> As long as no one is making any money off the
> trademark, and it is not
> widely distributed, the use of it is less of
> interest to the owner.
> Besides, if we get slapped with an injunction to
> stop wearing them, it will
> make it all the more fun!
Actually, it's not really that simple. First of all,
how vigorously copyright or trademark infringment is
pursued can vary widely, and it's always directly up
to the company that feels it is being infringed upon.
Some - like Mercedes-Benz and IBM - VIGOROUSLY defend
their copyright, because they feel that ANY erosion of
their image, no matter how slight, could have grave
consequences in terms of their global promotional
strategies. I have heard of Mercedes-Benz seeking
monetary damages from it's own dealers for certain
types of trademark misuse!
Secondly, the penalties for copyright or trademark
infringement are not based on profits. They can be
based on almost anything, including damage to the
reputation or image of the brand in question. In this
case, I think the worst risk we likely face is a stern
"cease and desist" order from Lucas which is, as far
as I know, still a functioning brand and company.
I got a taste of this myself once...
When I was in a high school, I created a t-shirt based
on the Porsche Crest that - instead of Porsche - had
my university name on it, and the words: "There is no
substitute" underneath. I advertised them in the
school newspaper and sold a ton of them (in fact, I
sold enough to buy a very nice 2.0L Porsche 914 with
the profits...) About four months later I got a
letter from Porsche's in-house legal team, threatening
me with all kinds of legal action if I didn't cease
and desist. They were pretty pissy about it, claiming
I was devaluing the brand, etc, but ultimately, all I
had to do was promise in writing never to do it again.
But in this case, we really won't be mocking or
ridiculing the Lucas brand anyway, so I can't imagine
they would care even if they found out, which I can't
imagine they ever would. I mean, we're not talking
about significant quantities or anything, so I can't
really see the harm.
But it's worth noting that if Lucas is still a
functioning brand (or even a dormant but "maintained"
brand like Triumph is), using their logo without
permission is clearly illegal.
=====
Paul Misencik
1971 MGB Vintage Race Project
www.sopwithracing.com
Huntersville, NC USA
www.paoloroman.com
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