<<This is a rare exception to our policy because nearly all other
> manufacturers that we have asked for permission to sell transfers will
> not give it. For those we maintain our "transfers applied by us only"
> policy. ... Also by insuring that there is no misapplication or
"confusion" in the
> use of trademarked decals, we respect the trademark owners obligation to
> control his trademarks.
>>
I find your response in the email below to be confusing and I am asking for clarification about CyclArt unauthorized decal reproduction policies.
Is not CyclArt potentially infringing on trademark when you make unauthorized decal repros without prior written authorization from the OEM?
How can you claim to respect the trademark owner when you are really saying that the trademark owner has the sole responsibility to patrol infringement upon their trademark? Will you stop selling and making the unauthorized repro decal only when the OEM complains or sues?
I suppose it is up to the OEM to decide whether to sue to patrol their trademark, but what are your thoughts about ethical issues where you may be profiting from unauthorized decal repro at the expense of the OEM trademark?
I wonder if trademark infringement makes the buyer as well as the seller of any unauthorized decal repros liable for a civil lawsuit?
Which bike manufacturers has CyclArt signed legally binding contracts that enable CyclArt to remake the OEM decals?
Just curious...
Regards, Steve Neago
Cincinnati, OH
> Dear Marty & all,
>
> RE: >As to CyclArt, I enquired about replacement decals for
> >1976 Eisentraut Limited, and they replied with the cost
> ?and a salespitch. Didn't say anything about sending them
> >the frame, this was about 2 months ago.
>
> Albert Eisintraut has given us specific permission to sell his "Limited"
> decals. He does not have them and does not want to be bothered with
> inquiries about them. This has been the situation for about 10 years.
> In that time we've sold two sets to other painters, 4 sets went on
> Limiteds we painted, one was sold to an individual.
>
> This is a rare exception to our policy because nearly all other
> manufacturers that we have asked for permission to sell transfers will
> not give it. For those we maintain our "transfers applied by us only"
> policy. By so doing, we take responsibility for the frames
> roadworthyness and therefore lessen the liability a manufacturer might
> have for a damaged frame repainted with his decals, WE take
> repsonibility and carry substantial liabilty insurance to back that up.
> Also by insuring that there is no misapplication or "confusion" in the
> use of trademarked decals, we respect the trademark owners obligation to
> control his trademarks.
>
>
>
> Jim Cunningham
> CyclArtist
> Vista, CA