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Copyright Infringment

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wkpoor View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote wkpoor Quote  Post ReplyReply Direct Link To This Post Topic: Copyright Infringment
    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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Coke-in-MN Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jun 2010 at 8:11pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote CTuckerNWIL Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jun 2010 at 8:13pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote firebrick43 Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2010 at 11:06am
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Lonn Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2010 at 1:09pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote wkpoor Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2010 at 1:24pm
Originally posted by firebrick43 firebrick43 wrote:

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.

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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Brian Jasper co. Ia Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2010 at 4:04pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote bigfish_Oh Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2010 at 6:30pm
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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Cheri IL. View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Cheri IL. Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2010 at 6:44pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Dale H. ECIL Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2010 at 9:59pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Brian Jasper co. Ia Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2010 at 10:01pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote michaelwis Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2010 at 10:12pm
Originally posted by Lonn Lonn wrote:

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.
 
 see thats where they went wrong .. should  a been a spotted cow ...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote JohnCO Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jun 2010 at 12:25am
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gerald J. Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jun 2010 at 8:02am
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote JimD Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jun 2010 at 8:55am
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."
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote GlenninPA Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jun 2010 at 9:19am
Originally posted by JimD JimD wrote:

.....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."
 
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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.  
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Calvin Schmidt Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jun 2010 at 9:31am
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Dean(IA) Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jun 2010 at 10:12am
   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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Post Options Post Options   Thanks (0) Thanks(0)   Quote tom (OH) Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jun 2010 at 4:06pm
I contacted them about 12 years ago about having mud flaps made with AC diamond and thhing was need, just do it.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote EPALLIS Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jun 2010 at 10:12pm
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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