Meguiars Garage Signs?

[BlueZero]

Re: Meguiars Garage Signs?

Yes it is if your just using it for your personal use. Your not selling it, even so I think you can sell an image just not use the name or image.

Interesting! However I'm still not 100% sold. This would mean I could have my own Nike shirts printed as long as they where for personal use? I think you may have confused fair use and fair use of a trademark. I believe trademark use is much more restrictive.

With that said, I'm not an expert on the subject. Just trying to learn.

[Maserati Mario]

Re: Meguiars Garage Signs?

Yes you can make what ever you want for yourself.
These law are in place to prevent you from profiting from the use.
You by yourself can do what ever you want with anyones TM, as long as your not using it for profit. So go make your own Nike shirt and ware it proudly!

Fair use (U.S. trademark law)
...The fair use defense in trademark law is not precluded by the possibility of confusion, according to the U.S. Supreme Court in 2004.^[1] However, courts may consider the possibility of confusion in analyzing whether a use is fair or not. Intent to sow confusion is also relevant; hence, the general rule that no more of the trademark should be used than necessary for the legitimate purpose. For instance, use of a word mark is preferred to a logo, and a word mark in the same style of type as surrounding text is preferred to a word mark in its trademarked distinctive type.

[BlueZero]

Re: Meguiars Garage Signs?

Learn something new everyday!

I'll put the bat away now...

[Maserati Mario]

Re: Meguiars Garage Signs?

No worries mate
no bat, just debating

[ColonelCash]

Re: Meguiars Garage Signs?

Safest way to go would be to place a order at ADS. Thats how I got mine.

Isn't the magic number for a Megs banner around $750 at ADS?

[J. A. Michaels]

Re: Meguiars Garage Signs?

Somewhere in that neck of the woods. Yes.

[maarten22]

Re: Meguiars Garage Signs?

For one order or together? Because I'm way over this amount at Rick

[sstg]

Re: Meguiars Garage Signs?

Isn't the magic number for a Megs banner around $750 at ADS?

I spent a little more than that.

[3Fitty]

Re: Meguiars Garage Signs?

Yes you can make what ever you want for yourself.
These law are in place to prevent you from profiting from the use.
You by yourself can do what ever you want with anyones TM, as long as your not using it for profit. So go make your own Nike shirt and ware it proudly!

Fair use (U.S. trademark law)
...The fair use defense in trademark law is not precluded by the possibility of confusion, according to the U.S. Supreme Court in 2004.^[1] However, courts may consider the possibility of confusion in analyzing whether a use is fair or not. Intent to sow confusion is also relevant; hence, the general rule that no more of the trademark should be used than necessary for the legitimate purpose. For instance, use of a word mark is preferred to a logo, and a word mark in the same style of type as surrounding text is preferred to a word mark in its trademarked distinctive type.

Yes, I know the fair use rules quite well, but you are completely wrong with regards to thinking you can just bring a print of Megs banner, put it up in your garage and use it, and I'll tell you why...

Because you are a detailer (even recreationally) and because you probably detail at or near the use of the sign, the implication is that you are somehow affiliated with Meguiars. Without their permission, you cannot (even by implication) hold yourself out to be a "Meguiars detailer". The banner *might* suggest that you are affilliated with the company.

Second problem is that the "fair use" doctrine was primarily a result of the need to be able to criticize and "copy" certain text in the arena of scholastic criticism or education.

Copyright cases, as I understand them, are tipped way in the favor of the copyright holder, not the defendant. If the plaintiff can show that the material being used is "copyrighted", the burden shifts to the defendant to prove it somehow falls into one of the small exceptions (like fair use).

Frankly, I don't see how this would, unless Meguiars was to give explicit permission that you could do what you are doing.

[J. A. Michaels]

Re: Meguiars Garage Signs?

It is for one order. I know that is a lot. But I waited and when I reached the magic number I pulled the trigger on the order. The money would have been spent on product anyway. The hard part was not dipping into the money until I placed the order.

[Maserati Mario]

Re: Meguiars Garage Signs?

but you are completely wrong with regards to thinking you can just bring a print of Megs banner, put it up in your garage and use it, and I'll tell you why...
Because you are a detailer (even recreationally) and because you probably detail at or near the use of the sign, the implication is that you are somehow affiliated with Meguiars.

I agree.
But, I'm talking about personal use

The minute you start using it for profit it's not personal use anymore, thus breaking the law.

You can print up anything and put it on your wall and not break the law.
Your not breaking any law because your not "using" it, just "viewing" it in the privacy of your own home.
Kinda like taping a football game, your aloud as long as your not profiting from it.

[Andrew C.]

Re: Meguiars Garage Signs?

Isn't the magic number for a Megs banner around $750 at ADS?

Is it? I had an order around about 800 and I got one, so it could make sense. Where did you get that figure?

[3Fitty]

Re: Meguiars Garage Signs?

I agree.
But, I'm talking about personal use

The minute you start using it for profit it's not personal use anymore, thus breaking the law.

Well, let me ask you this. Suppose I set up an "informational booth" in front of my house, using the Meguiars logo, banners and some of their promotional material.

I wasn't selling anything either as goods or services, just providing "detailing information". No profit at all. I wasn't even saying I was affiliated with Meguiars. Do you think what I would be doing would be lawful?

I remember in lawschool we once read a case about some ordinary guy whose last name happened to be "Sears". He had his own business which had no relation to the Sears you and I know. I can't remember the specific facts, but suffice it to say, Sears sued him and his store (whatever it was called... lets say "Sears Salon") and Sears won, simply because they vigorously protected their name.

The second area I think I disagree with you is the notion that you can make a Nike shirt and it is legal.

I think your point being, there is no profit, therefore no harm, therefore nothing illegal but let me posit this to you...

Suppose I am building my family website. It's called www.the3fittyfam.com. It will be chalk full of car pics, family pics and nonsensical diatribes. However, in my creation of the website, I also put in some stock photos owned by Getty Images (they own most on the internet). Do you think Getty has a viable claim against me for copyright infringement, even though I am not profitting from the pictures?

[Maserati Mario]

Re: Meguiars Garage Signs?

Well, let me ask you this. Suppose I set up an "informational booth" in front of my house, using the Meguiars logo, banners and some of their promotional material.

I wasn't selling anything either as goods or services, just providing "detailing information". No profit at all. I wasn't even saying I was affiliated with Meguiars. Do you think what I would be doing would be lawful?

I remember in lawschool we once read a case about some ordinary guy whose last name happened to be "Sears". He had his own business which had no relation to the Sears you and I know. I can't remember the specific facts, but suffice it to say, Sears sued him and his store (whatever it was called... lets say "Sears Salon") and Sears won, simply because they vigorously protected their name.

The second area I think I disagree with you is the notion that you can make a Nike shirt and it is legal.

I think your point being, there is no profit, therefore no harm, therefore nothing illegal but let me posit this to you...

Suppose I am building my family website. It's called www.the3fittyfam.com. It will be chalk full of car pics, family pics and nonsensical diatribes. However, in my creation of the website, I also put in some stock photos owned by Getty Images (they own most on the internet). Do you think Getty has a viable claim against me for copyright infringement, even though I am not profitting from the pictures?

I agree with you.
Those are all examples of you USING there logo.
I'm simply saying you can use it in the privacy of your own home, not in public. Your examples are in public and not private.
Again I can print up anything and put it in my house. No judge would convict me of copyright infringement when it is for my personal use.
Personal use is very different from public use.

[Maserati Mario]

Re: Meguiars Garage Signs?

And another thing,
ADS gives these away, no qualifying for them or authorization from Meg's.
So making your own is just like getting one from ADS.
So I don't think Meg's really cares who has a banner other wise they would have put a stop to it a long time ago.