Paul,
Well, I can't see where you contradicted anything I wrote! I made no
comment on the recourse available to the company for use of its trademark,
only that it would be 'off their radar', so to speak. You pretty much
reworded my original "simple" point (along with a nice supporting anecdote),
so thank you ;-) The important thing is we are all in agreement - there is
no real risk associated with this little bit of fun. You can count me in.
Cheers,
Dean
----- Original Message -----
From: "Paul M." <rowman22001@yahoo.com>
To: "Dean T. Lake" <dtlake@erols.com>; "MG List Postings"
<mgs@autox.team.net>; "Tab Julius" <tab@penworks.com>
Sent: Saturday, August 16, 2003 11:18 AM
Subject: Re: I want a "Lucas Electrical Emergency Team" hat/t-shirt
> > 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.
> 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.
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