How To Handle Requests For Trademarked items

[urbnsr]

Hey, how do you handle requests for items that are probably trademarked, or licensed?

Someone is making a game for themself and would like a college emblem cut onto the top of this. If it's a one-time job and not a production run for resale purposes, do you take the job? Same with a car manufacturer's emblem.

Thanks for your opinions.

Paul

[harryn]

I am not sure if you are responsible for what you make or not, since they are the customer. It seems like if they "sell it", then the problem is theirs, not yours. Not sure.

The simple way would be to have some kind of standard "customer approval form" that needs a signature. Include in it a statement that the customer agrees that they own the rights to have their item produced by you, and take all responsibility for obtaining those rights, as needed. It does not need to be onerous, just something to cover you.

Just bury the text in a larger sign off document / order form / payment agreement that the customer signs.

Harry

[txcncman]

I would ask myself am I really making enough money off of it to make it worth my while, both for my time and for the possible legal repercussions. It is easy enough for a customer to request use of a logo, etc. Usually only takes one letter. Why won't they do it? Because they know they will be denied more often than not. I would just stay away from these kinds of activities. C.Y.A.

[keebler303]

It's risky business at best. You cannot use trademarked material for commercial gain without consent. As you are the one actually replicating the trademarked work, you would be responsible. It may be possible to have some type of disclaimer about the rights but I'd say the lawyers may still get you. If you want to deal in trademarked merchandise, there are several "clearing houses" online that provide various licensing schemes to smaller outfits. A google search should return some useful sites.

Matt

[urbnsr]

Thanks for the replies, Gents. They help me to think this through. I really don't need to get in trouble, but was wishing it would fall on the customer (who requested the design) and I like Harry's idea of a customer sign-off form. I was also thinking that if the customer doesn't sell it and I don't charge any extra above my normal cut charges, it wouldn't be an issue.

I just can't risk it... Thanks again.

PK

[harryn]

Questions like this routinely come up in running a business. It is a good idea to pick a local atny that can answer small questions by email, even if it costs you a little bit.

There is a local one here that I use for various items, also has become a friend of mine over time.

For a few $s, you could potentially take that order, or know when to run. If you have used legal advice to make a business decision and make that part, it is hard to believe that would not protect you at least somewhat from a serious issue.

[WILLIAMOREN]

Hello everyone, I am a new member of this platform. I have joined this community for getting required information about licensed products.