Shirts, Banners, Vinyls, - Copyright laws
Shirts, Banners, Vinyls, - Copyright laws
Author
Discussion

e2djh

Original Poster:

8,546 posts

249 months

Wednesday 8th November 2006
quotequote all
Hi guys,
It is clear from the many threads that you want to have a logo/slogan to give the Rally a personal identity, and to have available for shirts, vinyls and whatever else.

I have done some research, and the following site unfortunately says it all
www.copyrightservice.co.uk/copyright/p01_uk_copyright_law

You will see:
Restricted acts
It is an offence to perform any of the following acts without the consent of the owner:

Copy the work.

Rent, lend or issue copies of the work to the public.

Perform, broadcast or show the work in public.

Adapt the work.


I am extremely concerned that we avoid potential litigation.
I will attempt to contact teh factory today to seek permission to use teh logo "for this specific event"

We'll see

anonymous-user

84 months

Wednesday 8th November 2006
quotequote all
bump

hormone

823 posts

267 months

Wednesday 8th November 2006
quotequote all
I assume though that if you have bought a TVr flag or such like you can use it as you like.
T shirts would be almost as effective without using the logo if there are TVR flags etc on display, although it has to be said the public are unlikely to see very much of them as we will be sat in the car most of the time.

Far Eastender

1,362 posts

248 months

Wednesday 8th November 2006
quotequote all
It's highly unlikely that TVR would take any action unless TVR branded items are made available for sale.

For the most part, with the exception of Ferrari, the car companies tend to see the use of their trademarks by fans as a positive thing.

snorky

2,322 posts

281 months

Wednesday 8th November 2006
quotequote all
unless "Rights cannot be claimed for any part of a work which is a copy taken from a previous work" . The current logo is deffo a copy of the other previous logos so who owns those, does TVR's current owner own them all ?

andy_j_g

325 posts

239 months

Wednesday 8th November 2006
quotequote all
Well, what if everyone individually got their own shirt printed, would they chase them all? I am sure that the artwork could be made available, from somewhere....

the pits

4,290 posts

270 months

Wednesday 8th November 2006
quotequote all
Well as we now know very little is actually owned by NS, so more than likely Peter Wheeler is still the man to ask!

V-GOM

1,650 posts

258 months

Wednesday 8th November 2006
quotequote all
Far Eastender said:
It's highly unlikely that TVR would take any action unless TVR branded items are made available for sale.

For the most part, with the exception of Ferrari, the car companies tend to see the use of their trademarks by fans as a positive thing.


I don't want to buy one, but I'm willing to make a voluntary contribution towards the cost:

victormeldrew

8,293 posts

307 months

Wednesday 8th November 2006
quotequote all
If someone were to take a really classy photo of their car, or rather the area of their car centered around the TVR badge, then surely the only potential copyright would be the use of the picture of that persons own car - otherwise it would be copyright infringement for anyone to take and publish pictures of their own vehicles?

TT Tim

4,168 posts

277 months

Wednesday 8th November 2006
quotequote all
victormeldrew said:
If someone were to take a really classy photo of their car, or rather the area of their car centered around the TVR badge, then surely the only potential copyright would be the use of the picture of that persons own car - otherwise it would be copyright infringement for anyone to take and publish pictures of their own vehicles?


Like the cover of this months Sprint?

BTW I.P. and copyrite of the Logo WILL belong to TVR. You will infringe © by using it, and if your actions are seen as anti current management I guess there's a slight chance that action may be taken.

Tim

V8Cerbera

1,220 posts

239 months

Wednesday 8th November 2006
quotequote all
I've had the following from someone who has dealt with logo trademark previously. Tell me what you guys think -

Normally the margin for change in a design is 5% - if you change a design by that amount it would be enough. With a logo this isnt possible really as it still says TVR!
In my opinion, I think the design shouldn't come under attack as you have gone to lengths to change the design to make it clear its not a copy or posing as real company merchandise.
The other option would be to contact the company for permission to design a commerative rally t-shirt. They may allow you to use your design. If you don’t want to complicate matters don’t worry

anonymous-user

84 months

Wednesday 8th November 2006
quotequote all
e2djh said:


I am extremely concerned that we avoid potential litigation.
I will attempt to contact teh factory today to seek permission to use teh logo "for this specific event"

We'll see

profstoff

1,272 posts

257 months

Wednesday 8th November 2006
quotequote all
Names cannot be copyrighted and it could be argued that the TVR "logo" is merely the name written in a particular font. In which case the intellectual copyright rests with the author of the font not with TVR.
but...
The TVR "logo" is a registered trade mark and as such its use is restricted. Although we will not be breaking the intent of the trade mark registration, our use might be deemed by the company as against its interests and could object.
So why not someone on here design our own logo for the rally which we could then use freely for whatever purpose we wished. It could include the name TVR without penaly as long as it is not in the style of the registered trade mark.

anonymous-user

84 months

Wednesday 8th November 2006
quotequote all
Andy came up with one on the shirts thread that looked quite different

the dodger

2,376 posts

293 months

Wednesday 8th November 2006
quotequote all
Surely the horizontal lines within the leters make this, along with the font used, the "LOGO". This is the Registered Design and protected by copyright laws so the Union Flag background must be a NEW design - no?

I really don't think we would get into any bother using the UJ logos shown in the other thread. And they look GREAT!

This is all IMHO of course, I have no legal quallies or professional experience except life itself. And I've had quite a lot of that.

V8Cerbera

1,220 posts

239 months

Wednesday 8th November 2006
quotequote all
I would argue that it would not be in the interests of the company to pursue any form of legal action for the following reasons.

1. It would be costly to pursue such action, with little or no recoup
2. Bearing in mind the 5% change rule and the fact that the usage of our logo, incorporating an element of the original design is not in any way being used to "pass off" our organisation as an authorised arm of TVR, the case may not even stand up in court.
3. Taking action would cause bad publicity and further damage the reputation
4. Taking action against an enthusiast may cause other owners / enthusiasts to fall out of love with the company and adversely affect its revenues and sales / repeat sales.

David is seeking to meet with the management board through intervention and using the good relationships of the TVRCC and I myself am seeking further legal advice. This will hopefully give us something to work with.

In the mean time I'm looking at alternative adaptations of the logo that may be used, including submitted examples of original artwork by other members in the shirts thread should it be decided that the risk is too great.