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Gitty (Ben) can provide the details, but generally utilizing a container like a tin or cigar box is not a problem. The trouble was using a Jack Daniels sign as a soundboard for a guitar. It is a trademark/license issue.
Practically, I don't think Jack Daniels or any other company has any real interest in suing people over this. However, if they don't defend their trademarks, then they essentially give up the protection offered by USPTO. That means some low-level corporate lawyers have to scour around and write letters to accomplish that.
I know of a few examples that have gone to court like Harley Davidson suing another motorcycle manufacture because they used the word Hog or Hawg - can't remember which. My recollection is that Harley lost that one. But it's just what they have to do.
Gitty's post is excellent. Maybe I should hang it on the wall next to his CBG Manifesto...
My take away is to increase my use of the (questionable) word "upcycled." No corporation wants to be creating packaging that clogs landfills and how could they object to the politically correct "upcycling" of the unfortunate detritus of their greedy capitalism? I think you could defend upcycling in the popular press and social media.
Sadly, Dustin, I'm too cynical to believe that a petition will lead to a solution. As outlined by the various writers here, the problems are complex and difficult to resolve.
That certainly doesn't mean that each of us should not email our federal-level representatives and senators requesting ongoing revision (and relaxing) of the unfortunate US laws governing intellectual property--both copyright AND trademark. It's the moronic copyright restrictions that do the most harm to creative musicians while profiting only the large corporations--many of whom reside outside the US.
when one includes , and looks at the the whole bigger picture here , many times other things are at play . for instance ;. Jack Daniels currently has a contract with a guitar company for a licensed Jack Daniels guitar . terms of this contract may include exclusivity . thus they may not only be enforcing their copyrights , but are bound by a law and a contract themselves .
the bottom line/summary of Ben's experience is this: he had hassles when he was making guitars from merchandise, not repurposed packaging.
As he says there, when it comes to repurposed packaging his advice is that the law is untested. How many thousands of instruments have guys made here with somebody's trademark on a repurposed package? thousands. Just do it. If you do get sued you'll be the first. Just don't be mixing a cohiba trademark with a swastika sound hole or a couple of nubile swedish backpackers double ending a banana because then you clearly would be asking for trouble, and this is exactly why the trademark owners do have some rights and it is a grey area, there are things that you might do which would make their product look bad.
advertising is all well and good , but advertising someone elses product and design to sell YOURS , or passing it off as yours or making it look as being "sponsored by" or affiliated with , to sell yours , (or seeming so ) is where the main problem lies .
nobody is going to pay (or continue to pay ) JD "X" sum of dollars for licencing , when they let any Joe Blow steal it for free . and do the same .
the "sale " is what causes the most legal issue here , most companys don't care if you ie: "make a guitar with their logo on it " . the problem arises when you are making it to sell.
then , beyond the selling issue , you get into product recognition , reputation , quality control , and affiliation issues .
if someone makes a JD guitar , and as it turns out , the oil used on the neck seeps into your skin and causes skin cancer etc .. and many folks die from it , JD's name goes down with it .and they are not insured against it.
etc etc . this may actually cost the company more money in ad campaigns announcing " not affileated with" and damage control ads....... even before hand .
or , if a company is green and is against animal testing or etc .etc.... and your product is the opposite , they wont want that implied affiliation .
etc etc etc etc ..
"proud sponsor" carries alot of weight .
i'm sure you wouldnt want your name on something you havent checked out thoroughly , or are you dead against . etc etc . or someone making money off your brand / name / design ... and you getting nothing .
another thing to consider when writting petitions ..:
A stoner grows pot in his back yard because he figures it should be legal , starts a petition , , stoner now gets raided and busted every week . and monitored ( along with all his contacts / websites on the petition he supplied) .
:-/
Oh don't regret it mate if it got some interesting responses, not at all.
I wouldn't be sorry. The takeaway is that it probably isn't necessary. Ben probably got attention because he runs a good size e-commerce site along with a community website or two (or however many) and has an Amazon webstore too. Pretty easy to see the spotlight. Some individual builder making their own theme guitar, or eve selling the odd one or two likely won't get any attention at all so long as it isn't passed off as endorsed, sponsored by or affiliated with the brand.
For an example, I have made several Milwaukee Sawzall tool box guitars. One is being played professionally on stage and one is my main player. Milwaukee Tool in the US, Australia and Asia are all over my Instagram page - usually throwing in a like or a comment. If they felt like me repurposing their container to make a guitar where I prominently mention and display their logo was a trademark infringement (or one they were concerned about) then I'm sure I would hear about it directly. I try to be careful to call my guitar a "Milwaukee Sawzall Box Guitar", not a "Milwaukee Sawzall Guitar." I still should probably use a Trademark recognition.
So keep using the tins, boxes, or whatever. Just don't put them up on Etsy, Amazon, CafePress, (probably Ebay) or another big e-commerce site, and don't pass them off as affiliated with the corporation.
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