QUESTION

Need to understand the licensing issues around 3D prinitng one off, individually requisitioned, trademarked products for private use.

Asked on Sep 17th, 2014 on Intellectual Property - Minnesota
More details to this question:
We own a company that produces 3D printed cremation urns. A client reached out to us and has requested that we make one, custom rendering of his favorite NASCAR
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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Trademark law is about confusion of the source of a good. If someone were to make a series of NASCAR products, the reasonable consumer belief would be that the manufacturer had an agreement with NASCAR and the products were somehow sponsored/approved by NASCAR. In this particular instance, based on the limited facts provided, the client would have knowledge that the product was not sponsored/approved by NASCAR and, thus, it is not reasonable to conclude the client would suffer confusion. It is possible to have third party confusion. A viewer of the NASCAR urn believes that NASCAR sponsored/approved the urn and then develops a negative opinion of NASCAR (because of the quality of the product or feeling the product is tacky, for example). However the damages NASCAR could claim would probably not rise to a level that would make litigation desirable. To the extent there is risk, I suspect it would relate to third party confusion. Good luck, Todd
Answered on Sep 17th, 2014 at 10:18 AM

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