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Thread: Legal Question

  1. #1
    Eruption
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    Default Legal Question

    Is it legal to give away a trademark/copyright protected material or items as prizes?
    I'm accused all the time of making and selling Van Halen Guitars and it comes from a pathetic few builders that obviously don't have enough confidence in their own work to run there business based on there skills. I know I can't sell these guitars and I don't want to anyway, but I was wondering something. Can I give them away to my customers? Simply draw a name from my customer database and give them a guitar? Would this be legal?
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    Quote Originally Posted by DivebombInc View Post
    Is it legal to give away a trademark/copyright protected material or items as prizes?
    I'm accused all the time of making and selling Van Halen Guitars and it comes from a pathetic few builders that obviously don't have enough confidence in their own work to run there business based on there skills. I know I can't sell these guitars and I don't want to anyway, but I was wondering something. Can I give them away to my customers? Simply draw a name from my customer database and give them a guitar? Would this be legal?
    I'm not a legal mind but as long as your not profiting off of it....I wouldn't see what the problem was...
    My man, when you are fantasizing, don't go for attainable, you can get attainable at the local Applebee's. - Dave's Dreidel

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    My gut says it's technically NOT illegal (not making any $$$ on it) - BUT - that wouldn't stop Ed's lawyers from threatening legal action. They could argue you could be benefiting by making a name for yourself and driving new business your way, while using Ed's trademarks as a promo tool.
    Sings like a bird. Rocks like a pig.

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    Eruption
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    That's what I'm thinking too. I really don't care about threats so that doesn't worry me; I do however want to keep my business legal and as trouble free as possible. Pulling a name from my customer list and giving them something for free doesn't seem over the line to me.
    Maybe I can do it minus the paintjob and then I'm for sure legal.
    Last edited by DivebombInc; 11.14.07 at 10:55 AM.
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    Eruption
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    You know what, just to stay on the legal side for sure I'm going to give it away painted black only. Now I have to figure out how to make it fair.
    I'm going to give away a Beak Neck Monster like this one except I'm only going to paint it black.
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    Eruption rolsguitars's Avatar
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    Quote Originally Posted by DivebombInc View Post
    Is it legal to give away a trademark/copyright protected material or items as prizes?
    I'm accused all the time of making and selling Van Halen Guitars and it comes from a pathetic few builders that obviously don't have enough confidence in their own work to run there business based on there skills. I know I can't sell these guitars and I don't want to anyway, but I was wondering something. Can I give them away to my customers? Simply draw a name from my customer database and give them a guitar? Would this be legal?

    Heh,

    Welcome to what used to be my world ;-)
    As you may or may not know I was the first to recieve the Cease letter from
    Michelle Cooke at Neff Law firm via request of Barb Paige. Anyway I had several discussions with her and she told me flat out that I could give them away but not sell them, that again was what she *said* it was not in writing
    and actually I think recently laws have changed on copyright and Intellectual property laws.
    You ever read those FBI warning before a movie starts ? they now make it clear that copying transmitting yadda yadda yadda
    is illegal with or without monatary gain. if you paint it black or I suggest leave it clear they can't do squat either way.
    hope this helps .

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    Eruption
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    Great info from a Veteran! Thanks RolsGuitars! Black or clear and I'm good.
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    5150 C5150's Avatar
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    Quote Originally Posted by DivebombInc View Post
    Great info from a Veteran! Thanks RolsGuitars! Black or clear and I'm good.
    Pick me! Pick me! I'll do the finishing!
    I've recieved the Cease letter from Michelle Cooke, and Rol is 100% correct black, and don't look back!
    I'm almost finnished with my Franky Fender style, hope to post pics when finished! I just need to get a pick guard from you! I ordered reflectors, and a neck plate from Frankenstraat over a month ago, and still nothing! Maybe I'll just get them from you, you didn't have them at the time!

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    i say take a cue from ticket scalpers; offer a bic lighter for some outrageous price and throw in the guitar for nothin'!!!! by the way, i'll take it finished or not. i have a squire that i'm gonna butcher in the next month or so, and this would give me a great jump! the guitar pictured(jump video version) is the one i'm after. thanks, mike in k.c.

  10. #10
    Eruption
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    Quote Originally Posted by C5150 View Post
    Pick me! Pick me! I'll do the finishing!
    I've recieved the Cease letter from Michelle Cooke, and Rol is 100% correct black, and don't look back!
    I'm almost finnished with my Franky Fender style, hope to post pics when finished! I just need to get a pick guard from you! I ordered reflectors, and a neck plate from Frankenstraat over a month ago, and still nothing! Maybe I'll just get them from you, you didn't have them at the time!
    I have loads of reflectors in stock now and I'm going to figure out the neckplate situation.

    I thought about it and this is what I'm going to do. Every quarter I'm going to build a guitar and give it away to a customer for the hell of it. Not a contest and not advertized; just a givaway. That way nobody is entering and it's not under any contest guidelines. I can gift anything I want whenever I want. It'll just arrive on someones doorstep end of story.
    Divebomb, Inc.
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    LOOKING FOR PARTS FROM ALLPARTS? I HAVE THEIR ENTIRE CATALOG AT 10-15% OFF!!! sales@divebombinc.com

  11. #11
    Good Enough
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    Quote Originally Posted by mikeinkc View Post
    i say take a cue from ticket scalpers; offer a bic lighter for some outrageous price and throw in the guitar for nothin'!!!!
    People constantly try that on eBay with very little to no success.

    Though I've never tried it, I would think your best bet when dealing through places like eBay, would be to list a very detailed description and simply say "email me for pics".

    IMO, anyone looking for an EVH replica should be able to know the caliber by reading the description and should be well aware and appreciate why there are no pics.

    Anyone know first hand if this works?

  12. #12
    Eruption LeftyVanHalen's Avatar
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    Hey Kyle!

    Is this only going to existing customers? If so, I'll be on the lookout for mine!Make sure it's a lefty though!!



    Quote Originally Posted by DivebombInc View Post
    I have loads of reflectors in stock now and I'm going to figure out the neckplate situation.

    I thought about it and this is what I'm going to do. Every quarter I'm going to build a guitar and give it away to a customer for the hell of it. Not a contest and not advertized; just a givaway. That way nobody is entering and it's not under any contest guidelines. I can gift anything I want whenever I want. It'll just arrive on someones doorstep end of story.

 

 

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