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People recasting stuff that you mastered without your permission


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#41 Elliot949

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Posted 27 March 2013 - 03:29 AM

I knew you didn't, But my point was that because AFX had a kit out before yours and you made a better one. Do they have a right to be upset with you? Legally the whole resin section of our hobbie is a copyrite nightmare. I would be shocked if anything was actually pattented or copyrited.

So Shawn Carpenter has been told to stop making stuff, Has anyone else? Has Modelhaus had any trouble selling copies of promo and kit parts? I would guess 90% of their stuff is direct unmodified parts.

 

Don pays for licensing... That is one reason his kits are in the price range they are in not to mention the quality...



#42 george 53

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Posted 27 March 2013 - 04:07 AM

IF you ever get them.



#43 Ju Ju

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Posted 27 March 2013 - 04:28 AM

IF you ever get them.

please tell who you are talking about, I have never heard any thing bad about modelhaus or people not getting their orders from them.



#44 gtx6970

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Posted 27 March 2013 - 04:42 AM

I can only speak for the Mopar licensing side .

But I was told a few years back from Trademarketing Assoc (mopars trademark watchdogs btw)

 

To obtain approval of an intended  licensed subject depends on the intended subject. But somewhere in the $1800- $ 2500 range to get you started and appox 3% of the retail sales amount PER item to be licensed. IF Approved.

 

BUT, I also have been told they will sign off on it at no costs ,,,,,,,  ' IF '   the projected sales numbers will be considerably low ( under 50-100 pieces per year and/or if the retail is going to be extremly low , under $10 retail per item as an example )

 

This is probably how the model cottage industry gets away with no licensing fees. In some cases it's simply not worth the man power to go after little fish.  

 

PS, Also, trust me, people are paid to do nothing but monitor boards like this,,, ebay,,,, internet chat rooms etc etc etc to watch for trademark infringements on a daily basis .

I have been contacted on a couple occasions to ck the origin of my product line for 1/1 parts.


Edited by gtx6970, 27 March 2013 - 04:46 AM.


#45 Rob Hall

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Posted 27 March 2013 - 06:03 AM

please tell who you are talking about, I have never heard any thing bad about modelhaus or people not getting their orders from them.

I've never had a problem w/ the Modelhaus.  One of the best in the business, IMO.



#46 george 53

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Posted 27 March 2013 - 06:20 AM

If you HAVEN'T read about OR burned by so called "Reliable Resin's" yet, you WILL be. look at the threads about him!


Edited by george 53, 27 March 2013 - 06:23 AM.


#47 Rob Hall

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Posted 27 March 2013 - 06:26 AM

If you HAVEN'T read about OR burned by so called "Reliable Resin's" yet, you WILL be. look at the threads about him!

What does RR have to do with the Modelhaus?   Post #41 refers to Don Holthaus..


Edited by Rob Hall, 27 March 2013 - 06:26 AM.


#48 MAGNUM4342

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Posted 27 March 2013 - 06:41 AM

I can only speak for the Mopar licensing side .

But I was told a few years back from Trademarketing Assoc (mopars trademark watchdogs btw)

 

To obtain approval of an intended  licensed subject depends on the intended subject. But somewhere in the $1800- $ 2500 range to get you started and appox 3% of the retail sales amount PER item to be licensed. IF Approved.

 

BUT, I also have been told they will sign off on it at no costs ,,,,,,,  ' IF '   the projected sales numbers will be considerably low ( under 50-100 pieces per year and/or if the retail is going to be extremly low , under $10 retail per item as an example )

 

This is probably how the model cottage industry gets away with no licensing fees. In some cases it's simply not worth the man power to go after little fish.  

 

PS, Also, trust me, people are paid to do nothing but monitor boards like this,,, ebay,,,, internet chat rooms etc etc etc to watch for trademark infringements on a daily basis .

I have been contacted on a couple occasions to ck the origin of my product line for 1/1 parts.

And after several posts in the Mopar or Nocar thread...you never thought to mention this to me? Thanks alot. <_< 



#49 gtx6970

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Posted 27 March 2013 - 08:45 AM

And after several posts in the Mopar or Nocar thread...you never thought to mention this to me? Thanks alot. <_< 

 

 

This is not meant as a bash so please don't take it as such.

If you didn't think about the pitfalls of producing a licensed product when you got started you have not done your homework. and  It's not my job to do your homework.

 

That said , Licensing issues come into play when your making parts / items with licensed trademarks on them and reselling for profit. Hubcaps with the word Dodge on them as an example. 'Dodge' is a licensed trademark, the hubcap isn't.

 

Reproducing parts from a long ago avail model kit , I doubt they'll  even worry about . Using your 1970 Charger grille 'as an example' .

 

I don't dare say I know all the in's and outs of licensing and it's nuances,,,,, becasue I don't. Only what I know by talking to the people at Trademarking Resource Associates in  Detroit . Even then it's only been when they've contacted me.

 

Like I said, I highly doubt they would even worry about you as a whole, but IMO call them and let them know your intentions.

 

BUT ( and theres always a but ) , should you decide to produce say an entire kit ( 1977 Charger as an example. ) My gut says they will want there share, but I could be very wrong on either account.

 

My previous shifter ball idea required no licensing , it bore no licensed trademarks on it in any way shape or form.

 

I know someone who made shirts with the Roadrunner and Willie Coyote figures on them. He received a letter telling him to stop and destroy all merchandise or pay licensing fees on such. But that was from Warner Bros , not Mopar......... true story.


Edited by gtx6970, 27 March 2013 - 09:37 AM.


#50 MAGNUM4342

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Posted 27 March 2013 - 09:29 AM

Oh yea, Bench seat for the 1971 Duster and I'm in.

 

 

This is meant as a bash so please don't take it as such.

If you didn't think about the pitfalls of producing a licensed product when you got started you have not done your homework. and  It's not my job to do your homework.

 

 

First line: I'm sure you meant "This is NOT meant as a bash..."?

 

Second line: No, it is not your job to do MY homework, but if it's the case where you stated they have come to you before, I would have thought in all that discussion you would have, as a courtesy, mentioned this to me. Especially after bringing up things like "Oh yea, Bench seat for the 1971 Duster and I'm in." You were one of the more vocal members in that thread and it just stands to reason you could have mentioned all the above before now. I have done homework but no amount of homework could have prepared me for "PS, Also, trust me, people are paid to do nothing but monitor boards like this,,, ebay,,,, internet chat rooms etc etc etc to watch for trademark infringements on a daily basis".

 

That's all i'm saying. Help a guy out, give a brother a break.



#51 gtx6970

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Posted 27 March 2013 - 09:40 AM

 

That's all i'm saying. Help a guy out, give a brother a break.

 

 

Point taken, didn't really think about it to be honest.  And to be honest I highly doubt you'll have any issues ,,,see the  ' little fish comment '



#52 MAGNUM4342

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Posted 27 March 2013 - 10:14 AM

I was going to send you a P.M. but I think it's more important for the board to see how this whole thing was worked out in public. Gentleman to gentleman. I agree with the "little fish" comment, although each and every one of us do aspire to be the big fish, otherwise what's the point right? I'm sure I will be having more than one conversation with Mother Mopar in the future and you all have my word I will do what I can to continue doing what I do.

 

If I get big enough that Chrysler corporation feels it's due something i'll swim that river when I get to it. :) 



#53 1972coronet

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Posted 27 March 2013 - 03:45 PM

SpkGibson , et al.  - While I certainly agree that  "Imitation is the greatest form of flattery" , I also completely understand where Steve's coming from ; I absolutely empathise with this righteous assertion that (to paraphrase) : " I don't want someone turning out [my 1972 Demon grille] as a poor attempt at copying my original part..."

 

Personally , I had some of my artwork plagerised ; and , no , I wasn't very happy .

To wit : the elementery school I attended (1975-1982) had a Lynx mascot . In 1980 , the school held a contest to see who could design the best illustration of a Lynx , and said illustration would be chosen as the school's newsletter's header .

I won the contest ; all was good .

Fast-forward to c.1985 . One of my sister's friends went to the same school where I created their mascot . On a t-shirt she was wearing was the school's name , and my Lynx design !

Too add "insult" , my signature was ostensibly missing !

 

At first I was irritated ; then , the more I thought about it , I concluded that , "Imitation is the greatest form of flattery" !

 

I know , apples-to-oranges . However , the sentiment is the same : the creator of "x" original item , etc. , should feel that righteous sensation of "Don't mess with my design !" .

 

Please keep on creating your awesome parts for our beloved scale MoPars , Steven ! Your work is nothing short of amazing !



#54 spkgibson

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Posted 28 March 2013 - 10:57 PM

SpkGibson , et al.  - While I certainly agree that  "Imitation is the greatest form of flattery" , I also completely understand where Steve's coming from ; I absolutely empathise with this righteous assertion that (to paraphrase) : " I don't want someone turning out [my 1972 Demon grille] as a poor attempt at copying my original part..."

 

Personally , I had some of my artwork plagerised ; and , no , I wasn't very happy .

To wit : the elementery school I attended (1975-1982) had a Lynx mascot . In 1980 , the school held a contest to see who could design the best illustration of a Lynx , and said illustration would be chosen as the school's newsletter's header .

I won the contest ; all was good .

Fast-forward to c.1985 . One of my sister's friends went to the same school where I created their mascot . On a t-shirt she was wearing was the school's name , and my Lynx design !

Too add "insult" , my signature was ostensibly missing !

 

At first I was irritated ; then , the more I thought about it , I concluded that , "Imitation is the greatest form of flattery" !

 

I know , apples-to-oranges . However , the sentiment is the same : the creator of "x" original item , etc. , should feel that righteous sensation of "Don't mess with my design !" .

 

Please keep on creating your awesome parts for our beloved scale MoPars , Steven ! Your work is nothing short of amazing !

well after having an Angina attack....And seeing a Cardiologist  Tuesday .....And findin out.....I have NOTHING wrong with my heart....After worrying about it for 8 years.....It was as if I got another chance to live  a long productive life....Me and my Wife Kelly are ecstatic......So now I need to calm down . Anyways...I still have alot of ideas for parts...I just couldn't let down my other family ....You guys on here.....Things do happen in life for a reason....And it's to short to worry about trivial stuff.....Here's a tip for anyone building the '71 Scamp remove 1/4 inch off the back mid quarter...doing so little mod will in fact make the body exactly like the real car....That's how much longer the body is...Then it should be...Also....When it comes to the grill for the car....Cut the Duster 340 grill out of the chrome part....And do the same to the Valiant/Scamp grill.....And now you have the insert to use in the Chrome part....And also....It's alot easier to detail the grll..



#55 MAGNUM4342

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Posted 29 March 2013 - 07:25 AM

Very glad to hear of the upswing in your health issues steve. It's always good to hear from a modeling brother that things are nowhere near as bad as they thought. :) 



#56 Ju Ju

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Posted 29 March 2013 - 01:19 PM

well after having an Angina attack....And seeing a Cardiologist  Tuesday .....And findin out.....I have NOTHING wrong with my heart....After worrying about it for 8 years.....It was as if I got another chance to live  a long productive life....Me and my Wife Kelly are ecstatic......So now I need to calm down . Anyways...I still have alot of ideas for parts...I just couldn't let down my other family ....You guys on here.....Things do happen in life for a reason....And it's to short to worry about trivial stuff.....Here's a tip for anyone building the '71 Scamp remove 1/4 inch off the back mid quarter...doing so little mod will in fact make the body exactly like the real car....That's how much longer the body is...Then it should be...Also....When it comes to the grill for the car....Cut the Duster 340 grill out of the chrome part....And do the same to the Valiant/Scamp grill.....And now you have the insert to use in the Chrome part....And also....It's alot easier to detail the grll..

I hope it wasn't because someone copied those parts that caused your angina to attack you ?



#57 MAGNUM4342

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Posted 29 March 2013 - 03:25 PM

I hope it wasn't because someone copied those parts that caused your angina to attack you ?

Okay...someone has to say it...might as well be me...That's bad juju! :D  My aunt Gina attacked me once but I had it coming. I called her fat. :huh: 


Edited by MAGNUM4342, 29 March 2013 - 03:25 PM.


#58 spkgibson

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Posted 01 April 2013 - 12:20 PM

I hope it wasn't because someone copied those parts that caused your angina to attack you ?

No that wasn't the cause....Stress from taking care of my mother....She had a stroke last April.....And it's a pain dealing with her.....She's a mess even with hospice care.



#59 oldcarfan

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Posted 05 April 2013 - 03:34 PM

I knew  a guy a few years ago who would buy memorabilia (Star Wars and Star Trek stuff) and figures that other people had made. He would make a mold of it to sell on Ebay and at shows. He was pretty bold about it, sometimes he wouldn't even take the copyright off of the legit stuff before making a mold.  He said that the big guys were too busy to pick on a little guy like him.