Trademark question - mason jars

[Georgia]

OK, I know I can't make stuff with college logos. I have read posts that Coke glasses are out. I think someone was making candles in old liquor bottles and that came into question. How does making candles in Mason jars differ? Don't they say Mason on the front? Aren't you profiting using their name? I have a project in mind, but I sure don't want to break laws. Is there a gray area?

[MissMary]

Not against the law unless you try to claim the glass is something you made yourself. It's possible to open up to resale laws, barely, because mason isn't a registered logo per se - but considering probably damn near (random thought number) 80% of mason jars are used for resale, anyone to make a stink about it would lose a huge market share from all different kinds of producers from canning to candles.

[Carrie]

Mason is the type/brand of jar as apposed to Coke is a trademarked advertising symbol.

MissMary, around where I live, 80% of mason jars are used for personal canning and are not resold.

[Twoscentsworth]

Actually, once the item has been sold to you what you do with it is your business....that said C o ke has enough money to keep you tied up in court until you are bankrupt or frustrated/fed up and that is their tactic.

Here is a good site :

http://www.tabberone.com/Trademarks/trademarks.html

and some folks that took on some companies and have won.

[Georgia]

That's interesting. I'm not sure I agree with all their interpretations (but I'm not a lawyer). What I read there and what I read on the US Trademark pages makes me think I am OK with my project.

Thanks

[MissMary]

Actually, once the item has been sold to you what you do with it is your business....that said C o ke has enough money to keep you tied up in court until you are bankrupt or frustrated/fed up and that is their tactic.

Here is a good site :

http://www.tabberone.com/Trademarks/trademarks.html

and some folks that took on some companies and have won.

That site is horribly misinformed. I could provide him with quite a few cases. They don't link to any thing but their own site.

McDonald's is one of the toughest, staunchest, and probably even over the top examples of cases they've launched and WON throughout the world for infringement.

The First Sale Doctrine isn't the base (or recognized anymore). It was rewritten into the Copyright Act of 76. This person has written up how it USED to be, but not how it's been since the new act, or other revisions and additions made since.

He makes many allusions to federal trademark cases - however, quite simply - most cases never make it that far. They are decided in local jurisdictions.

The CA with regards to First Sale Doctrine are on RESALE of items that are NOT redone, reused, or combined to anything to make a different work. You can sell a Coke bottle. You can sell a Coke calendar you purchased. You cannot sell a Coke logo you painted up on your own (by law anyways, I'm sure it still happens).

A lot of his quotes are software cases - which is admittedly still murky at this time. If you are schooled in building search engines and you work at Yahoo, then go to Google - what knowledge can you reasonably take? This is why a lot of the EULA's now have wording of LICENSED to you rather than sold.

BUT - here's the jist - for example - creating a candle out of a Coke glass with the logo or brand name is considered at the least a derivative work. Without the Coke glass, the item will not have the same value. It's also not the original of the item purchased.

Anything that will have you capitalizing on a brand, logo, etc. of another company is not Fair Use, it's not First Sale, etc. Because you have changed the original, made changes to it and are trying to re-sell it as that.

[Georgia]

...

The CA with regards to First Sale Doctrine are on RESALE of items that are NOT redone, reused, or combined to anything to make a different work. You can sell a Coke bottle. You can sell a Coke calendar you purchased. You cannot sell a Coke logo you painted up on your own (by law anyways, I'm sure it still happens)....

That was what I read at USPT and how I interpreted it. I disagreed with the statement that once you buy it you can do anything you want with it.

Thanks for your input.