Alps metal sticker - legal?

User avatar
Menuhin

04 Feb 2019, 11:42

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If I create a metal sticker for just the upper part of this old and no longer used Alps logo, will this be legal?

If not, how much tweak should I make to this design before such a metal sticker can be legally produced?

User avatar
Chyros

04 Feb 2019, 13:02

Hmmm, hard to say tbh. I asked a company about making copies of Zenith's old metal badges. They didn't want to do it, until I told them the company had been dissolved years ago. But Alps is still trading. Then again, it's not their logo anymore. And it's not for a commercial purpose.

Really no idea xD .

User avatar
derzemel

04 Feb 2019, 13:23

Chyros wrote:
04 Feb 2019, 13:02
Hmmm, hard to say tbh. I asked a company about making copies of Zenith's old metal badges.
so... did they make them? :D ... can I get my hands on ta red badge? :P

User avatar
Chyros

04 Feb 2019, 13:53

derzemel wrote:
04 Feb 2019, 13:23
Chyros wrote:
04 Feb 2019, 13:02
Hmmm, hard to say tbh. I asked a company about making copies of Zenith's old metal badges.
so... did they make them? :D ... can I get my hands on ta red badge? :P
No, it turned out to be much too expensive, at least for my own use. If I find a similar service here in the Netherlands, I might see if I can get a small group buy started :) .

User avatar
Menuhin

04 Feb 2019, 14:11

Chyros wrote:
04 Feb 2019, 13:02
... Alps is still trading. Then again, it's not their logo anymore. And it's not for a commercial purpose.

Really no idea xD .
Exactly.
And I think a while ago some custom PCBs in some GB reused this old logo of Alps also.

I think such a metal sticker if legally made will have a market, say at least for a group buy.
Then for those custom boards sporting Alps switches, there can be a cool sticker.

User avatar
Sup

04 Feb 2019, 19:00

I don't see it being illegal since i see people making those Alps logo's that you can sew on your backpack and they are selling them for a long time. If they don't know they don't miss anything ;)

User avatar
St0ckz

04 Feb 2019, 19:08

"tonight at 8, a man was arrested last night after charges were brought by an electrical component manufacturer for breaching copyright laws on their logo they stopped using in 1980, the accused said this as he was arrested by the FBI: 'I was just trying to make a sticker... it's a victimless crime!'"

User avatar
kbdfr
The Tiproman

05 Feb 2019, 13:49

Chyros wrote:
04 Feb 2019, 13:02
[…] Then again, it's not their logo anymore. And it's not for a commercial purpose. […]
Even if it's not in use, it clearly still is their logo. They might plan to release own replicas of their old switches/boards (as a matter of fact, they might not have ever thought of that but could do in the future).

The fact that it is not for a commercial purpose (which, by the way, would be the case only if someone reproduces it exclusively for one's own use or as a gift) does not play the slightest role. The only relevant aspect is the prejudice actually or possibly caused to the rightful owner of the intellectual property.

Plus, how do you ensure nobody will buy your stickers and use them to sell worthless keyboards labeled as "Alps"?

Menuhin wrote:
04 Feb 2019, 11:42
[…] will this be legal?

If not, how much tweak should I make to this design before such a metal sticker can be legally produced? […]
At least so much that it cannot be identified as or mistaken for the legit one.

User avatar
Sup

05 Feb 2019, 15:05

Here is the patches i was talking about. This dude has been selling it on mech market and so far i know he isn't in jail :).

https://imgur.com/a/QJZIJNe < Same logo as what OP posted.

User avatar
vvp

05 Feb 2019, 15:32

Allegedly, if a trademark is not defended than it is lost.
So if the guy does not get cease and desist letter for long enough and his logos are known enough then the logo becomes free.
Make the logos through a small LLC and if the logo gets defended then the LLC will go under :)
... or talk to a lawyer to be somewhat sure.

User avatar
Menuhin

05 Feb 2019, 15:58

kbdfr wrote:
05 Feb 2019, 13:49
...
Menuhin wrote:
04 Feb 2019, 11:42
[…] will this be legal?

If not, how much tweak should I make to this design before such a metal sticker can be legally produced? […]
At least so much that it cannot be identified as or mistaken for the legit one.
Then this is the loophole and debatable part.
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Which also means the one who can and who are willing to pay more legal fees for court cases will win.

User avatar
Menuhin

05 Feb 2019, 16:02

Sup wrote:
05 Feb 2019, 15:05
Here is the patches i was talking about. This dude has been selling it on mech market and so far i know he isn't in jail :).

https://imgur.com/a/QJZIJNe < Same logo as what OP posted.
I've seen this one.
Apart from the color is a bit too different, I thought, how I can apply this? Sew it onto my keyboard? Use two of those at the bottom of the case as bumpon replacements..? Perhaps only when I have a keyboard sleeve that dedicate to Alps board then it can be more useful to me.

User avatar
vvp

05 Feb 2019, 16:05

Menuhin wrote:
05 Feb 2019, 16:02
I thought, how I can apply this?
Glue it on the top of the keyboard. There is no point putting it on the bottom. Nobody will see it there.

User avatar
depletedvespene

05 Feb 2019, 16:07

vvp wrote:
05 Feb 2019, 16:05
Menuhin wrote:
05 Feb 2019, 16:02
I thought, how I can apply this?
Glue it on the top of the keyboard. There is no point putting it on the bottom. Nobody will see it there.
It's an unassuming patch, duh. :mrgreen:

User avatar
kbdfr
The Tiproman

05 Feb 2019, 16:27

Menuhin wrote:
05 Feb 2019, 15:58
kbdfr wrote:
05 Feb 2019, 13:49
...
Menuhin wrote:
04 Feb 2019, 11:42
[…] will this be legal?

If not, how much tweak should I make to this design before such a metal sticker can be legally produced? […]
At least so much that it cannot be identified as or mistaken for the legit one.
Then this is the loophole and debatable part.
Image
Which also means the one who can and who are willing to pay more legal fees for court cases will win.
Another example, which by the way shows my explanation was not complete as it failed to include the "dilution" argument (basically: the use of a very similar logo induces a loss of impact, and thus of worth, of the original logo)

Image

And yes, as long as (and only as long as) the logo owner does not sue you, you're perfectly safe :lol:
That's something I personally wouldn't want to bet on.

Why don't you simply ask Alps for permission?

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