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[Dynamo]

Greetings, Excelsiors...

I have talked to an attorney friend of mine, and he cannot answer this question (bear in mind that he is not an intellprop lawyer)...I have a highly marketable design that I have created that is, what I call, an artistic/abstract impression of a very well-established trademark.  This is an automotive trademark that is plethorically reproduced in the aftermarket industry in different configurations, colours, media, etc.  My own design has never been done, and I wonder if I have any ground to try to sell it to one of these aftermarket companies as a design for a decal, metallic emblem, etc.

Thoughts?  

[JSonnabend]

Without the details, it's virtually impossible to provide you with a meaningful answer.  In short, if the use of your design would lead consumers to believe that the party using it and the original mark owner were one and the same (or former was endorsed by the latter), then the use would likely be deemed trademark infringement.  I'm not sure, from your obfuscated pronouncement of the facts what, exactly, the plethora of reproductions comprise.

- Jeff

[Dynamo]

Hmmm...

Sorry about the obscurity.  Ok.  This company's logo is used on T-shirts, hats, keychains, watches, clocks, mouse pads, decals, etc.; as well as their automobiles.  The manufacturers who produce these products in the aftermarket, I'm sure, obtain permission from the owner of the trademark to reproduce it in these fashions, then pay the owner a royalty for each product sale.

Sometimes the trademarked logo is reproduced as the original, sometimes you will see it with flames around it, blast lines on either side of the decal with the logo in the middle.  Sometimes it is just an outline, sometimes opaque, coloured, metallic, etc.  The common denominator in all these configurations is that the actual lines of the logo are the same.  What I have done is used other shapes to create the lines of the logo.  For example:  Imagine the outline of a square as a solid line.  Now imagine that the solid line depicting the shape of the square is actually another shape.  Line up a series of trialgles and ovals into the shape of the square, much like converting a solid into a dotted line, but the dots are these other shapes.  My design is quite a bit more complicated than that, but you get the idea.

I actually intend for the shape to be recognizable as the owner's trademark, and for them retain royalties for every sale.  But I would like to sell this design to a manufacturer who could obtain permission to reproduce it.  I have no interest in manufacturing this image on apparel, decals, and so on, by myself.

Does that explain better?

[wallflower]

What exactly is your question?  It seems that you already have some knowledge with what other companies do with such designs.  And you seem to already have a plan to find a manufacturer who will obtain the necessary permission.

[Dynamo]

Thanks for helping me get to the root of what I am trying to ask.  The question is like this:

Other companies simply take the existing logo, unchanged from original, and add embelishments/garnishments such as flames or other designs all around it.  I have actually transformed the original logo into a new design.  Still retaining the recognizable shape, but its composition is more abstract.  Since these other companies don't actually change the design of the logo, do you think that I can market my design?  (I wish I could post pictures...I would sketch an example and show you what I mean).  I can e-mail an example if necessary.

[Dynamo]

Also, I am afraid that if I take it to a manufacturer to see if they will buy/market it...what is my protection against someone stealing it right out from underneath me?  I don't think I can get a copyright for this design since it is someone else's trademark, can I?

[JSonnabend]

Again, to the extent that consumers would be confused as to source of the shirt and/or endorsed by the tm owner, you might be running afoul of tm law.  If not, your use might be deemed parody and therefore permitted, but a qualified TM attorney would have to review the specifics before offering an opinion on that.

As for the tm owner stealing your design, to the extent that you had valid copyright interests in it, use by the tm owner of your design would likely infringe those rights.  Of course, that oversimplifies things a bit, and it's entirely possible that you have not protectible rights in your design, but again, an attorney can only give you useful guidance after reviewing the specifics.

- Jeff

[Dynamo]

thanks for all your comments.  I think I will need to go and see an attorney and lay out all my cards.

Hopefully, you will see a new product on the market really soon!!  I'll let you know.

Cheers.