gcextreme

ACE HARDWARE

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So the owner of the local Ace Hardware came into my store today, he wants the ACE Logo and his phone number put onto his new trailer and his truck.

I know this is a touchy subject, and i don't want to get sued by ACE for doing this...so how should i proceed?

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yeah thats what i was thinking... i will just have to tell him i will need that.

just wasnt sure if there was already something like that in ACE's policy, i can't find anything in their policy about it.

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Sure there is  From ACE website.

 

Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Online Services are registered and unregistered trademarks, trade names and service marks of ACE or GSI or their respective affiliates. Other trademarks, trade names and service marks used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the Online Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Online Services without the written permission of ACE, GSI, or such third party owner, as applicable. VELCRO® is a registered trademark of Velcro Industries B.V.

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I read that, that is pertaining to the ONLINE use....or am i reading it wrong. 

The ACE HARDWARE logo is Copyrighted/trademarked PERIOD.  You need permission from ACE Hardware, 

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Yes I am aware.....thats why i asked and posted this because i wasn't sure how to go about it. Do I email them or do i have the dealer/retailer do it??

 

What should the permission detail, should they have my name and business listed in it...or will it be just a generic permission for the licensed dealer to have stuff done?

 

I have never seen a permission letter, so i don't know what to expect or look for to make sure it's legit and covers my ass.

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Here is the list that are recorded...  Make him provide  written permission.   He may not be able to....He may be required to buy all of his logos, display items, promotional items with ACE HARDWARE trademark. etc... from ACE Hardware..to keep logos all looking alike..

 

http://www.trademarkia.com/trademarks-search.aspx?tn=ace+hardware

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In addition to what MzSkeeter et al have advised, Here are 2 forms I created and use to try and further protect my hide;

(2 Party and 3 Party, respectively)

 

CopyrightOwnerIndemnificationRelease.pdf

CopyrightLicenseIndemnificationRelease.pdf

 

Disclaimer: I am not an Attorney. Seek proper legal advice when in doubt.

These 2 documents are similar to what Wal-Mart uses before reproducing questionable photos.

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I operate similar to skarekrow. I do the shock-n-awe discussion up front about Trademark and Copyright and then throw down on them with a release to sign. I have had two different responses. One said let me check into it and I never heard back from him and the other signed it and said let me check back and in fact did get back with me and passed on a couple of the companies specific directions on use of their mark. Basically what the minimum size needed to be and how much clear space needed to be around the logo. I did the second folks work. 

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That was nice of you, skarekrow, thanks.

 

I approach it this way -- if the customer has an existing ongoing relationship as a distributor/reseller/franchisee of the corporation, he/she already has an expectation of being allowed to utilize the logo in his advertising materials, so long as it's kept intact just as the corporation designed it.

That includes matching their Pantone colors, if required.

 

I did several jobs for a McDonald's franchisee (some drive-through parking signs, and other bandit-signs seeking employees).

And the golden arches were right there on every one.

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I would think if he is a Ace Hardware franchisee he already has the right to use the name and logo to promote his business that's what the franchise covers maybe with rules and stipualations but he should be free to use it.

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Thanks skatecrow..i will download them tomorrow when I get to my store.

I sent the guy an email, asking him to provide written permission from corporate office...just hope I don't scare him off.

He wants his 12' enclosed trailer redone, his new 14" flatbed, the bedsides vinyled up.

And his company truck.

He also wants some coroplast signs and banners.done for some sales, etc.

So hopefully everything will go smoothly and i can start getting some actual money coming in.

Went thru my last 3 months of in-store sales....i have only $220 in sales from walk-ins.

But another $1800 in online sales for those 3 months.

I put an add in the paper for a FREE NACHO DAY at my store this friday.

i bought several bags of nacho chips and a huge can of nacho cheese and lots of bowls. Will have tables set up with he cheese in crockpots and serving food.

Hopefully i can drive up some business.

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Be careful of serving food, most places require a food handlers card and health department inspections. just more BS to deal with.

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I work with an Ace owner. As an FYI - owners are reimbursed up to 1/2 the total bill by Ace for advertising.

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He just stopped by today...said he had never heard of needing written persmission....said the print shop in town did a banner and brochures for him using the ACE logo and they didnt request any written permission. I explained to him that the logo is copyrighted and trademarked and can't be reproduced legally without consent.....and i cant help it if others broke the law to make a quick buck and are willing to risk a big lawsuit.

 

He said he would talk to his district manager that was coming today about it.

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I hope you at least quoted a price pending the legality. It would be a shame to talk your way out of legitimate work. 

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I get them to sign a release stating they had permission. To be fair if I waited for corporate to act or for the lazy franchisee's to get in touch with corporate I would never get anything done.

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I get them to sign a release stating they had permission. To be fair if I waited for corporate to act or for the lazy franchisee's to get in touch with corporate I would never get anything done.

That is pretty much where I am at. As long as they are comfortable signing something then I kind of take a little on myself and go forward. I don't have a whole lot of clientele that fall into this territory so it's not a daily occurrence. Most of the ones that do actually get a 50% match from the sponsor and usually have to produce a picture for approval anyway so I have never been very concerned. I think it's at least a good argument that a franchise owner would know the rules for his association with the mother ship. That's not saying he isn't skirting around some rule to save a buck but I think you would have a good argument if he signs a release. 

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Unfortunately like anything else you may loose a job for trying to do the right thing but you have to protect yourself!

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Another thing,

 

Let him provide you with the actual file of his logo (and not from google- LOL), that along with the release should cover you.   I know when my company (large WW corp) has anything printed, we always provide the artwork and 3D guidlines, to the printer as well as a release if needed.

 

One more thing,  If he is willing to sign a release try and get it for say 12 months so when he wants to do more items, you are covered for said period without having to keep signing releases

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