Making a nice living with CNC - Page 3 - Router Forums
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post #21 of 82 (permalink) Old 05-26-2017, 12:37 PM
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I have been meaning to ask this question for some time . Say you make a sign , if you sell it could you be infringing on someone's patent ?
Say someone wants the Edmonton oilers logo , or your making a sign with a known slogan , if it's not for personal use or a gift , I believe you can be sued?
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post #22 of 82 (permalink) Old 05-26-2017, 01:03 PM
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Rick,
Yes you can get your t*t in a wringer if you copy a trademarked image!!!! I posted a Harley Davidson sign on Etsy - took about 2 weeks and I (and quite a few others)got 2 nasty emails. One from Etsy and the other from HD legal. Not that I won't do something for someone I know, but not openly advertised. You gotta watch it.

Now you can pay a fee to the trademark holder and a % of each sale. But you'd never sell enough of them to pay the fees, unless Tom markets them for you.
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post #23 of 82 (permalink) Old 05-26-2017, 01:35 PM
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It wouldn't be a patent infringement, Rick, but likely a trademark infringement. Someone can commission you to build an item with the Harley Davidson or Edmonton Oilers logo and you can build that for them royalty free. You can build a hundred of them and give to friends and family if you want. But if you decide to build more and market them for sale then you'll have to pay the piper.

Basically you can - patent a design, machine, or product, etc.; trademark a word, phrase, style, or design that identifies or separates your product from others; and copyright an original artistic endeavor (song, woodworking art, painting, etc.).

Each has its own lifespan, as well. In general a copyright for the original idea holder lasts until his/her death plus 70 years. A patent is 15-17 years depending on the type and who you talk to. A trademark is generally indefinite. Obviously there are exceptions and additions to this and qualifying conditions but this is a fair rule of thumb (for US items, that is, not international - whole different ball game).

I didn't research this so if I'm off a bit I'm sure someone will let me know but this is the general knowledge I try to keep in mind. And likewise there are volumes of this on the Internet but if you need to take advantage of most of this you'll be working with an attorney anyway.

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post #24 of 82 (permalink) Old 05-26-2017, 02:14 PM
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Hey Tom. Ordered a copy of that book yesterday, $8.90+, used, and free shipping. Got an e-mail, shipped today.

I've got no worry about trademark infringement, I design all my own stuff. However, I have read that if you make 7, or more, changes to a trademark, it is then considered your work. Don't recall where I read this, possibly on the patent and trademarks site. I once used a photo taken in about 1914, of an individual from one of the NorthWest tribes, to use as the face for my cigar store Indian bank. Later figured out I had made 11 changes from the photo - all hand sketched.

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post #25 of 82 (permalink) Old 05-26-2017, 02:23 PM
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Perhaps if @patlaw sees this thread he might respond, but I haven't seen him active in a while. I believe he is a patent lawyer.

Having said that, I agree with David in that it wouldn't be a patent infringement but a trademark infringement.
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post #26 of 82 (permalink) Old 05-26-2017, 02:47 PM
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And to take it a step further, the moment you create your special design it is yours and yours alone. This is important in the marketplace for sites like Etsy, that truly honors the copyright owner, if you design and build something to sell on Etsy and subsequently see your work being recreated by others then Etsy will pull the item off the other seller's store or shut them down completely until it is resolved. If you post the copyright sign on your photos and in your write up then you have an even stronger case in your favor. If you take it a step further and register your design with the US Copyright office then you have real teeth in your effort and gaining a judgment on your behalf and in your favor is far easier, should it become necessary.

This goes for all marketplace efforts, not just Etsy, but Etsy is one that truly enforces this and supports originality. Now you can't copyright a modification of a cutting board, let's say, if you see one you like and just exchange Pecan for Cherry and then try and call it original. But if you create a cutting board with a unique inlay or feature that you've never seen before and you are certain it is your original idea then you can copyright that.

I have yet to open our Etsy shop but when I do there are several designs of items I know are my original ideas and those are marked with the copyright symbol and spelled out in the description. It would be nice to have the problem of something being so good in design and creation that others want to copy your work but that may be a lofty goal - LOL!

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post #27 of 82 (permalink) Old 05-26-2017, 05:31 PM
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Quote:
Originally Posted by vchiarelli View Post
Perhaps if @patlaw sees this thread he might respond, but I haven't seen him active in a while. I believe he is a patent lawyer.

Having said that, I agree with David in that it wouldn't be a patent infringement but a trademark infringement.
Guys I meant to say trademark , but couldn't remember what it was called. I see some people on Sharks Tank get tuned in real quick when they mention using someone's logos etc.
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post #28 of 82 (permalink) Old 05-26-2017, 08:09 PM Thread Starter
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Copyrights, trademarks, patents are irrelevant if you are making something with a protected image or slogan for the holder. You just can't reproduce and sell it to others. Your permission is the written order with attached drawings. You can and should keep some samples of projects to show off, and photographs for your website, email newsletters and social media. The pictures and objects also let prospects know that you work with top tier clients. Call them clients, not customers. Whole different mind set.
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post #29 of 82 (permalink) Old 05-26-2017, 09:20 PM
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Quote:
Originally Posted by DesertRatTom View Post
Call them clients, not customers. Whole different mind set.
Very glad I went back and went thru this thread again. If that book helps me as much as you have so far, I'll be squattin' in tall cotton.
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post #30 of 82 (permalink) Old 05-26-2017, 09:59 PM Thread Starter
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Quote:
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Very glad I went back and went thru this thread again. If that book helps me as much as you have so far, I'll be squattin' in tall cotton.
Now, that's why I ran for Contributor. Amazing what information has shown up on this string.
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