If you mess with HD you could end up living in the cardboard box that new fridge came in. Even when I did  the flea market circle and did "questionable" logos all the time Harley scared the snot out of me. Wouldn't even cut it for my own truck.

 

Jay

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Fox Broadcasting and Jack Daniels are far worse than Harley imo. So many companies are going out of their way now to stop unauthorized use of their logos and trademarks. Local here just a few blocks away 5 years in prison for selling MN Twins shirts. 

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The only legal way for you to reproduce any trademark owned by Harley-Davidson (which would include, among others, HARLEY-DAVIDSON, HARLEY, H-D, HD, our Bar & Shield logo (no matter what it says inside), and what we call the Willie G. skull design) on goods intended for sale would be to get a formal, written trademark license directly from us (in other words, our dealers can’t give that kind of permission). Doing so without a license is the definition of counterfeiting, which is a criminal act in most jurisdictions.

You may request an application for trademark license (which is handled by a different department) by e-mail at licensingdept@harley-davidson.com. Please note, however, that we already have two major decal licensees who appear to be meeting our needs quite well; and that it is nearly impossible for Harley-Davidson to enter into licenses with individuals and very small businesses for a host of business, brand, and legal reasons. Therefore, it is unlikely that a license will be available to you.

Please keep in mind that, again, without a trademark license, you would not be permitted to use any of our trademarks on decals, including “on request” by customers; and that minor modifications to our logo do not remove it from the realm of trademark infringement.
 

 

What part of that is vague?  They spelled out that you can't do it without a license, then told you it is nearly impossible for you to get a license and that if you try and do it without a license then you are breaking the law.  That's pretty much to the point and still polite.

 

And, since you've started this conversation with them you have eliminated any possibility of using "plausable deniability" as a defense and now HD knows that there is a vinyl cutting business in your neighborhood that is wanting to make HD stuff and the next time one of their investigators is in your area, they may stop by and check up on you, plus keep an eye on your website, etc.

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Im not talking about cutting their logo or sheild tho....

And i didnt give them my website info...and it doesnt matter i dont have any stuff for sale on my website...

In the above post about HONDA...its the same thing...

If i did a bike and said "I ride a Harely"..or something like that...

Or "my other vehicle is a Harley".

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You dont think they know everything about you from your email? You probably used your main email account. And you probably used your home computer. Your computer gave them your IP address, not hard to learn your name and address from that. Harley has some money and lots of very bored employees. And your email address is probably connected to your website, how hard would it be to link the two? Harley has some money and lots of very bored employees.

 

Maybe youll be the exception. Can you print me one of those My other ride is a harley stickers? 

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Actually..im not stupid....

I used a second email...and its not tied to my website or name in any way...and they couldt try for a year and still not find me thru an ip address....

And no..i dont do printing.....

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Ok so im at a motorcycle show and theres a booth where a custom painter has some gas tanks on display of his artwork...

One of them has a playboybunny, another has the Greenbay packer logo, another has a Batman and Joker theme

Wouldnt these have a copyright issue??

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Ok so im at a motorcycle show and theres a booth where a custom painter has some gas tanks on display of his artwork...

One of them has a playboybunny, another has the Greenbay packer logo, another has a Batman and Joker theme

Wouldnt these have a copyright issue??

 

Yes, but that doesn't give anyone else an excuse to also break the law.  Two wrongs don't make a right - but three rights make a left... or something like that...

 

I went to a computer show in Indianapolis several years ago where vendors were selling pirated software.  Suddenly, almost out of nowhere, a couple of dozen men in FBI windbreakers and sunglasses appeared and vendors everywhere began quietly moving items under the tables.  Everyone was asked to leave, the $6 admission prices were NOT refunded, nor was the $5 parking fee.  Eventually they arrested several people and carted away boxes and boxes of items.  These same vendors had been selling copyright violating software for years and they had become complacent and weren't even trying to be sly about it any more.  Eventually someone notices and the authorities show up and it spoils the event for everyone there, even those who aren't breaking the law.

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Maybe the guy with these painted gas tanks isnt selling these tanks and he just has them on display to show off his art and painting abilities...

There is also a custom Harley here that is all decked out with MN Twins stuff and is a special tribute to Harmon Kilibrew..the owners of that said the MN Twins actually had a big hand in the bike as well as Harmon's family.

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Quick question about the vector clipart packages available for sale?

 

Being that you "have" purchased a clipart package like this one.......  http://www.ebay.com/itm/155-000-EPS-Vector-Logo-Signs-Clipart-Fonts-for-Vinyl-Cutter-Plotter-Wall-Art-/281038379435?pt=LH_DefaultDomain_0&hash=item416f3159ab  that contains many different logos. You in essence have purchased rights to whatever art is within that package right?

 

I spent some time trying to find this information but can not locate the answer. I understand the fair use law and so forth in anything that you copy for personal use, educational, parody, and a few other reasons is not copyright infringement. But if I buy a clip art package can I still be sued for using the work contained within since I don't have direct permission from the copyright owner?

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You dont even have to buy the cd to get the logos. http://www.brandsoftheworld.com/ this place has hundreds of logos for free. Just download the logo you want. But that doesnt make it legal to use all willy nilly. You still have to have permission to use the logo.

 

Also the way I understand the law, even if your making the logo for yourself or giving it to a friend for free. Its still copyright infringement. Reproducing a logo is still reproducing a logo.

 

Here are the terms from brands of the world.

 

The above logo design and the artwork you are about to download is the intellectual property of the copyright and/or trademark holder and is offered to you as a convenience for lawful use with proper permission from the copyright and/or trademark holder only. You hereby agree that you agree to the Terms of Use and that the artwork you download will be used for non-commercial use without infringing on the rights of the copyright and/or trademark holder and in compliance with the DMCA act of 1998. Before you use or reproduce this artwork in any manner, you agree to obtain the express permission of the copyright and/or trademark holder. Failure to obtain such permission is a violation of international copyright and trademark laws subject to specific financial and criminal penalties

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