I ain't no attorney.
However, I believe that to the extent that someone uses copyrighted material to turn a profit, without the permission of the copyright holder, is infringement.
Any REAL attorneys out there with knowledge of copyright and service mark issues?
Cheers,
Jim Allen San Marcos, CA
The Maaslands wrote:
>Steve queried:
>
>
>
>>Has CyclArt ever been sued in the past by OEM manufacturers for trademark
>>infringement? Being sued does not imply innocence or guilt if the court
>>case is dropped and never reaches trial.
>>
>>I seem to recall CyclArt have been sued for trademark infringement by OEMs
>>in the past... could Jim C address this and what the result was? So far
>>
>>
>he
>
>
>>has been silent on this issue and has not responded to any of my CR
>>questions about this.
>>
>>
>
>I am confused. What possible trademark infringement could there possibly be?
>They are simply recreating the original appearance of the bike. The only
>possible infringement would involve knowingly repainting a bike with the
>wrong decals. If any painter had knowingly repainted a bike with incorrect
>brand decals, they would then open themselves to possible litigation and a
>cease and desist order.
>
>Steven Maasland
>Moorestown, NJ
>
>
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