Legal Question in Intellectual Property in California

Trademark - Painting trademarked design for profit

A person is running a business in Florida of selling custom made guitars & his primary products are solid colors or natural wood finishes. The person however does offer custom paint jobs per a customer's request. He does not directly advertise, but makes available images showing what can be painted, which does include a trademarked design. The guitar with the custom paint job with the trademark design is much cheaper than what major guitar manufacturers charge for a similar guitar with the trademarked design in association with the trademark owner. Only very rich guitar collectors would be able to afford the products offered by the major manufacturers.

As far as I'm aware the person in Florida is not paying licenseing fees to the entity, via his corporation, who owns the trademark.

How is it possible for the person to make a profit painting someone else's trademarked design & not be considered infringing upon the trademark?


Asked on 3/27/07, 2:12 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Trademark - Painting trademarked design for profit

There are several possibilities:

1. Maybe the Florida guy is licensed and you just don't know about it;

2. Maybe the major manufacturer doesn't think the design is close enough to theirs to constitute infringement;

3. Maybe the major manufacturer hasn't noticed what the guy in Florida is doing yet;

4. Maybe the major manufacturer has sued or threatened to sue the guy in Florida, and you haven't learned about it yet;

5. Maybe the major manufacturer has noticed the infringement, but doesn't think it has sustained sufficient damages from a small operator to warrant bringing suit yet; or

6. Maybe the major manufacturer has no objection to the infringement (!).

I suppose there are other possibilities.

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Answered on 3/27/07, 3:54 pm


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