Inlay Designs and the LAW ...
- Thread starter WilleeCue
- Start date
RocketQ said:
I know for a fact if the owners of a logo (ex: NFL) wanted to they could come after you for infringement.
I doubt they would care about you making a one off custom cue for someone but if you ever mass marketed that cue for sale to the public you could be in hot water.
Somehow the offshore knock offs seem to be exempt from all that.
I dont know who first invented the split diamond design but just about every cue maker uses it in a cue at sometime or another.
The famous Szamboti propeller is a good example of a well known design that might be OK to use in a tribute cue IF proper credit is given .. but otherwise might draw some heat.
But is there any legal recourse if a unique design you invented is copied and mass produced?
Eric Wynne
Banned
Yippy Skippy
Bad to the bone cues you're working on there Willee , the one on the left I want .... Give me a shout some time ...
Bad to the bone cues you're working on there Willee , the one on the left I want .... Give me a shout some time ...
dave sutton
Banned
WilleeCue said:
cuemaking in general is a constant example of design theft. who is the first to cut a cue in half or use a piloted ss joint or cut in points and veneers. why stop at inlays? who is the first to use a rummber bumper? just like the mike gulyassy thing. who cares. without others copying others we DO NOT have a cuemaking trade.
the MOP split diamonds are purchased from guitar supply companies mainly. i guess it could be done but the ends will never justify the means...
trademarks, etc.
Unless the design is Trademarked, Copyrighted or Patented AND plainly displays the appropriate registration mark it is in the realm of "public domain". Which means you are free to use it.
Bob Flynn
denalicues.com
International Cuemakers Assoc.
WilleeCue said:
Unless the design is Trademarked, Copyrighted or Patented AND plainly displays the appropriate registration mark it is in the realm of "public domain". Which means you are free to use it.
Bob Flynn
denalicues.com
International Cuemakers Assoc.
Barry Szamboti would be suing a ton of people if it did.WilleeCue said:
there is no way you can patent or copyright a inlay
law
Tell you what, inlay Coca cola's design into your cue, or a college or NFL team logo into a cue and see what happens. With a good attorney and money to burn, you could get something called a design patent. Don't know who would be stupid enough to do it, but it could be done. A lot of patented items are not functional patents, but design patents or trade dress. Calloway golf has one on the old english script they used on the bottom of their big bertha golf clubs.brianna187 said:
Try Snow White or the seven dwarfs.cutter said:
Disney sued one man who had them as tattoos.
Sorry to disagree with the masses, but there is a section of Intellectual Property Law that will allow you to protect a truly unique design or concept, provided that you are the first to use it.
This section of the law has changed in the past few years, thanks primarily to tattoo artists and the Martin Guitar Company.
PS. Use the Coca Cola or NFL logo or name without express written consent, even for a one of a kind item, and you will have more problems then money to pay lawyers.
This section of the law has changed in the past few years, thanks primarily to tattoo artists and the Martin Guitar Company.
PS. Use the Coca Cola or NFL logo or name without express written consent, even for a one of a kind item, and you will have more problems then money to pay lawyers.
You can not knock off a protected design, however you can change it by an amount that can be quantified as a percentage, and so long as you are not attempting to fool a consumer into thinking it is an original, you are ok.
In other words. If a protected design has 11 specific elements (angles, colors, boldness, etc...) you would need to change 6 of the 11 elements to avoid an infringement issue.
In other words. If a protected design has 11 specific elements (angles, colors, boldness, etc...) you would need to change 6 of the 11 elements to avoid an infringement issue.
pippin65 said:
Consumer confusion is more of a trademark issue. Someone could copyright a design, but more likely they will get a design patent. Here's a link to one:
http://patimg1.uspto.gov/.piw?Docid...&SectionNum=&idkey=NONE&Input=View+first+page
WheatCues
Banned
Personally, I think if you have the slightest doubt about using an inlay or pre-existing design then you should not use it....
This can evolve into serious legal issues and cause you more money aggravation and pain than you can imagine, especially if it's a large organization or company that has a team of hotshot attorneys and deep pockets to back it up !
It's a 50/50 shot if you get noticed or not... but if your a reputible cuemaker than don't risk infringement issues, unless you plan on altering the original design atleast 20% and then infrigement is no longer an issue.
This of course is just my opinion and understanding of potential risks !
Sincerely, Eddie Wheat
This can evolve into serious legal issues and cause you more money aggravation and pain than you can imagine, especially if it's a large organization or company that has a team of hotshot attorneys and deep pockets to back it up !
It's a 50/50 shot if you get noticed or not... but if your a reputible cuemaker than don't risk infringement issues, unless you plan on altering the original design atleast 20% and then infrigement is no longer an issue.
This of course is just my opinion and understanding of potential risks !
Sincerely, Eddie Wheat
There go the diamonds, tiffany diamonds, barbells, ovals, boxes, chains, cards, dominoes, notched diamonds, S's, X's, metric dots in abalone/pearls/ivory, piano keys, ...WheatCues said:
Interesting story relayed to me about 8 years ago from a guy at McDermott at the time...
Back in 1990, McDermott came out with the HD-1 model cue...this would be the very first Harley cue they did. Production numbers for this particular model are relatively low, not because it was a new model cue, but because McDermott had failed to get a licensing agreement signed with Harley-Davidson to use their logo in the cue. HD got wind of it, and hit McDermott with a 'cease and desist' letter, and threat of a lawsuit if production of the unauthorized HD cues were not stopped, post-haste.
As we all now know, McDermott did in fact sign a licensing agreement with HD, and one of it's most successful lines of cues was born.
I can tell you, HD is extremely aggressive about protecting not only their name, but the Bar & Shield, as well as, the #1 logos as well...and it goes well beyond that! They actually have people on staff, whose job it is to peruse sites like eBay for any listings of motorcycles that are not completely HD from top to bottom...if you change out the transmission or engine to aftermarket, then according to HD, that bike is no longer an HD, and they will have the auction pulled. I cannot tell you how many times I have seen this happen...auction pulled within 24 hours close with heavy bidding taking place. There have been many a pissed off seller that this has happened to.
So, you see....some companies will take action, no matter how small the 'infringement' might be.
There are different ways to take some of the existing inlay designs of old, and to make them new and interesting again. A recent example I can think of off the top of my head would be a cue in the Gallery recently displayed where the cuemaker took Tiffany diamonds and notched them...looked very, very cool.
Now, your more standard dots, diamonds, and notched diamonds where actually appropriated from musical instrument manufacturers. But, you can do things with peacocks and propellers that can change the look entirely...all one needs to do is to use their imagination.
Lisa
Back in 1990, McDermott came out with the HD-1 model cue...this would be the very first Harley cue they did. Production numbers for this particular model are relatively low, not because it was a new model cue, but because McDermott had failed to get a licensing agreement signed with Harley-Davidson to use their logo in the cue. HD got wind of it, and hit McDermott with a 'cease and desist' letter, and threat of a lawsuit if production of the unauthorized HD cues were not stopped, post-haste.
As we all now know, McDermott did in fact sign a licensing agreement with HD, and one of it's most successful lines of cues was born.
I can tell you, HD is extremely aggressive about protecting not only their name, but the Bar & Shield, as well as, the #1 logos as well...and it goes well beyond that! They actually have people on staff, whose job it is to peruse sites like eBay for any listings of motorcycles that are not completely HD from top to bottom...if you change out the transmission or engine to aftermarket, then according to HD, that bike is no longer an HD, and they will have the auction pulled. I cannot tell you how many times I have seen this happen...auction pulled within 24 hours close with heavy bidding taking place. There have been many a pissed off seller that this has happened to.
So, you see....some companies will take action, no matter how small the 'infringement' might be.
There are different ways to take some of the existing inlay designs of old, and to make them new and interesting again. A recent example I can think of off the top of my head would be a cue in the Gallery recently displayed where the cuemaker took Tiffany diamonds and notched them...looked very, very cool.
Now, your more standard dots, diamonds, and notched diamonds where actually appropriated from musical instrument manufacturers. But, you can do things with peacocks and propellers that can change the look entirely...all one needs to do is to use their imagination.
Lisa
Purdman
Banned
Info
There is a cue dealer here on Az that presented a design to a cue maker. The cue was finished and delivered and put on the web page. Joe Gold saw his design and notified the cue maker. Cue maker got the cue back and made a different cue for said dealer. Joe Gold may patent his designs. Said cue maker made two of them. One is in a safe and the other is his playing cue. FACT!
Purdman
There is a cue dealer here on Az that presented a design to a cue maker. The cue was finished and delivered and put on the web page. Joe Gold saw his design and notified the cue maker. Cue maker got the cue back and made a different cue for said dealer. Joe Gold may patent his designs. Said cue maker made two of them. One is in a safe and the other is his playing cue. FACT!
Purdman