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Copyright Infringment |
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wkpoor
Orange Level Joined: 25 Apr 2010 Location: Amanda, OH Points: 825 |
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Posted: 24 Jun 2010 at 8:06pm |
I'm looking into having a sign magnet made for the side of my white panel van for use at shows. What if anything will I be infringing on by using the Allis diamond shaped Logo and another that says ALLIS-CHALMERS in the style font that is typical.
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Coke-in-MN
Orange Level Access Joined: 12 Sep 2009 Location: Afton MN Points: 41574 |
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Seen a panel-van (pre 1964) at Back to 50's here in MN with AC on both sides and Persian Orange in color. when asking the owner he said he has been to many shows and lot of people have seen it.
Did take picture of him and van but seems to have deleted it off my camera.
He mentioned a few people on this form have talked to him but he is not a member here. Edited by Coke-in-MN - 24 Jun 2010 at 8:12pm |
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Faith isn't a jump in the dark. It is a walk in the light. Faith is not guessing; it is knowing something.
"Challenges are what make life interesting; overcoming them is what makes life meaningful." |
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CTuckerNWIL
Orange Level Joined: 11 Sep 2009 Location: NW Illinois Points: 22823 |
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It seems like anybody and everybody copies that logo. I don't know if Allis Chalmers energy holds any rights to it or not. You could ask permission from ACE or beg for forgiveness if anybody complains.
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http://www.ae-ta.com
Lena 1935 WC12xxx, Willie 1951 CA6xx Dad bought new, 1954WD45 PS, 1960 D17 NF |
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firebrick43
Orange Level Joined: 10 Dec 2009 Location: Warren County Points: 592 |
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Logo's are copyrighted which does expire,but more importantly they are Registered Trademarks, which is typically the little R with a circle around it down in the corner. They do not expire but can be considered abandoned if not in use for a long time and there is no intent for reuse by they company(I am not a lawyer so don't ask me "HOW") I would say the Diamond logo is not going to get you in trouble, as long as your a collector and not DBA Allis Chalmers. They newer logo might as they are making garden tractors under that one. But remember, most companies want their logo out there, and as long as you not trying to sell or DBA under that logo its free advertisement for them. I wouldn't advise on trying to sell the logos on a large scale however.
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Lonn
Orange Level Joined: 16 Sep 2009 Location: Назарово,Russia Points: 29781 |
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Our neighbor wanted to paint their silo like a Miller can and wrote Miller for permission and a blueprint. This silo is a couple miles off the main road but Miller wouldn't give them permission.
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Wink I am a Russian Bot |
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wkpoor
Orange Level Joined: 25 Apr 2010 Location: Amanda, OH Points: 825 |
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That pretty much what some one else told me recently. So unless the price quote for the magnets is more than I can do I'll have a white panel van with the diamond on the front doors and the ALLIS-CHALMERS on the sides. |
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Brian Jasper co. Ia
Orange Level Joined: 11 Sep 2009 Location: Prairie City Ia Points: 10508 |
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You might ask Cheri of The Allis Connection. They have lots of stuff for sale with both the diamond and triangle logos at shows. I remember seeing someone several years ago at Hutchinson MN was making some really nice leather belts with tractor names/logos on them. If I remember correctly, they had to stop because John Deere found out about him and demanded a significant fee per item if he continued, or promised legal action for something like copyright infringment.
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"Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian." Henry Ford
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bigfish_Oh
Orange Level Joined: 13 Sep 2009 Location: West Liberty,Oh Points: 1226 |
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JD was 10% on their toys(1990). Now, they really don't want any little guys money, even after the admit the quality is better than others they have licensed. If you are ever contracting and have an agreement, get it signed asap before the word spreads of your item or someone retires that said go ahead.
IH has threatened to go after people for repainting ertl and scales models and reselling |
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1941 WC sat for 29 years,started & dynoed 27 h.p.
1957 WD45 Grandpa bought new,factory p.s.,added wfe 1951 WD, factory p.s. 1960 D14 HnMk IV BkHoe 4 sale 2014 HD Tri Glide 2009 GMC CC SLT Dually |
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Cheri IL.
Orange Level Joined: 11 Sep 2009 Location: Illinois Points: 424 |
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The Allis Connection has been selling large magnetic signs with the logos on them for years. We have had many Agco big shots at our tables at the Farm Progress shows and have never had a word said against the stuff the club sells. I think the signs are 12x12. Cheri 309-887-4719
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Dale H. ECIL
Orange Level Joined: 11 Sep 2009 Location: Paris, Il Points: 690 |
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I have never heard of anyone getting in trouble for reproducing anything AC. Several years ago I was able to buy the original parts and operator manuals for all the green AC tractors. I got the # of the lawyer for Agco from Nan Jones, called him, he gave me written permission to reprint and sell them.
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Allis Chalmers Museum, Paris, Il.http:// www.allischalmersmuseum.com 217-275-3428
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Brian Jasper co. Ia
Orange Level Joined: 11 Sep 2009 Location: Prairie City Ia Points: 10508 |
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That's interesting Cheri. I wondered if T.A.C. had "written permission" to use the A-C logo. I wish I'd bought a few signs and such, but I'm still working on a D17D fixing everything front to rear. Got the last of the little parts bought from the vendors there at Amana. I think next year I might pull the camper up there too.
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"Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian." Henry Ford
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michaelwis
Orange Level Joined: 12 Sep 2009 Location: Wi Points: 8765 |
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see thats where they went wrong .. should a been a spotted cow ...
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WD WD45 DIESEL D 14 D-15 SERIES 2 190XT TERRA TIGER ac allcrop 60 GLEANER F 6060 7040.and attachments for all Proud to be an active farmer
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JohnCO
Orange Level Joined: 11 Sep 2009 Location: Niwot Colo Points: 8992 |
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A local brewery in Longmont, Co bought a restaurant building on the site of a farm with the silo still standing. They had it painted like their beer can "Dales Pale Ale" It's right on the edge of town on a state highway. Most people like it. Their parking lot is always full so the food must be as good as their beer.
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"If at first you don't succeed, get a bigger hammer"
Allis Express participant |
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Gerald J.
Orange Level Joined: 12 Sep 2009 Location: Hamilton Co, IA Points: 5636 |
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Deere is extremely picky. One local place wouldn't print my photo of my modified Deere tractor on one T shirt.
Gerald J. |
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JimD
Orange Level Joined: 11 Sep 2009 Location: Mounds, OK Points: 2102 |
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I'll have to basically agree with what's posted here. I did a lot of research on the Allis logo since we put it on our website and our business cards. When we very first started the business, we had a JD logo on our website, and was warned from some other vendors to get it removed as they had recieved Cease and Desist letters.
Allis only copyrighted a couple of their logos, and the diamond was not one of them. Additionally, because they are aware of so many already reproducing their logo, and have not enforced to this point, they have gone beyond what is known as the "Slippery slope" point of no return.
However, remember that cival lawsuits are easily filed wether you expect to win or not. And the cost of defending is not free. "You plays the game, you takes your chances."
JimD
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Owner of OKtractor.com PM for an instant response on parts. Open M-F 9-6 Central.
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GlenninPA
Orange Level Joined: 11 Sep 2009 Location: Ashley, PA Points: 5054 |
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Truer words never spoken. In the USA, once a lawsuit is filed, you both have lost already. Only the lawyers win.
I know this from personal experience. 9 years, $15,000 later, and at least 2 more years and $5,000 minimum to find out what the end result is. Maybe I will be vindicated, or perhaps I will have to pay $1. Either way, the costs are mine.
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Calvin Schmidt
Orange Level Joined: 11 Sep 2009 Location: Ontario Can. Points: 4525 |
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I purchased a hat and shirt from the guy with the embroidery machine at the GOTO in GRAY Tenn. He said that he was licenced or had permission from both Case IH for IH things and Allis-Chalmers Energy Inc. for the A-C logos. Apparently Agco does not own the rights to all things Allis-Chalmers. The Allis-Chalmers corporation never died and lives on as Allis-Chalmers Energy. It had value for all the tax losses that could be carried forward.
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Nothing is impossible if it is properly financed
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Dean(IA)
Silver Level Joined: 12 Sep 2009 Location: NE Iowa Points: 426 |
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When The Allis Connection was first formed, I was on the board and contacted
Allis-Chalmers Energy about use of names, model names or numbers and logos. The person in ACE's legal department to whom I was directed, didn't think we needed formal approval, since ACE is not in the farm equipment business. The new form of the logo with Allis-Chalmers Energy printed underneath may, perhaps, be viewed differently, however. HTH |
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tom (OH)
Silver Level Joined: 16 Jun 2010 Location: Jeromesville Points: 55 |
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I contacted them about 12 years ago about having mud flaps made with AC diamond and thhing was need, just do it.
Tom
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EPALLIS
Orange Level Joined: 12 Sep 2009 Location: Illinois Points: 1131 |
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The Allis-Chalmers Energy Team is a great group of people. I've talked to a couple of them on different occassions and they have an energy company to run, but always have time for people passionate about the brand and listen to the old stories. Great people to work and talk to!
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