Discussion:
What is the name of your state?What is the name of your state? WA
I am a member of the enthusiast website, . We are trying to get a calendar made of submitted Volkwagen New Beetle photos the the members took themselves. The calender is not being sold for profit, only what a printing company would charge the customer. It is not being advertised anywhere other than the website (currently 10,945 members). The only trademarked items in the calendar would be the New Beetles themselves, and the VW logos on the cars themselves.
In trying to interpret the trademark laws, I think I am more than a little confused. I read the law as applying to businesses that use trademarked item for advertising or to promote items they have for sale at a profit.
The owner of the website/domain applied for a license from VW via their website, , but was denied a license for reasons unknown to me.
Can someone point me in the direction of a law that would help me understand if it is illegal to have a company print these calendars up and sell them to the members at a non profit price?
Thank you!
Answer:
Well, here's a link to the basic law:
However, you really need to thoroughly read through the caselaw to figure out exactly how to apply the statute to individual cases.
In your case (which has been discussed ad naseum in these forums), pictures of your own cars are fine -- selling the calender as a "Volkswagen" calender, or a "Beetle" calender (even if the sales are not-for-profit and are to your group) is probably not. The use of the "volkswagen" or "beetle" or "VW" marks in the title, promotion or sale of the calender would likely be an infringing use.
If you call you calender "Member's Rides" or something along that line, and then have pictures of VW's on the inside (that are pictures you guys have taken of your own cars), then you are probably okay.
Answer:
Thanks for the reply.
Unfortunately, per it appears we aren't even able to have photo's of the New Beetles themselves as the design itself is a trademark, whereas the other VW models aren't trademarked.
Thanks again.