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#1
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Trademark question for anyone with law knowledge
I'm taking a music course in college, and one of the things we have to do next semester (I think) is produce a business card for future use, and we need to have a logo. I've been thinking of using my display picture that I use on here, but wanted to know if that would cause any problems (Copyright infringement or something). I was also considering using that in the top left, and a Bongo head in the upper right, just in case the Bongo head would be different from the Stingray...
Thank's for any help you guys can provide.
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Stingray 4H White, Black Pickguard, Rosewood Born On Oct 30, 2008Bongo 4HH Lava Pearl, Vintage Pearloid Pickguard Born On April 14, 2005 |
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#2
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Both, the 3+1 machine heads and the Bongo design are trademarked.
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StingRay Collection Essentials MarkBass F1, SansAmp RBI, MarkBass Standard 104HR; Minimark Holding down the bottom end for Skaramouche |
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#3
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I'm all about protecting trademarks and copyrights and at first glance, oli appears to be correct. I'm not sure that EBMM would grant you permission to use their copyrighted material for a business card, especially since the purpose of a business card is to solicit business for profit. Using copyrighted material without permission from the copyright owner is against the law. However, I'm not sure that using an IMAGE of a trademark is against the law. If you were to build a bass that was the same design as a Bongo and try to sell that, you would be in the wrong. Companies make knock-off products all the time by changing one or two details of a well known product and marketing it as their own. Some get away with it; others get sued.
If you were to take a picture of a Bongo and put it on a business card to solicit music lessons, I'm not sure (this is my opinion- I'm not a lawyer, but I really DID stay at a Holiday Inn Express Tuesday night!) you would be breaking the law or infringing on EBMM because you would not be using their property to deny them business rightfully due them. If you were to use a copyrighted image supplied by EBMM on their website and put it on your business card without permission, you would be in the wrong. Where did you get your avatar image? Does it belong to EBMM? That will answer your first question. Where are you getting your Bongo head? Does it belong to EBMM? That will answer your second question.
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EBMM Bongo 5HH Olive Gold/gold swirl EBMM 25thff 4HH Venetian Red BFR RW EBMM Bongo 5HH 215-01-13-01
Last edited by DaddyFlip; 11-20-2009 at 08:45 PM. |
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#4
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That also depends on the type of a trademark (image, word) and under what categories (e.g. services, music, musical instruments) a trademark is filed.
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StingRay Collection Essentials MarkBass F1, SansAmp RBI, MarkBass Standard 104HR; Minimark Holding down the bottom end for Skaramouche |
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#5
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Instead of speculation by all of us non-lawyer types...best person to answer this is Wonderdog. I really have no idea to be honest and my opinion may get you in trouble...haha
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"Welcome to the addiction!" is now patented by Koogie2k......if used by anyone other than Koogie2k....you must mail him a US nickel for each time said/typed or signed....... A WISE AND RESPECTED MAN TOLD ME: "Do something nice for someone everyday. Don't let your head hit the pillow until you do something nice for someone each day." I hope I don't let him down. MY BAND www.myspace.com/faceplateritual - add us and leave a comment!! www.myspace.com/painsorrowrecords - our label |
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#6
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Correct. Using it in connection with a music business would be trading on the reputation of EBMM by association. It may imply some connection with the company to a consumer. Why don't you make up your own headstock design?
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WONDER DOG MY MUSIC: http://www.famecast.com/backstage/ar...rtist_id=25154 20th Silo, w/trem, Koa top JP6 in Graphite Pearl Last edited by GHWelles; 11-21-2009 at 10:19 AM. |
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#7
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being an arse I know but what about a 4+1?
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#8
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Do you mean that he might actually have to do some work for his class...
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A kinder, gentler collection... |
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#9
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bovinehost: Yes, I do agree with that, but if there's nothing wrong then there's nothing wrong. Beth: I would compare Bongo to Tommy Lee Jones. Bad a$$ and just hot in a weird way... Bongo 5 HH, Envy Green Bongo 5 HSp, Blue Dawn (On vacation with Duarte in GB) Bongo 5 H, Blue Pearl (En route to casa Strummer) Bongo 5 HH, Black w/ rosewood neck StingRay 5 H, Flame 20th Anniversary mhs Heinz The Wonder Bass |
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#10
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If it is just for educational use, why don't you just ask EBMM whether you can use the images? Just an Idea....
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http://www.myspace.com/crapstarpunkrock bassic profile SR4 H black/rw since 1992 2009 Big Al SSS Olive Gold / Gold swirl 2009 SR5 HH bfr tobacco burst / all rw neck 2008 Bongo 5 HH egyptian smoke / phyton |
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#11
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Quote:
//J
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ô¿ô -Mobilis in mobil- Fretted and fretless 4-string 30th Anniversary Stingray´s. Fretted 4-string 20th Anniversary Stingray x 2. Fretted and fretless 5-string 20th Anniversary Stingray´s. Fretted 5-string Trans Black 20th Anniversary Stingray. Fretted 4-string Silver Sparkle -01 Stingray. Fretted 4-string trans orange -06 Stingray. |
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