Cant sell certain decals any more

[Greg Hahn]

Sorry to here that Wes what a crock. I sent this to the president of the company that I work for, we are a nation wide construction company with over 1000 employees and he has emailed the entire company to ban the buying of DeWalt tools. He also owns a directional boring company that will adopt the same policy. This is only 2 companies but with a little help things like this could defiantly hurt this tool company.

I don't blame all for now having disdain for Dewalk but it might not be Dewalk that's behind it. I know from experience there are many ambulance chasers (crummy lawyers) out there that constantly search for logo infringment and when they find it they go after any and all. Some will pay and some won't. They play the percentages game. Anything that's collected they keep a big cut and send the small balance to the company. We dealt with this constantly at Hobbico and Horizon.

One tip that what Wes has encountered is one of those lawyer deals is the fact it's 22,000 dollars. Every time I've run into this crap it's alway 20,000 to 25,000 dollars. At that small dollar figure, no one is really going to sue either way

It would cost twice that much to litigate a suit such as this and it would take two years to get it in front of a Judge.

Just my experience

gh

 

[Grimracer]

Thanks Scott Bro...

Let Freedom Rein

At the toledo show this year the top airplane was two tone brown with a very carefully made set of JPS decals on it..(the name of the company that makes the plane kit) You had to look close to not see that it was not UPS.. Funny stuff..

Grim

 

[Ron Olson]

Here's the plane that Mikw was typing about. Also notice the variation in the rest of the logo.

Problems are also arising as some companies will also copywrite the entire font style. If you've ever been on sites like 1001fonts.com they will change the name of the font just so they don't get into trouble.

 

[Bigbird]

So we all agree on a Dewalt BOYCOT...Make it loud and proud on every site we visit. Remember Black n Decker is also a Dewalt product.

BB

 

[My Gypsy]

Just bought a new DeWACK jig saw. Guess what? It's going back.

 

[piper_chuck]

So we all agree on a Dewalt BOYCOT...Make it loud and proud on every site we visit. Remember Black n Decker is also a Dewalt product.
BB

Great idea! Let's do what we can to put yet another US company out of business! All because they are asking someone to not infringe on their copyrights as part of his business in supplying graphics for our toy boats. Pardon me if I don't join in this boycott. :angry:

The right thing to do here is to politely approach them with an explanation of exactly what the business is, how it helps Dewalt and to show them how they get free advertising as a result. They have a sponsorship link on their web site and since they do sponsor racing, there's a good chance they'll see a reason to allow these graphics to be made.

 

[JOE P.]

Unfortunately I use one 1/2" drill that is dewalt, happens to be the better design for drillin' big holes in new homes,many plumbing contractors use them. I wish there was an equal, I'd drop that mutha in a hot second.

Makita! This is your moment,, Strike!

For a drill driver with impact and a light when you touch the trigger, outfitted with Torx,, OoOOo La La, Magnifique!

http://www.makita.com/en-us/Modules/Tools/...ils.aspx?ID=151

I built a new deck with my Makita 9.6volt. I fell into the pool with the drill, all the way to the bottom. I let it sit in the sun for about an hour and started using it again. It is still my drill I use today. Maybe I'll make my sport 20 a Makita boat.

BB

Ive used the same Makita 9.6 daily (im a auto tech) for 11yrs since 9.6 was the strongest their was!

it still drills like it did the first day, even uses the same two batteries it came with. MAKITA=BEST

Makita may cost a little more but everyone knows the saying...DEWALP TOOLS SUCK...

 

[Bigbird]

So we all agree on a Dewalt BOYCOT...Make it loud and proud on every site we visit. Remember Black n Decker is also a Dewalt product.
BB

Great idea! Let's do what we can to put yet another US company out of business! All because they are asking someone to not infringe on their copyrights as part of his business in supplying graphics for our toy boats. Pardon me if I don't join in this boycott. :angry:

The right thing to do here is to politely approach them with an explanation of exactly what the business is, how it helps Dewalt and to show them how they get free advertising as a result. They have a sponsorship link on their web site and since they do sponsor racing, there's a good chance they'll see a reason to allow these graphics to be made.

You must work for Dewalt...sorry

To bad they didn't extend that hand to Wes before sending him a bill for $22000.00. Dewalt is an underhanded organization that should be delt with the American way...BOYCOT

 

[P THOMAS]

So we all agree on a Dewalt BOYCOT...Make it loud and proud on every site we visit. Remember Black n Decker is also a Dewalt product.
BB

Great idea! Let's do what we can to put yet another US company out of business! All because they are asking someone to not infringe on their copyrights as part of his business in supplying graphics for our toy boats. Pardon me if I don't join in this boycott. :angry:

The right thing to do here is to politely approach them with an explanation of exactly what the business is, how it helps Dewalt and to show them how they get free advertising as a result. They have a sponsorship link on their web site and since they do sponsor racing, there's a good chance they'll see a reason to allow these graphics to be made.

Yea really this would just show damage to dewats bussiness probally should just delete the whole thing.

 

[piper_chuck]

So we all agree on a Dewalt BOYCOT...Make it loud and proud on every site we visit. Remember Black n Decker is also a Dewalt product.
BB

Great idea! Let's do what we can to put yet another US company out of business! All because they are asking someone to not infringe on their copyrights as part of his business in supplying graphics for our toy boats. Pardon me if I don't join in this boycott. :angry:

The right thing to do here is to politely approach them with an explanation of exactly what the business is, how it helps Dewalt and to show them how they get free advertising as a result. They have a sponsorship link on their web site and since they do sponsor racing, there's a good chance they'll see a reason to allow these graphics to be made.

You must work for Dewalt...sorry

To bad they didn't extend that hand to Wes before sending him a bill for $22000.00. Dewalt is an underhanded organization that should be delt with the American way...BOYCOT

Let's see if I have this right. Dewalt found someone profiting from the use of THEIR trademarks and you call them underhanded for telling him to stop? When did using someone else's trademarks without permission become the "American way"?

 

[Wesleys Custom RC]

This is nothing new. Companies get very protective of their logos. We as modelers take a very lax attitude about it and think that they will be happy with the "free" advertising. Not so. I just bought a Thunderboat with Harley Davidson all over it. I will try not to make a big deal out of it because I know they are a company that likes to protect their log as well.
Bottom line is we have absolutely no right to use the logo of any company without prior permission. They get very picky when you are doing it to make money, less so when it s for personal use. People can argue about this all they want, but I have been around this issue for a long time and I can tell you that it very rarely goes in the favor of the modeler.

How about this, there was a guy a few years back making small RC gliders of various warbirds. The P-38 was one of them. Lockheed heard about him and put the strongarm to him. He ended up paying a $250 fee for one year, then the next year they came back and wanted $25,000. He sold these planes for $100 and sold about 75 or so per year. I have endless stories like this.

Like I said, the simple fact is despite how much we think it is wrong, we simply cannot use any legally protected logo, etc. without prior permission, and especially so if you are making money off it (the amount is irrelevant).

I understand your point and I would not want someone selling duplicate stuff under my name or making a large profit for that matter. I was doing neither! I made 2 sets of those decals. 1 for my boat and the one I sold to the under cover guy. So if a 3 year old used some common sense they would see that the negative publicity just might out weigh their "principle" in this matter any way. The attorney fees to come down here from Indy would be more than what they are demanding. If Joe Schmoe were making a yellow drill and asked me to make him "those" decals to counterfit another mans product I would say no. Why, because I have morals and common sense. Something that is hard to find in the legal world today. If Goliath wants to come here after david then they can bring it on. All they can take from me is money. I can make more but they better not forget what is in my left hand...

 

[Ron Olson]

Ok, back to square one. Did you pay money for a program that included the DeWalt logo in it? If so, the people who sold the disc had approval from them if they did everything above-boards. Anyone using the decals on their boats must have had a reason to as they probably bought their tools and liked them. Putting those decals on your boat showed that you liked their product enough to use them, free advertising for them. What's their beef? Now they went from having fans of their products to people wanting to boycott them.

 

[Bigbird]

So we all agree on a Dewalt BOYCOT...Make it loud and proud on every site we visit. Remember Black n Decker is also a Dewalt product.
BB

Great idea! Let's do what we can to put yet another US company out of business! All because they are asking someone to not infringe on their copyrights as part of his business in supplying graphics for our toy boats. Pardon me if I don't join in this boycott. :angry:

The right thing to do here is to politely approach them with an explanation of exactly what the business is, how it helps Dewalt and to show them how they get free advertising as a result. They have a sponsorship link on their web site and since they do sponsor racing, there's a good chance they'll see a reason to allow these graphics to be made.

You must work for Dewalt...sorry

To bad they didn't extend that hand to Wes before sending him a bill for $22000.00. Dewalt is an underhanded organization that should be delt with the American way...BOYCOT

Let's see if I have this right. Dewalt found someone profiting from the use of THEIR trademarks and you call them underhanded for telling him to stop? When did using someone else's trademarks without permission become the "American way"?

Wes is not using their trademark, He is making stickers for toy boats. We have a hobbie that requires us, the 1/8th scale class, to get trade names to run a class of boat. There is no profit. It's a HOBBIE. Dewalt jumped off trhe deep end and we as consumers have the right not to support their product. That's the American Way..

BB

 

[Darin Jordan]

Hmmm... So does all this mean I should or have to repaint my 1/10th scale in order to continue racing it without getting sued???

 

[Richard Dahlheimer]

Hmmm... So does all this mean I should or have to repaint my 1/10th scale???

I just checked the label on my debarf palm sander,and it says........... MADE IN MEXICO Just another example of a US based company using cheap foreign labor. Got to keep the ceo cfo in the big big bucks. Free trade???????? Richard D

 

[Mike McKnight]

Guys there are some undisputable facts here:

1. Wes was not making a huge profit from the use of their logo. Yes BB he did use their trademarked logo and so did I while I did graphics. I only did a couple of those as well. It wasn't a big seller. $22,000 is a ridiculous amount and a judge would never agree to that.

2. DeWalt is involved. Even the biggest snake of a laywer cannot sue for trademark infringement without the approval of the owner of the trademark. Any approach to them will be futile because they don't care. Besides with the economy the way it is they are gonna take money wherever they get it.

3. Chuck, DeWalt is an American company that has their tools made in China and Taiwan. I know because I saw the sticker on a drill I had. They are contributing to our trade deficit. I could care less if they are hurt by a boycott.

It is plain and simple a BS mob tactic that I have dealt with for years in the sound and video business with licensed music. ASCAP and BMI try to bully studios like me and anyone they think they can scare into a settlement out of court. In this case unless the Federal Trade Commission is involved with this they are trying the bullying routine. In the case where I had a complaint filed against me for the graphics, I actually got the FTC involved because I was certain that I was being bullied. I actually had two complaints...one was from a beer company (not Budweiser) and the other was from NO FEAR sportswear. Both complaints were dropped because I had a licensing agreement from the company that sold me the logo library and I could prove that there was next to no profit from what I was doing. Plus it was for my own use. I then turned and sued the beer company and recovered most of my legal fees.

Boycott...sure I'm in. Wes tell them to shove it and if they persist get a lawyer.

 

[Darin Jordan]

Looks like the easiest transition for me would be to the 1999 or 2000 Miss Madison... I don't suppose they'd get their laywers after me, eh??? :huh:

Wes... do you have the Miss Madison graphics packages available for 1/10th scales???

 

[Charles Perdue]

Heck Yea, and when I watch Nascar racing, every time that Matt Kenseth comes by, I am going to put my hand over my eyes.

Charles

 

[Wesleys Custom RC]

Hmmm... So does all this mean I should or have to repaint my 1/10th scale in order to continue racing it without getting sued???

One of their demands are, and I quote:
3.On behalf of Black & De<ker we demand that you voluntairly surrender to continental all infringing items in your possession.....This includes WITHOUT LIMITATION, any heat transfers, ....photographs, positives, negatives....or other means of reproducing such trademark designs

4. Cooperate with Continental representatives concerning the investigation of any other parties..... with which you have sold merchandice to....

In other words, if you have a pic. then you are busted! at least thats how I read it.

Yes Dewelt may be an American company but so am I.

ps don't worry, Im not cooperating or turning over info about anybody other than the dingy at Continental that I sold the decal set to.

 

[jwo]

Dewalt SUCKS!!!! yes all of there products are made overseas. another reason to buy MAKITA. most all of there products are made here in the good ol USA.