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Discussion Starter · #1 ·
i have a question. im wanting to use the "flying D" logo on a couple of parts and after i do my own bike i might try to sell them. so whats the deal with using they're logo on stuff like that?

Eric
"some people have to piss on an electric fence to find out for themselves"
 

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Use the logo how? Decal? Painted? How can they raise a stink if you are putting Ducati logos on Ducati parts unless you jack up the cost of the part when you sell it. Tell 'em it's advertising. /images/icons/smile.gif

 

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Discussion Starter · #3 ·
i was planning on cutting the logo out on my clutch cover. i have all the tools to do it and i've already done a sample on some plexiglass.

i emailed ducati about using the logo and they said its a registered trademark and requires written permission to use it and that i cant use it.....

Eric
"some people have to piss on an electric fence to find out for themselves"
 

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eClogs
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The shop I bought my bike from machine their own clutch covers with anything you want! I saw several covers with Ducati logos!

Be afraid, be very afraid!
 

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The said no? Man...that's pretty crappy. Did you email using your friends account or an alias? /images/icons/laugh.gif I say go for it if you want it. You bought it from someone else. /images/icons/wink.gif

 

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Discussion Starter · #6 ·
thats what im going to do. i'll just say i bought it off of ebay!!

Eric
"some people have to piss on an electric fence to find out for themselves"
 
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U.S. case law usually determines that if trademarks/tradenames are used for personal, non-commercial, or informational purposes, then there is no violation or infringement upon the licensed trademark/tradename. Companies vary their policies in the use of their trademarks, but violations are only, usually, cited when a party modifies or uses their trademark/name in such a fashion that it defaces its representation, or is defamoratory in nature.

I'm not an attorney, but it seems that your intended use of those stickers or logo is not harmful. Personally, I wouldn't stress about it, and let the decorating process begin.

Cheers....Ed

"Viva Ducatisti" /images/icons/cool.gif
 

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There's a lot of people on eBay selling a lot of homemade Ducati junk - especially T-shirts with ironed-on stickers (crap) or ugly embroidered logos, and makin' a killing at it too. So since they're still in business, you got nothing to worry about. As long you as you keep the quality up to par no one will complain, and no one at Ducati will really care. I have yet to see anything like what you're talking about on eBay, so I'm sure it'll be VERY lucrative for you if you go that route. Just make sure to have some decent close-up shots.

 

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The only issue that may really arise, is, if your product takes of when you go public, it will be a violation of almost every copyright law known to man. The flying D logo is definitively copyrighted by Ducati, and as such, you will be required to obtain either a release from Ducati to use said flying D logo (based on anticipated sales from your business plan) free or, if your business plan shows a volume significant enough, you may have to pay Ducati on a per sale basis. Yes, the Flying D logo is copyrighted and trademarked to Ducati (see other web-sites and their on-going attempts to deny those copyright/trademark requirements)[most notably, the Ducati Web-ring].

This would be similar to you trying to use the Microsoft Windows logo on a product that simulates MS approval of the product....if you sell enough, Bill (or his lawyers) will ask you for money!

My 2cents worth!

 

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Discussion Starter · #11 ·
well i did email them and they said no! so im cool with that. so i modified the logo. that should be fine now huh? im not using their logo but just something close.

Eric
"some people have to piss on an electric fence to find out for themselves"
 

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No, sorry, you could be in even more trouble that way.
If you do just one, or even a few, for your own personal use, or for a friend, or something like that, you are fine. Th moment you start selling them, you are in trouble.
You are probably going to have such a small volume that they won't care, but they could sue you and win. If they did sue and you used thier logo, they can win all your profits plus interest, plus what it cost them in legal fee's (wich could easily be a lot more money)
If you use "something close" that could be considered defacing thier logo and they caould get all the above plus damages.
If you are going to go ahead with this, at least keep it small scale.

 
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