Discussion:
What is the name of your state? Pennsylvania
Background:
I am planning a business that will make low volume or single custom automotive accessories and artwork - items such as front license plates, wall plaques, trophies, awards, and similar. I want to use manufacturers' emblems/logos that would be purchased from a licensed source (such as a Chevrolet "bowtie" grille emblem purchased from a GM parts dealer or maybe junk yard) and mount it to a license plate or engraved trophy.
Question:
Am I "protected" as a reseller by the fact that it is a licensed item purchased from an authorized source, or do I need permission or licensing to incorporate the logo into my own custom items that will be sold? If the item is sold as a single piece of custom art, i.e. a sculpture of car parts that incorporates an emblem, are there any different ramifications?
Thanks
Answer:
Am I "protected" as a reseller by the fact that it is a licensed item purchased from an authorized source, or do I need permission or licensing to incorporate the logo into my own custom items that will be sold? There was a similar post to this a week or so ago in one of the other categories concerning sports-temed gift baskets, and the answer is the same. Basically, you can use the licensed item as long as they are lawfully acquired -- however, you must be very careful in your advertising in order to avoid ANY possible confusion as to whether or not you are licensed to use the logos in your artwork. So, for example, you could put up a website to sell "Automotive Art" or something, but if you say "Ford Art" or use the word "Ford" in your webpage title or metatags, you are asking for trouble.
If the item is sold as a single piece of custom art, i.e. a sculpture of car parts that incorporates an emblem, are there any different ramifications? No. You can use the parts in your sculpture, you just can't advertise in such a way that it makes it appear as if you are licensed or otherwise authorized to use the mark by the mark owner.