homemade nfl logo patches

goraiders

anybody see these on ebay?at least the seller is honest about it,

doesnt mean the next one will be though.

230220388051=ebay id is7mmnm7

Bottom9th

Link

Pretty creative if you ask me. Of course, you're probably right Raiders. Someone will buy them and pass them off as legit. You can almost bet on it.

AnkurJ

Well its nice that the seller is honest about it.
Ankur

Stone193

Kind of interesting.

I wonder how many "property" rights have been infringed making that sucker?

mike

goraiders

i was wondering the same thing?

JeremyDie1

<< <i>Kind of interesting.

I wonder how many "property" rights have been infringed making that sucker?

mike >>



Excellent observation Mike. How would this be any different than selling the NFL logo product on homemade tee shirts?

ripkenintheminors

As mentioned, at least the seller admitted that it's not legit. However, there are a lot of sellers making a lot of coin with auctions like these. Some of them even go so far as to stamp 1/1 on the cards.

gumbyfan

<< <i>Kind of interesting.

I wonder how many "property" rights have been infringed making that sucker?

mike >>



I don't think he's infringing on any property rights. Although not "game worn" the patch does look like it was an official product of the NFL. If it was a knockoff patch that wasn't licensed, then we'd be looking at property rights infringement. At least that's what I believe the case to be.

He calls it art and is honest about the origin. Sure, a less than honest person could buy the card and try to flip it as authentic, but if someone is that shady, what is to stop them from buying 2 base cards, an NFL logo patch and making their own?

Just my loose change...
Craig

JeremyDie1

<< <i>

<< <i>Kind of interesting.

I wonder how many "property" rights have been infringed making that sucker?

mike >>



I don't think he's infringing on any property rights. Although not "game worn" the patch does look like it was an official product of the NFL. If it was a knockoff patch that wasn't licensed, then we'd be looking at property rights infringement. At least that's what I believe the case to be.

He calls it art and is honest about the origin. Sure, a less than honest person could buy the card and try to flip it as authentic, but if someone is that shady, what is to stop them from buying 2 base cards, an NFL logo patch and making their own?

Just my loose change...
Craig >>




What about infringing the rights of Topps? He is not making his own card. He is using real Topps cards and than cutting them and placing these patches.

gumbyfan

<< <i>What about infringing the rights of Topps? He is not making his own card. He is using real Topps cards and than cutting them and placing these patches. >>



If the seller had actually created a new card using the Topps logo, that might be considered an infringement. I don't see how cutting a card and gluing a patch on it is anything more than artwork.

I have no interest in owning or manufacturing this type of artwork, but don't think he is stepping on any toes legally.

storm888

I suspect both TOPPS and the NFL would take a dim view
of the guys artistic endeavors.

Doing it for your own personal use is one thing. Doing
it for resale is another.

Stone193

I was thinking - first the patch wasn't official and second - cutting up a card - putting a fake logo or even real involves the player's association, the card company and the NFL property rights?

If he's just selling a few? No one will care - I was just thinking out loud.

BTW - does anyone remember a product sold in the early 90s where the same card silhouette was cut out 3 times and alined in a box so it looked like 3-D?

Can't remember if they were using Topps of UD cards? They were sued - can't remember the outcome?

mike

gumbyfan

<< <i>Doing it for your own personal use is one thing. Doing it for resale is another. >>



My last thought on this, and I'm really not trying to be sarcastic for a change....but if I have a card signed by a player and then sell it, am I infringing on the property rights of the company that produced the card? After all, I am altering the original appearance of the card. Is this much different?

Thoughts?

Stone193

<< <i>

<< <i>Doing it for your own personal use is one thing. Doing it for resale is another. >>



My last thought on this, and I'm really not trying to be sarcastic for a change....but if I have a card signed by a player and then sell it, am I infringing on the property rights of the company that produced the card? After all, I am altering the original appearance of the card. Is this much different?

Thoughts? >>



Good question - we need a lawyer for that one - my intuition - no.

The difference here - if there is a problem will probably lie in using an official or unofficial patch - modifying the card - and using it for resale.

My best guess? If using an official patch - you've paid the rights implied in the purchase - same for the card - so one should be able to do what they want with it? Even for profit.
mike

storm888

One of my EBAY friends was buying GENUINE Disney fabric
and sewing dresses. EBAY's VeRO scheme crashed her business.

Guideline: If the product you are selling bears the name or logo of a company, but it wasn't made or endorsed by that company, don't list it on eBay.

Violations of this policy may result in a range of actions, including:

Listing cancellation

Limits on account privileges

Account suspension

Forfeit of eBay fees on cancelled listings

Loss of PowerSeller status

/////////..........................................

It may seem heavy-handed, BUT I get it and it is fair.

Stone193

<< <i>It may seem heavy-handed, BUT I get it and it is fair >>

Me too Storm.

It appears simple - if company X sues the ebay seller Y for property rights infringment - they also get to sue Ebay who has way, way, way, way deeper pockets.

Right?

mike

storm888

" if company X sues the ebay seller Y for property rights infringment - they also get to sue Ebay who has way, way, way, way deeper pockets."

////////////////////////////////////////////

The VeRO scheme was implemented to prevent that very thing.

A VeRO Rep/Agent has absolute power over every seller-related matter that
pertains to the agreement between the VeRO member and EBAY.

A VeRO email to EBAY requesting that an item be removed is handled within
minutes - 24/7. Once EBAY receives the VeRO memo, EBAY cancels the listing
WITH NO investigation.

The matter is handled between the VeRO Rep/Agent and the seller. It is
cumbersome, can take weeks, BUT it is not impossible to convince the
VeRO person to reverse the decision. Successful appelants must start
their listing from scratch; the pulled listings are not restored by EBAY.

VeRO monsters are most active in the fashion/clothing categories.

Currently, the most ferocious and ridiculous VeRO claims are being brought
against sellers of merch from the GAP. To me, all of that stuff is carp, BUT
EBAY has limited the number of GAP items that can be listed at one time.
The same rules have always applied to all of the high-end designer merch.

The GAP? Like I am going to counterfeit some GAP carp.