Can I legally add Mercury, daiwa or lowrance to a nitro jersey? Just curious. I have a autistic brother who loves bass fishing and would love a custom jersey. Don't want to get sued.
Can I legally add Mercury, daiwa or lowrance to a nitro jersey? Just curious. I have a autistic brother who loves bass fishing and would love a custom jersey. Don't want to get sued.
2016 Legend V20 DC
Mercury 250 Pro XS
SN #2B124385 Model #1251P73BD.
12" Bobs hydraulic JP
68 gps, tourney loaded, full gear, full tank.
Croxton worked 3 blade 24P fury, 0 plugs.
Seastar Teleflex Pro Hydraulic steering.
(2) BT 10' white Talons.
Merc monitor.
MK Ultrex 112lb 36v TM.
Dual Lowrance HDS 9 touch gen3 at console.
Single Lowrance HDS 12 touch gen3 at bow.
LSS2 transducer
You are suppose to attain rights to them, but I bet all you gotta say is yes I do when they ask. I doubt any company would not give u those rights if asked.
Talk to Gemini.
Bryan McDonough
2023 Nitro Z21 XL
Nitro Team
I am just curious- how is a logo on a jersey any different that a sticker on your truck or boat, or a patch you sew on? Granted, you purchase a sticker or a patch, so does that purchase imply approval to use as you see fit?
#1 you paid for it, and they are selling it, U have all rights to that logo that you purchased. Reality is there are many people that have shirts that do not have rights to the logos. I get asked the question every time I order a Jersey.
Bryan McDonough
2023 Nitro Z21 XL
Nitro Team
When I was ordering jerseys for my club through Genesis, I had to get permission via email from several companies. In all cases, I was told if you bought a patch or decal logo, you could put it on anything and use it. If you wanted the digital version, then you had to get permission. It was easy and it was simply a matter of certain companies have custom or reserved logos for their sponsored professionals. Nitro was one of those and a perfect example is that KVD has his own Nitro logo and no one else could use it (the digital version).
USN Retired
2020 Basscat Caracal
2020 Mercury 225 ProXS 4s
You are required by law to secure the company’s approval. It is an easy process, all you have to do is ask.
Craig
USMC Retired
2019 Nitro Z18 w/Dual Consoles
2019 Mercury 175 Pro XS
Psalm 29:3 The voice of the Lord is upon the waters: the God of glory thundereth: the Lord is upon many waters.
ordered a jersey with my club logo and wanted nitro z21 logo and bass pro shops logo to look like KVDs jersey was told no on both accounts by basspro, the wont have to worry about me wearing any more Bass pro caps or shirts. You buy a 6o thousand dollar boat and cant put the z21 logo on a shirt seems crazy to me. did find out later my dealer might have got me permission but had already ordered the shirt, did talk to power pole and humminbird and they were more than happy to give permission you know free advertisement and all
While I'm a corp. atty who from time to time works in fairly-technical IP matters, this is NOT legal advice. Rather, as an interested fishing nut, here are a few of my off-the-cuff thoughts...
The Q is "Can I legally add Mercury, daiwa or lowrance to a nitro jersey?" What does this mean, exactly? That is, what are you doing, how did you procure the things involved in whatever you are doing, and how will whatever you're doing be used? There are several concepts and issues being crossed up/minced in this thread, and OP hasn't provided enough facts. Examples/things to consider...
1. Are you simply purchasing patches/appliques directly from the companies / licensed resellers, and applying them together on a shirt? If so, then this, itself, raises zero concerns. (Analogy: I buy a Patagonia, a Daiwa and a St. Croix sticker, and then affix them to my Yeti cooler... Obviously, I don't need any company's consent.). Is your concern grounded in the fact that the shirt you'd be altering is TM'ed "Nitro" and that you'd somehow be running afoul of its intended use? If so, then, again, this, itself, raises zero concerns. (Analogy: I buy a Bass Pro tee shirt and iron on a Gander patch over the BPS logo... Or maybe I buy it simply to use as a car wash rag... Or maybe I embroider my name on the chest pocket... I don't need consent from anyone.).
2. Are you a graphic designer, who intends to reproduce, without licensing, the logos of these trademarked brands? If so, and you are selling your goods, then you're infringing and certainly could be liable for damages. (Analogy: See the plight of counterfeit purse sellers on eBay.). If you're not selling your knock-offs - but simply wearing tee shirts for personal use - then the practical issue becomes more about how your use does or could cause public confusion. To this point, if I'm in the public eye (e.g., YouTube vlogger), then I might run the risk of receiving a cease-and-desist letter. If I'm not in the public eye, then I probably face a higher risk of getting hit by lightening than ever receiving a cease-and-desist letter. (Analogy: I scribble Bassmaster in Sharpie on my Hanes white undershirt, and wear it fishing every weekend on my local lake... LOL - no worries, obviously.).
3. Are you ordering a jersey with the requested logos from a vendor? If so, then, practically speaking, the onus largely falls on the merchant to ensure that the goods they sell are not infringing. One might find an eBay seller who will knock-off and produce anything one might like without question; however, I suspect that most of the "legitimate" merchants/producers of these sorts of things will have procured a license to apply the trademarks to garments for resale. The terms of the various licenses will govern how the logos may be used... (Analogy: I order a custom Dallas Cowboys replica jersey from a licensee, who allows me to print my last name on the back and to also include a Gatorade patch on a sleeve (custom jersey merchant is also a Gatorade licensee)... Obviously no issue.).
4. Lastly, it's worth pointing out that, in the case of one using trademarks to imply indicia of sponsorship, there are some other (albeit related) issues to consider... For example, if your brother starts self-marketing / making money by holding himself out as being sponsored / endorsed by these brands, then he risks crossing the line into trademark infringement. This ties back to the "risk of public confusion" point noted above...
In any event, just some personal thoughts...
Last edited by Greywalls; 01-23-2019 at 07:41 AM.
I ordered my Jerseys from Rayjus awhile back and picked out every logo I liked including Bass Pro, MLF, Triton, and on and on. it let me pick which ones I wanted. I don't understand the difference I guess. ican post pic of my jerseys if needed
Phil 4:19 2018 Nitro Z19, 200Pro Xs, Lowrance, Minnkota
Yes I have ordered from different places and they have permission from most Mercury etc. if they don't they will tell you.
Excellent explanation Greywalls. If you don’t understand what’s implied here, do yourself a favor...buy a sharpie and Hanes and deck yourself out.
Most of the companies like Rayjus that make these shits and other stuff already have permission to use their logos, so you don't have to get it yourself. Makes it very easy and not an issue.
will not name the company that made mine but they would not put anything without permission from companies.