Thse of you sealling PT Cruiser Items...BEWARE !!

[basset hound]

Marc, I agree with your frustration, but DC has the international copyright laws on their side. Chrysler has a history of not allowing people to use their name, names of their vehicles, designs or their logos. Over the years Chrysler has been very protective of "their image," much more so than Ford or Chevrolet. DC is doing the same as any major corporation in regards to their name(s), design(s) and logo(s). There is no conspiricy here, just normal business for these people.

I remember back when I had my '61 VW that I wanted some Volkswagen logo patches for my jacket. VW wouldn't let anyone make them. Finally, one company got a license to make them, but they were the only ones who could. That made the price for VW patches higher than for similar patches. Another company made t-shirts with the VW logo. They didn't have a license, so the shirts were taken off the market very quickly.

With the PT Cruiser, Chrysler reversed their previous conservative practices and licensed many companies to make PT Cruiser items, especially toys. They do, however, get a portion of the sale of everyone of them, with the amount determined by their particular liccensing agreement with each individual company. Considering all the PT Cruiser toys that have been sold, I think that Chrysler has made a considerable amount on the sales. Many of the items that Chrysler licenses, they sell themselves, thus increasing the profits on them. Like other corporations, Chrysler will go after those who sell unlicensed items using images, including names, logos and designs that are copyrighted by their company. Again, there is no conspiricy, just the usual corporate practices.

[PurePT]

Originally posted by RubyRed


..... remove all images of the PT Cruiser from the shirt designs and replace them with a PT Cruiser-shaped blank space.

[Marc]

I understand those practices Don. Yes, it is Business
My beef is Why go after the little guy , the guy that makes a buck or two. Leave the little guy alone go after the Money Makers.. The Big Sellers. That's where they can get their Greedy little hands on MORE cash !!!!

Scott is well prepared for this on this site. the Words "PT Cruiser" are NOT listed and a FULL image of the Cruiser is NOT shown. Bravo Scott. !! Will they come after him as well because he has a picture of a PT Grill or a PT Headlight? It will not surprise me at all....

This all started because a FEW GREEDY people said.."hey such and such is/are selling unofficial PT Cruiser stuff. We want to be the only ones selling this stuff cause we are Greedy. Go get them, take them out, give us the MONOPOLY !! so that we can sell our stuff, the ONLY Official stuff for A LOT MORE $$$$ .

I'm just waiting for that "We are NON Profit Organization" Crap again. Non Profit My A......rm

Originally posted by basset hound
Marc, I agree with your frustration, but DC has the international copyright laws on their side. Chrysler has a history of not allowing people to use their name, names of their vehicles, designs or their logos. Over the years Chrysler has been very protective of "their image," much more so than Ford or Chevrolet. DC is doing the same as any major corporation in regards to their name(s), design(s) and logo(s). There is no conspiricy here, just normal business for these people.

I remember back when I had my '61 VW that I wanted some Volkswagen logo patches for my jacket. VW wouldn't let anyone make them. Finally, one company got a license to make them, but they were the only ones who could. That made the price for VW patches higher than for similar patches. Another company made t-shirts with the VW logo. They didn't have a license, so the shirts were taken off the market very quickly.

With the PT Cruiser, Chrysler reversed their previous conservative practices and licensed many companies to make PT Cruiser items, especially toys. They do, however, get a portion of the sale of everyone of them, with the amount determined by their particular liccensing agreement with each individual company. Considering all the PT Cruiser toys that have been sold, I think that Chrysler has made a considerable amount on the sales. Many of the items that Chrysler licenses, they sell themselves, thus increasing the profits on them. Like other corporations, Chrysler will go after those who sell unlicensed items using images, including names, logos and designs that are copyrighted by their company. Again, there is no conspiricy, just the usual corporate practices.

[REIDS]

Marc "That sucks but it doesn't shock me." Go after the little guy and the word will get around to the "OTHERS"and the piece of the pie just gets bigger. Does this mean that any event that uses the logo or name is next?
This is a Quote from the Falls Forum:
(We are ONLY ones selling licenced, AUTHORIZED, CTF jackets!! (and T shirts and anything else "CTF")

A couple local dealerships will be there with PT Cruiser stuff, shirts, maybe hats, but nothing CTF

I would hate to see them show up at the Falls and try the same stuff that they tried with you.Do you think 1000+ Cruiser fans would get upset......

[Cruisin' in Calgary]

Copyright laws are funny. Yes, DC can protect the name they have created and authorize distribution and licensing of products.

You see, if a company does not protect their physical and intellectual property rights, over time they will lose the ability/rights to do so. Classic examples such as skidoo or xerox prove these cases well. Try suing someone for using the term skidoo.

HOWEVER, if a compnay wishes to pursue an action against an individual or group it has to prove..... (assuming the person isn't dumb enough to infringe on patented logos, materials, etc. Personal artwork would not constitute a patent/copyright infringement.)

(I speak only of Canadian laws here)

a) The person has damaged their good name or product in some material and proveable fashion. The tort of "passing off" comes in to play here. Is the seller trying to "pass off" his/her product as that of a product of the victim?

b) Financial or reputable hardship/diminishment as a result of said actions above.

c) Financial gain by the alleged perpetrator of the actions above.

I know this very well as part of my job involves going after clowns that try to do the above to the companies I work for. It's pretty tough to make things stick.

When you begin to talk about NOT-FOR-PROFIT activities such as clubs (real clubs, not corporations acting as clubs), this proof is very difficult and anybody would be foolish to go after it as it would create an opposite of DC's desired effect.

My advice for clubs, and other NOT-FOR-PROFIT organizations, stick with your own artwork, get your logo approved by DC if you want to use their car, and everything will be fine. (Looks like an agenda item for our next club meeting).

My advice for those making profits from the sale of PT logo merchandise/etc, read the above and act accordingly.


Without my legal hat on, I say.............
Lots of fun in this complicated legal mumbo jumbo world we live in. The lawyers all win in the end.

[Comedy Cruiser]

Originally posted by Cal Cruzer
I think what it comes down to is setting a precedent. If they knowingly allow one person to use their copyrighted material that would set a legal precedent for anyone else to use it too. Next thing you know Disney could (theoretically) be selling PT images at the park.

There is no reason however that DC could not license the little guy for a very nominal fee. Instead of sending a threat, send an invitation to be legal for $10 or something that would constitute consideration and additionally keep the "good will" of the people that buy their cars and want to express themselves in more ways than are available at the dealership (don't even get me started on car dealers).

Now here is someone who thinks outside the box!

HEY DC, ARE YOU LISTENING!?

[Comedy Cruiser]

Originally posted by PurePT

Put me down for one of those!

In fact, we should all remove the badging from our "40s delvery van type" vehicle or else we all should get paid some sort of royalty for advertising as someone stated earlier in the post!

[cokebear1]

Years ago I remember my brother Mike took every single name off of his Chevrolet convertible. I'm not totally sure why he did it back then. I do recall it having something to do with removing their advertising.

[PTKodiak]

FIRST thing I did to my PT when I got it home was to remove the Dealer plate and frame, and hatch badging with their name. I DO NOT ADVERTISE FOR FREE!! Day TWO.....took off PT CRUISER from both doors, and GT and 2.4 TURBO off the back. Was gonna take off the hood badge...but realized there are holes under it. I am going to get a new hood soon...and guess what is gonna be deleted......you got it.....CHRYSLERS emblem. Granted....driving the car is advertising for them, but why put it in letters.....SCREW THE BIG GUYS.....SUPPORT THE LOCALS AND THE SMALL GUYS!!

Just my 2 cents.....

Dale

[PT_Sean]

Originally posted by REIDS
This is a Quote from the Falls Forum:
(We are ONLY ones selling licenced, AUTHORIZED, CTF jackets!! (and T shirts and anything else "CTF")

A couple local dealerships will be there with PT Cruiser stuff, shirts, maybe hats, but nothing CTF

I would hate to see them show up at the Falls and try the same stuff that they tried with you.Do you think 1000+ Cruiser fans would get upset......

The DEALERSHIPS that will be in attendance are licenced distributors already, and are probably in a position to resell PT/DC/Jeep/Dodge/... items. This is a non-issue, even if its over the border from this "Guido" (copyrighting/trademarking is fuzzy when it comes to international borders, one must do things in each country).



And yes, the only authorized CTF apparel/die-cast/cling/other items for sale at the event will be sold at the "CTF Apparel" area- different issue altogether.