"DS" Logo

Moderator: GreenLake

"DS" Logo

Postby ChrisB » Thu Apr 17, 2014 11:36 am

Not sure where to post this question so I'm posting in Miscellaneous.

Is the "DS" logo copyrighted or trademarked by the association? Section 2.1 of the constitution defines the emblem but does not claim copyright. I'm looking to have tee shirts made up with the DS logo on the front and a pic of my boat on the back but I'm not sure if I can use the logo.
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Re: "DS" Logo

Postby GreenLake » Thu Apr 17, 2014 2:24 pm

As long as you are not using this as a mark for your own product, I wouldn't worry too much. The DSA is probably just thrilled if you market the class a bit by showing off your boat. Was your plan to do just a few for your crew or did you think it was of wider appeal? (Would depend on the photo, I presume).

Also, as soon as you have your boat on there, it has a logo on the sail, and there, again, you are putting the logo on the shirt...
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Re: "DS" Logo

Postby ChrisB » Thu Apr 17, 2014 2:54 pm

GL,

It would be for me and my crew; personal use only.

Chris
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Re: "DS" Logo

Postby GreenLake » Thu Apr 17, 2014 7:13 pm

@ChrisB - out of curiosity, I tried to find out whether anybody asserts trademark rights for the logo and have not been successful. The DSA does not on either website or the DS Quarterly, the current builder does not appear to make such assertions either. Make of that what you want.

I don't speak for the DSA, but I can't imagine why your particular personal use should interest anyone. In fact, if you were to ask them for formal permission, that might actually create a problem....

One design classes are an interesting type of product, because the class association is in charge of confirming the "class-legal" status. That makes a difference in terms of who might abuse the rights in a mark, say, for a competing product. If a competitors product is not class-legal, then it's worth a lot less, no matter what logo is on the sails. This would be the total opposite of the designer handbags, where the status is entirely conferred by the logo (and that's why some bags are indeed covered with it :D)
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Re: "DS" Logo

Postby Bob Damon » Fri Apr 18, 2014 10:50 am

I do not think the class association owns a copyright for the logo. if anyone does, it would be O'day or their subsequent assigns, but all of them are out of business. It may not be a bad idea at some time in the future for us to get a copyright on the logo but for personal use, I see no problems. At one time, there was a person selling logo items (caps, shirts, etc) via an ad in the DS quarterly and there were no problems at that time.
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Re: "DS" Logo

Postby GreenLake » Sun Nov 03, 2019 10:48 pm

Learned something new, since. Apparently logos may not be copyrightable in the US; but their use remains governed by trademark law, if they are trademarks.
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