My new silver crest!! LOL (HWFMR guys look here)
03-07-2004, 09:02 AM
#1
Addict
Rennlist Member
Rennlist Member
Thread Starter
Join Date: Sep 2002
Location: Manhattan
Posts: 1,414
Likes: 0
Received 0 Likes
on
0 Posts
My new silver crest!! LOL (HWFMR guys look here)
I think I'll make this into a sticker and use it as my crest on the carbon hood. Wonder if anyone will notice its different.
03-07-2004, 10:42 AM
#4
Former Vendor
Join Date: May 2002
Location: Tampa
Posts: 6,849
Likes: 0
Received 0 Likes
on
0 Posts
Very Nice.
Be careful, you could receive letters from both Porsche and the HWFM racing team for using their logos without proper authorization. I hear that the HWFM team even has more lawyers than Porsche.....
Be careful, you could receive letters from both Porsche and the HWFM racing team for using their logos without proper authorization. I hear that the HWFM team even has more lawyers than Porsche.....
Trending Topics
03-08-2004, 12:08 PM
#9
Lifetime Rennlist
Member
Tech-Law
Just curious.
If he is not selling them, and is not using them in a commercial venture, and Princeton claims it is an artistic expression (ie Andy Warhol's Campbell soup cans), would he still have infringement issues?
TIA
Just curious.
If he is not selling them, and is not using them in a commercial venture, and Princeton claims it is an artistic expression (ie Andy Warhol's Campbell soup cans), would he still have infringement issues?
TIA
03-08-2004, 07:04 PM
#10
Pro
Join Date: Jun 2003
Location: Westchester, NY
Posts: 668
Likes: 0
Received 0 Likes
on
0 Posts
Warning: OT Clarfication
Warning: OT Clarfication. Risk of boredom is high.
Sorry if I concerned anyone. At the risk of causing everyone here to fall into a deep sleep ... maybe I should clarify my remarks.
Trade dress involves using a confusingly similar look and feel to your product or its packaging such that the average consumer is likely to be confused with it's origin. A typical example might be using a logo or design which is confusingly similar similar to the McDonalds "golden arches" for your new budget restaurant. Not really applicable here since there is no commercial nature to Poorboy's (PB) use of the Porsche logo and no consumer would likely be confused. If PB tried to sell a brand of track day cars using the logo he would likely be open to a claim for trade dress infringement - among other things.
Conversely, with a claim for trademark dilution, there is no need to prove a likelihood of confusion to protect a mark. Instead, all that is required is that use of a "famous" mark by a third party causes the dilution of the "distinctive quality" of the mark. This might apply to PB's use of the Porsche crest but probably does not dilute the porsche trademark since it's subject to a specific legislative exception - it's noncommercial nature.
My apologies to all on my earlier attempt at humor.
Sorry if I concerned anyone. At the risk of causing everyone here to fall into a deep sleep ... maybe I should clarify my remarks.
Trade dress involves using a confusingly similar look and feel to your product or its packaging such that the average consumer is likely to be confused with it's origin. A typical example might be using a logo or design which is confusingly similar similar to the McDonalds "golden arches" for your new budget restaurant. Not really applicable here since there is no commercial nature to Poorboy's (PB) use of the Porsche logo and no consumer would likely be confused. If PB tried to sell a brand of track day cars using the logo he would likely be open to a claim for trade dress infringement - among other things.
Conversely, with a claim for trademark dilution, there is no need to prove a likelihood of confusion to protect a mark. Instead, all that is required is that use of a "famous" mark by a third party causes the dilution of the "distinctive quality" of the mark. This might apply to PB's use of the Porsche crest but probably does not dilute the porsche trademark since it's subject to a specific legislative exception - it's noncommercial nature.
My apologies to all on my earlier attempt at humor.
03-08-2004, 07:21 PM
#11
Lifetime Rennlist
Member
Thanks, Tech law
No apologies necessary. I thought they were meant in jest, but figured there could be some truth to it.
I know PAG and PCNA are quite dedicated to protecting their trademarks.
I appreciate the clarification. And not boring at all.
No apologies necessary. I thought they were meant in jest, but figured there could be some truth to it.
I know PAG and PCNA are quite dedicated to protecting their trademarks.
I appreciate the clarification. And not boring at all.
03-09-2004, 12:21 AM
#12
Addict
Rennlist Member
Rennlist Member
Thread Starter
Join Date: Sep 2002
Location: Manhattan
Posts: 1,414
Likes: 0
Received 0 Likes
on
0 Posts
Re: Warning: OT Clarfication
Originally posted by Tech-Law
My apologies to all on my earlier attempt at humor.
My apologies to all on my earlier attempt at humor.
03-09-2004, 12:54 AM
#13
Addict
Rennlist Member
Rennlist Member
Princeton,
If you "mistakenly" make a few too many and "by chance" end up at the TWS Club Race, a "freak" wind might blow one or two of them onto my car. Because you were so distressed by this "accident", I'd have to buy you lots of beer to calm you down. No court could possibly hold you accountable for such "acts of nature" and "pure dumb luck"... Hey, it could happen...
If you "mistakenly" make a few too many and "by chance" end up at the TWS Club Race, a "freak" wind might blow one or two of them onto my car. Because you were so distressed by this "accident", I'd have to buy you lots of beer to calm you down. No court could possibly hold you accountable for such "acts of nature" and "pure dumb luck"... Hey, it could happen...
