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California69gs
Posted on Tuesday, November 24, 2009 - 09:05 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

So awhile back I had some art done by an artist for my bike, in comic book style.

My wife isn't interested in modeling on my bike so it was just something I did for fun.

Well now that Buell is no more, and clothing with Buell and it's logo's isn't gonna happen anymore.

What would happen if I used some of these "design your own shirt" companies to make my own to support Buell bikes and perhaps trash talk HD a little bit.

I'm not talking about a clothing line that I'd sell to others, I'm just talking about something I'd wear myself. Do you think HD or Buell would come after me for that sort of thing? ie like a picture of a buell, or a character wearing a "Buell" shirt, or a slogan like on the front "Harley won't make my bike or shirts anymore" and on the back "So I make my own Buell stuff now"

or do you guys think I'm asking for trouble?
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California69gs
Posted on Tuesday, November 24, 2009 - 09:06 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

The cost of these "design your own" are actually not that bad, and compared to HD clothing prices........it's a downright bargin!
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Gunut75
Posted on Tuesday, November 24, 2009 - 09:09 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Make your own and dont tell anyone S@#t! If your not gonna sell it, who is to stop you? I have used t-shirts to make statements before!
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California69gs
Posted on Tuesday, November 24, 2009 - 09:35 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

well on most of the web sites it states that you have to have permission.

So say I used the Buell and HD name/logo's.....obviously I don't have permission.

I'm not sure if these places then "keep" you pictures for others to use. I think cafe press might do this. I've never used any of these before.

but I've put on some weight and need some new shirts and I'm pretty sure I want to do this, but in tough times, i certainly don't need some law suit, not that a 200K HD lawyer would come after a guy with 200K debt, lol!
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Jaimec
Posted on Tuesday, November 24, 2009 - 10:19 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

You just need a color inkjet printer. You can buy the paper that allows you to print your own "Iron On" transfers. Create your design, reverse it (mirror image), print, trim around the image and iron it on. FTW!
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Iamarchangel
Posted on Tuesday, November 24, 2009 - 10:23 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Rough guide:

You own your own work and all the rights to it.

They own their own work and all the rights to it.

You're allowed some artistic license, they're allowed license protection.

Suppose, for fun, HD liked your design and took it, printed and distributed it, without paying you. How would that go over?

That being said, your design on your shirt on your bod, is probably free from this discussion.

This is where lawyers make their money.

(btw, did the artist give you permission to use, distribute, etc?)

(Message edited by Iamarchangel on November 24, 2009)
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Hr_puffinstuff
Posted on Tuesday, November 24, 2009 - 11:08 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)



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Froggy
Posted on Tuesday, November 24, 2009 - 11:26 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)


quote:

You're allowed some artistic license, they're allowed license protection.




That pretty much sums it up. If you want to make a few shirts for yourself, maybe a buddy or two, knock yourself out. The second you start to sell things or do some other form of mass production, you will get a nasty-gram from HD. Buell is no more, but they still own all the rights.

In one of the many "F Harley" threads a few weeks back, someone was attempting to sell shirts that had the HD logo, and it didn't take long for them to catch wind and send the nastygram.
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Oddball
Posted on Tuesday, November 24, 2009 - 11:28 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

That's cool.
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California69gs
Posted on Tuesday, November 24, 2009 - 01:25 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

yeah, I own the artwork. I have used this artist multiple times in the past for comic book art that I wanted to use in my house.

He fell on tough times and made me an offer for about a dozen pieces for a price I couldn't say no to.

I couldn't think of any more comic characters that I wanted done, my wife doesn't feel comfortable posing herself, so I had some comic book type characters done along with the Buell. ie one is wearing a buell shirt, one is sitting on a buell lightning........that kinda thing.

I'm only doing this for myself. Nobody else. I'd show it off here, but it's not something I'm selling.

I've tried the print and iron on one's in the past but it never lasts. I've belonged to local small clubs, mustang car clubs, and they've made their own shirts through companies like this and I've had them for years.......they are just wearing out and I'm getting fatter, lol.

That being said, I've always bought from the club never made them myself.

Sure if I do this and it gives HD, the owner of the rights, a positive image supporting a bike they used to make and I'm making no money off it. No big deal. However some of the slogans such as the one i mentioned might not be viewed as positive, even IF I'm not making money.

So do you guys feel it's ok to do, if it's just for me?
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Black51
Posted on Tuesday, November 24, 2009 - 07:47 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I can tell you that HD is VERY protective of their name, initials and/or Bar and Shield logo being used. My brother works at the plant here in York and they have lawyers who send cease-and-desist letters endlessly. For example, if have a personal website, say a blog, and have the Bar & Shield, no lettering or anything, and their lawyers come across it you will received a certified letter in the mail.

If, as pointed out above, you use a little artistic freedom and make some minor changes such as to suggest the Bar & Shield, for example, then you're probably ok.

The point I think to keep in mind is that it doesn't matter if you're simply doing something for your own enjoyment or selling something, they still view it as a violation of their intellectual property and they are pitbulls.

But of course there is such a thing as freedom of speech so even if you did produce some t-shirts that you wore yourself or freely distributed I'm sure the argument could be made that you were making a political statement along the lines of civil disobedience. I say go for it. If you get a letter from them be sure to post it on here...maybe have Erik sign it and then frame it!
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California69gs
Posted on Tuesday, November 24, 2009 - 09:53 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

lol! I loved that last line there black51

I think I should be fairly safe since it's just for me, I'll go with the freedom of speech and make my opinions known!
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Iamarchangel
Posted on Tuesday, November 24, 2009 - 10:38 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Freedom of speech doesn't trump copyright protection. (Politics versus business.)

Is there anything on that bike that is a mod you did? Something to link it directly to you as your bike?

That would make it yours.

Selling or not selling doesn't matter, distribution is what it's called.

I'm just giving you the down side. HD is harsh and has shut down many businesses here in Canada as well. (I met a student who had a summer job just going to flea markets in Ontario looking for unlicensed HD products.)

I'd go for it the way you're describing it. It's my picture of my bike not their ad of their product.
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California69gs
Posted on Wednesday, November 25, 2009 - 07:07 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

wow, I can't believe HD is like that!

well.......yes I can, when a hooded sweatshirt costs $80........I mean every HD and until recently every Buell clothing product had a $20 plus surcharge added to it. The hooded sweatshirts I'm looking at would cost $35 plus shipping to have it custom made....pictures I want.......words I want.

When those in Hollywood say there is no such thing as bad press, I would think that HD would spend more time on their actual product vs making sure someone isn't making a little money off the name.......the bikes would be a whole lot better.

Paying people to scout flea markets? wow...

well there isn't any distribution, unless I start to dress my kids this way. It's just a billboard on my body saying I love my Buell and Buell in general.......maybe one or two shirts saying how much I love Buell and hate HD for treating Buell like a red headed step child and getting away with locking said step child in the basement for an undisclosed perhaps forever period of time and getting away with it......
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California69gs
Posted on Wednesday, November 25, 2009 - 07:12 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

@ Iamarchangel

I'm not sure anything I've done to the bike really makes it more mine? Different mirrors, chopped tail, ops pipe....weird color scheme because I don't have the cherry bomb wheels on it yet.

ummm.....since I'm going with a cherry bomb look...I'm thinking of a shirt that does say something about an unwanted red stepchild?? see this stuff is easy! I just don't wanna get in trouble, lol.
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V8basil
Posted on Thursday, November 26, 2009 - 11:26 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I wanted to make a shirt or bumper sticker that said :" Too Fast to be a Harley" or " Stops fast, goes fast, corners fast, it sure ain't a Harley"
How are those ideas!!!!!!!!
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Bikertrash05
Posted on Friday, November 27, 2009 - 01:52 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

If you want to make a shirt for yourself, DO IT! It is only if you make a bunch and start selling them that they will ask you to stop, if they find out.
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Froggy
Posted on Friday, November 27, 2009 - 07:04 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)


quote:

wow, I can't believe HD is like that!




A lot of companies do this for legal reasons. Basically from what I understand, you got to defend your trademark, and if you don't it can be used against you should you finally want to defend it.

Not long ago Toyota and Ford was going after websites that had names containing things like Prius or Super Duty.
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Jaimec
Posted on Friday, November 27, 2009 - 07:13 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

As an old T-Shirt once proclaimed: "If they had as many engineers as lawyers, they MIGHT actually make a decent motorcycle..."
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