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Do licensing laws/intelluctual property rights apply to trash? Example; liquor bottles- once they are emptied, they are thrown out. If someone were use the emptied bottles for something with the existing label of the liquor brand on them (like artwork/craft-type stuff), are they liable for damages?
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It is amazing how creative people come up with recycling ideas. I've thought of several myself, but have narrowed the field down to one fine choice: a collage of powdery Dorito goodness on a Boone Farm bottle, photoshopped to an orangey glow?
Flea markets, brace yourselves : ) |
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It seems like a gray area and naturally not something worth risking if you're battling companies with deep pockets and teams of lawyers. without getting into details, we had contacted a company directly about using their trademark & getting licensing, they said they couldnt give us licensing right now (for a variety of reasons), we explicitly said okay & that we would continue to work on our business plan (as we were two guys working out of our apartments), they agreed that was fine, then months later we got a demand letter from a 3rd party company representing them (they basically are contracted by the brand to search/protect their label) for trademark infringement. |
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You would think that trademark/intellectual property laws would clearly state how long/what form they are applicable (i.e. until the product is used for its intended use, until the product is destroyed, indefinitely). |
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Does NOT having the logo on their somehow detract from what you are making? |
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I'm willing to bet that the difference between them selling & not is the logo/brand of the 'used' item. thank you for your help. |
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Perhaps there is the grounds for their position. If their copyrighted name adds value to your item, then you are, in a sense "profiting" from the use of their name. |
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