Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Any trademark insignia needs a licensing agreement between the individual and the trademark; this is so the trademark holder is compensated for the use of their property (ie the logo).
They often have restrictions on what type of items may contain the logo (ie whether it can promote alcohol, gun issues, etc)
More information here:
If interested in pursuing it is best to hire an attorney to help negotiate the terms of the agreement; otherwise if one proceeds without an attorney one would contact the company's legal department or their licensing department.
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But the cloth that the logo was on- the company only gave permission for the logo to be on that particular piece of cloth, to be used in the condition it was in.
Most trademarks will, as part of the licensing agreement, have a code of conduct, and will require approval of the particular use (ie approval of the item to be made; approval of any additional art work, etc)
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There is a first sale doctrine that can exempt designers from trademark infringement if the appropriate disclaimers re: non association are disclosed; however, based on my research, most will negotiate for a license because otherwise it often results in the corporation filing for injunctive relief and damages, and then one must defend that - which can rack up substantial legal fees.
However, most bolts will state that it is for home use only and not for commercial use- and that is where the liability comes in.
For example, the trademark grants that company the right to dis/approve which items contain their legal face so to speak (their trademark) so they can determine which items bear the logo, and the quality of those items.
I did find this article that explains it in detail here
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