Funny. Don't know if you were around for the drama, but we did go down that road, complete with threats to send a lawyer to confiscate and destroy them.
After the drubbing we gave them, and I lit him (Paskowitz) up about the bolt artwork being my creation, there was an abrupt change of attitude. The lightning bolt graphic IS NOT COPYRIGHTED ! The copyright is on LightningBolt, the name/word. If anyone has rights to the graphic design, it's me. It DID spring from my fertile mind, after all!
Thanks for that!
Yeah, the reason I didn't really want to have the bolt is because as a former graphic designer, I know that copyright law can be interpreted differently by different people. Heck, my sister, who worked for Disney's legal dep't, reamed me once cuz I put a Mickey Mouse on a friend's board. Nowadays I try to stick to my own original artwork on all my boards.
I did appreciate your input on the logo Bill, because I wanted to accurately capture the essence of an old lopez style board, modified of course for California waves, and sized to the requested length. As it turned out, I had input on the board size, outline, and logo, the rest was up to me. But I never got to ride it, and I'm looking forward to it.
Yes I remember the "bru-hah-hah". They really stressed Ken. If anyone should be allowed to use that graphic it should be the shapers who have used it previously; Bill of course, but guys like Parrish, Lopez, Nellis and others.
If a trademark really means something to the originator he will keep it registered and due diligence to update every I think it is ten years. I recently did mine without an attorney. It was not that difficult. Just starting the process stops anyone from infringing upon it. When I left Maui someone opened a rental shop using my mark. By the time I found out about it they had already folded. If you like it, register it. If not it is "public domain". I wanted to put some art on a board for my daughter. I was concerned about it but found out that once the artist has been dead 70 years it is in the "Public Domain".
Yes, trademark and copyright are two different things. Patent is another. Copyright laws are easy to get around by slightly modifying the original. Trademark is different, and while both are defensible in a court of law, you're talking lawyers, legal fees, court appearances, etc etc, so unless there is big money involved, it usually becomes a moot point.
The internet has blurred the edges yet further, because of the ease of copy, paste, and re-post. A copyrighted song has much more chance of being defended than a coyprighted surfboard logo, because big money gets involved.
The bottom line for me is just to try to respect the originator of a graphic design by not taking it and using it as if I designed it. A guy wanted to use my mural image on t-shirts, to sell, and not give me anything. I had to say no. Another guy wanted to sell one of my wood surfboard designs as a kit, and again, not give me anything. So again, I said no. Not that I expected a lot of money for my original designs, but come on, show some respect to the creator of original designs, if you're going to be making money off their work.
Because Bill designed the original lightning bolt logo, and sent me the specs to do it right, I felt comfortable enough to include it on Ken's board, per his request.
As McD said. There is a point at which public domain is the rule. Even if you have a patent, trademark or copyright, you will need to demonstrate financial damage has occured.
I applied for a patent once. Getting a patent is $10K ante poker. Costs you, on the average, a minimun of $10K just to get the patent. Like poker there are raises and calls. Patent challenges and infringements are the raises. You must have the money to "call" each infringement/challenge by hiring an attorney to take them to court. If you do not have the money to call, game over.
I have a colleague who spent $1 million defending his patent against challenges and infringements. He eventually won -- but had to take out a second mortgage on his home.
In general, the people who benefit from patents, trademarks/logos and copyrights are corporations and/or the wealthy. The only real value a patent offers is that it ensures the big money players cannot prevent the little guys from making and selling their own creations.
For something small and of limited financial value, you only hurt yourself by not giving permission to use. I have an article I published that I have allowed publishers in Japan to use for several years now (without monetary compensation) -- in college preparatory materials for high school students. I decided I am the one who loses by limiting the distribution of my work if I do not grant permission. My simple solution was they could use it for educational purposes if they acknowledged me as the author. I get much broader exposure this way -- far greater professional value than some inconsequential monetary pittance.
Team Bolt or Nazi SS?
OK, now we've gone from being stoked to be getting my board back, to Nazi SS, I would say this thread has effectively jumped the shark, moving it over to E&B.
100px-Flag_of_the_Schutzstaffel.svg_.png
Swaylocks Surfboard Design Forum: thoughts & theories ... practical & theoretical
RAIL PROFILE http://bgboard.blogspot.com/2014/03/march-82014-afterr-seeing-recent.html
Swaylocks Surfboard Design Forum: thoughts & theories ... practical & theoretical
RAIL PROFILE http://bgboard.blogspot.com/2014/03/march-82014-afterr-seeing-recent.html
Pages