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Old 10-23-2008, 04:55 PM
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Brainiax
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Default Logo's And Copyright Protocol......

Hi Guy's, I'm not sure if this is the right place for this but here goes........I'd like to take a large Yak ARF (1/4 scale) and add graphics and lettering, design my own scheme using them and fly it. The thing is though, it might be a delicate issue if the owner of the logo/product name doesn't give me permission first. The idea is to make a Nissan plane, complete with their logo and of course the name. I happen to an be owner and enthusiast of Nissan trucks. Here is my website: www.nissanoffroad.net

Question is, do you folks think I need to obtain permission before I tackle this endeavor? What do you guy's think. I think it would be pretty cool but I want to do it right and cover all the bases. Thanks!!
Old 10-23-2008, 05:09 PM
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carrellh
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Default RE: Logo's And Copyright Protocol......

I am not a lawyer. If you are not using it for commercial gain I think it's OK. And, they get free advertising.
Old 10-23-2008, 05:25 PM
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Default RE: Logo's And Copyright Protocol......

Correct. As long as you do not portray them in a bad way and do not use it for profit, you may use anyone's logo on your plane.
Old 10-23-2008, 07:42 PM
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Default RE: Logo's And Copyright Protocol......


ORIGINAL: MinnFlyer

Correct. As long as you do not portray them in a bad way and do not use it for profit, you may use anyone's logo on your plane.
Wouldn't it be nice if that were true! Unfortunately, US trademark law says that if a company doesn't defend their trademark against any and all "infringements", they can lose it. And using a logo, color scheme, product name etc. on a model airplane, or anything else that is not specifically licensed by the trademark owner is an infringement.

So the answer is, don't ask, just do it. If you ask, they will have to license you (which will cost both you and Nissan a lot more than either of you will be willing to spend) or turn you down so that they don't risk losing their trademark. On the other hand, if you just do it, and keep a low profile, the chances of them finding out about it and chasing you down will be slim to none.

Just make sure you don't get a picture of your Nissan model in any magazines.

Jim

Old 10-23-2008, 07:49 PM
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Default RE: Logo's And Copyright Protocol......

Yep. I agree with jrf - Just do it. They probably have much bigger fish to fry than a guys that wants to put a Nissan logo on his plane becasue he likes them. If they catch up with you - which is highly unlikely, plead ignorant and pull the stickers off. It's not like your dumping on them or bashing there product. If they take offense, tell them to stick it and buy a Toyota instead
Old 10-23-2008, 09:14 PM
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Default RE: Logo's And Copyright Protocol......

I'm not a lawyer but I stayed at a Holidan Inn last night (actually, I didn't even stay at a Holiday Inn!).

Probably, leagally, if Nissan wanted to, they could stop you from using the logo if they found out and felt like ordering a "cease and disest." But realistically, nobody high enough up the ladder would find out and if they did, probably wouldn't care because you're small peanuts and not making a profit off the logo. You're not even on the radar. And worst case cenario, somebody finds out, they tell you to take off the logos, and you take them off. It's a non-issue.

Faghetabahtit.
Old 10-23-2008, 10:27 PM
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Default RE: Logo's And Copyright Protocol......

If you are buying decals or peel n stick logos, I don't see it as being a problem. I would guess Nissan or their racing teams probably sell those at the race tracks where they run. If they sell them, they surely anticipate they will be placed on something. If you are copying and creating the logos/decals yourself, that may be different. Just my $.02,
Old 10-23-2008, 10:36 PM
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Default RE: Logo's And Copyright Protocol......

I think its honest and the right thing to inquire at least,shows you have some morals and care.
I think the above statements are probably true and OK to follow.Nissan should thank you, if anything
Old 10-23-2008, 10:59 PM
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Default RE: Logo's And Copyright Protocol......

Why not just contact the local Nissan dealer. They will probably say "fine" or at least call corporate for their blessing. On of our clubmembers wanted to make a "BoJangles Chicken 'N Biscuits" Extra 300. He talked to the local Bo J's manager, who contacted their powers-that-be. They were thrilled to get the free advertising. His plane looks cool as heck.
Old 10-24-2008, 05:14 AM
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Default RE: Logo's And Copyright Protocol......

Thanks very much for all the great replies. They make sense and shed some light on how to proceed. I think I just may give this a try and maybe drop a note to corporate via e-mail and see what kind of feedback I get. I plan on doing this as a winter project and will probably start a build thread so stay tuned.
Old 10-24-2008, 06:19 AM
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Default RE: Logo's And Copyright Protocol......

They should appreciate the free advertising, as long as you are not doing anything with the model that shows them in a bad light. There are much more important things to worry about.


Ed Cregger
Old 10-24-2008, 11:42 AM
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jrf
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Default RE: Logo's And Copyright Protocol......

Large companies like Boeing and Nissan have one or more lawyers in their Legal Departments whose full time responsibility is the licensing and protection of their many trademarks. Your email to corporate will go to the licensing office. Not the advertising department.

LSF2298 has a good point, though. If you are just using stickers that are available on the open market, those stickers are already licensed and you don't even need to ask.

Jim
Old 10-24-2008, 12:39 PM
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Default RE: Logo's And Copyright Protocol......

As long as you aren't doing anything commercially or negative with their trademark, I can't see them bothering you.

The wife and I own a business with several registered trademarks. We're not about to sue anyone that is not using our trademarks commercially or negatively.


Ed Cregger
Old 10-24-2008, 12:42 PM
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Default RE: Logo's And Copyright Protocol......


ORIGINAL: jrf

LSF2298 has a good point, though. If you are just using stickers that are available on the open market, those stickers are already licensed and you don't even need to ask.

Jim
I was going to design my own. I don't have existing ones.
Old 10-24-2008, 12:45 PM
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jrf
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Default RE: Logo's And Copyright Protocol......

If you do contact Nissan, please let us know what their response is. I'm sure a lot of us would like to know.

Jim

OBTW, do you have a license to use their name on your website? If you don't, you might want to think twice about contacting them, or at least be very careful about what you tell them.
Old 10-24-2008, 06:47 PM
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Default RE: Logo's And Copyright Protocol......

ORIGINAL: jrf

If you do contact Nissan, please let us know what their response is. I'm sure a lot of us would like to know.

Jim

OBTW, do you have a license to use their name on your website? If you don't, you might want to think twice about contacting them, or at least be very careful about what you tell them.
Yep, we've been around for 8 years now and I think Nissanoffroad.net is considered one of the best, most informative and professionally run Nissan sites on the web. We even have backing from Nissan Sport magazine where one of our trucks is featured every issue. Mine was in the first issue.....
I will let you folks know how I make out. It shouldn't be a problem but if I fly it at AMA events,......well, you never know. Prolly not a problem though.
Here's my truck:
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Old 10-25-2008, 01:32 PM
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Default RE: Logo's And Copyright Protocol......

Nice truck; I'm a Toyota guy myself. But lets not get into that now.

What all you guys are saying makes sense about getting permission and licensing etc. I was wondering how do the graphic cutters get away with selling logos from different manufactures. You can contact some if not most of those cutters and tell them the size plane you have and what company logo you want and they cut your graphics to fit.

I can't see them paying all those companies thousands if not millions to get licensed to sell the logos. But they have to have some sort of protection so they can sell them to us for $60 or $100. Not trying to stop them because I am planning on doing one myself pretty soon. But I'm going with a Toyota theme .

Brainiax post a pic of your plane when you're done. I'm sure it will look kewl.

Old 10-25-2008, 08:58 PM
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Default RE: Logo's And Copyright Protocol......

Yeah I would at least email nissan corporate and get the go ahead . I did this when i lived in florida near pompano.Remember the "PAC" logo? that is pompano air center in pompano beach florida.they actually provided me with the correct logo in the kinda squarish lettering they used.It was fun to be proud that it was oked by corporate!!!!even got a notary public letter to go with it!!!!
Old 10-26-2008, 09:15 AM
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chashint
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Default RE: Logo's And Copyright Protocol......

As Nike would say 'Just do it'
Old 10-26-2008, 04:39 PM
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Default RE: Logo's And Copyright Protocol......

Go all the way and ask for a sponsership!
Old 10-29-2008, 03:08 PM
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Default RE: Logo's And Copyright Protocol......

I emailed them 2 days ago and still no reply. I bet they laughed at me......the *******s.............. If I don't hear from them, I'm going forward with it. I hope you guy's don't mind me asking for input on the plane/scheme. Thanks.
Old 10-29-2008, 03:09 PM
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MinnFlyer
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Default RE: Logo's And Copyright Protocol......

They have more important things to do.

Just do it
Old 10-29-2008, 05:34 PM
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Roary m
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Default RE: Logo's And Copyright Protocol......

I have a good one for you: G.M. drops the Oldsmobile line, and forgets to keep the copyright up on the name 'Oldsmobile'. Somebody in the office(G.M. or U.S. copyright location, I don't know), but they tip off Toyota and guess who now owns the Olds name?
Old 11-06-2008, 10:44 PM
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Whirley Bird
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Default RE: Logo's And Copyright Protocol......


Got a strange post today from my E mail to my E mail address
Someone playing games?
~~~>Subj: (no subject)
Date: 10/23/2008 4:15:03 PM Central Standard Time
From: SearchNRescue4
To: SearchNRescue4



Hi Guy's, I'm not sure if this is the right place for this but here goes........I'd like to take a large Yak ARF (1/4 scale) and add graphics and lettering, design my own scheme using them and fly it. The thing is though, it might be a delicate issue if the owner of the logo/product name doesn't give me permission first. The idea is to make a Nissan plane, complete with their logo and of course the name. I happen to an be owner and enthusiast of Nissan trucks. Here is my website: www.nissanoffroad.net

Question is, do you folks think I need to obtain permission before I tackle this endeavor? What do you guy's think. I think it would be pretty cool but I want to do it right and cover all the bases. Thanks!!



NO NAME
Old 11-07-2008, 09:25 AM
  #25  
Thomas B
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Default RE: Logo's And Copyright Protocol......

Well, I have to admit I put the Fedex logo and colors on a model (Multiplex Sonic Liner) nearly 5 years ago and have been flying it regularly at events since then. I never asked permission.

No one cares, except for the occasional Fedex employee who thinks it is pretty cool.

I would decorate the model as you wish and let the chips fall where they may. At worst, they MIGHT tell you to not do it when they find out about it and I personally think your odds of winning the Powerball lottery are better than the odds of Nissan ever saying anything about it.


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