Hi I am an using your trademark hope its ok

[sweetts]

A friend of mine owns a gymnastics studio, today a lady comes in with his logo on a hoodie done in rhinestone. He asked if she made it and the lady tells him no I got it from this place online. Turns out this site has an entire page on their site with nothing but his gyms logo on it. So he calls and asks what she is doing, she says oh sorry but a lot of people go to your gym and its a great logo I was hopping you wouldn't mind but if its a problem I won't sell your stuff anymore.  Have you ever heard of people doing this? I couldn't believe it.


RT Screen Designs
www.rtscreendesigns.com

[blue moon]

I would push for part of the profits, and push pretty hard so she learns a lesson.
'would also set a precedent for anybody else thinking they could get away with it.

pierre

[broadway]

Whoever owns the mark has to defend it or anyone can use it. I would suggest contacting the defender with a ceasae and desist letter. That way you will have a paper trail. She might admit to infringing right now but that can change at any moment. Another option is teaming up with her or another party to supply the product.

[ebscreen]

Zazzle, CafePress, etc, have been doing this for years.

Usually it's the big semi-recognizable companies that get their toe's stepped on,
but I guess it's not surprising it's coming down the ladder.

[jsheridan]

2 options..

Cease and desist

Or

Agree on a % of the profit

[royster13]

Is this a "registered" trademark?.....

[blue moon]

Is this a "registered" trademark?.....

don't think it matters. any art belongs to the creator unless licensed or the ownership was released in some way. It might be easier to enforce the registered trademarks, but it should stand on it's own as art.

pierre

[ScreenFoo]

I was just going to mention it would be much more likely to go on copyright law than trademark law--your trademark is to keep other people from making marks similar to yours in the same trade--i.e. someone starts a gym and rips off their logo, that would be 'diluting' their mark.  This is just out and out graphic theft...

Take it in a different medium and context it sounds even more ridiculous--
"I really liked your video game, so I started selling copies online--That's cool, right?"
"Hey, I like the songs you play, so I started selling CD's of them.  Hope you don't mind."

Sounds to me like someone is not realizing the irony of their 'playing dumb'.
 

[sweetts]

I told him to send a letter, then go file in at least small claims court. The kicker is we have been discussing more things to offer people and his wife is like hey can you do rhinestones like she did. I wonder what she was thinking, obviously the people buying the stuff would be involved with the gym and they would see it.


RT Screen Designs
www.rtscreendesigns.com

[royster13]

don't think it matters. any art belongs to the creator unless licensed or the ownership was released in some way. It might be easier to enforce the registered trademarks, but it should stand on it's own as art.

pierre

Would a rhinestone "interpretation" be different enough to actually not be a copyright issue?....

However, I suspect most businesses would stop doing it  if they received a "cease & desist letter".....