Making Replacement Badges Illegal?

[daniel123]

I just heard from flakeysaqua that he may no longer be making replacement badges due to fear of being sued!? I had just removed my 170 badges from my 71/72 to ship to him so he'd have a 170 mold and I'd have new badges and he said he was no longer able to make them and was in touch with an attorney for advice on whether or not he could continue. Anyone have any thoughts or input on this? There are guys on eBay selling current Aquasport decals; why would making replacement badges for older boats put you in any legal trouble? From what I read here, Chris did a good job for a fair price for several members and I'd hate for us to lose that resource in the face of some scare tactics by someone. Can we help him out with good info?

daniel123

[fitz73222]

Who is going to sue? The corporation is gone and the assets have been divested...I look at it this way; as many boat companies that have popped a mold off of the 19-6 and 22-2's and are not in lidigation; what issue would it be to produce anything else of the Aquasport brand? Now if someone bought the copyright to it, maybe a different story...

[daniel123]

My thoughts exactly. But somebody's giving flakeysaqua 'legal' advice to the contrary...

[seabob4]

My thoughts exactly. But somebody's giving flakeysaqua 'legal' advice to the contrary...

Has there been some "issue" that has caused this advice?  In other words, has flakeysaqua heard from a representative of Irwin Jacobs?  Or is it just a buddy of his whispering "Copyright Infringement" in his ear?

[wingtime]

The company next to my office is making replacement Mako badges for the classic Makos and they don't seem to be worried about getting sued and Mako is still in business!  They are CNC cut and painted to look just like the originals.  I approached them to ask if they were interested in making Aquasport badges.  They would need one to work off of.  So if someone wants one I will approach them again on the subject.

I think your right about someone whispering in his ear about the copyright infringement.

[daniel123]

I've got a good 170 badge I just took off my 71/72 that I have packaged to send to flakeysaqua so that he can make me a set and make himself a mold of that model to have on hand. I could re-route to you if he doesn't want to continue producing them, but I don't want to take any work away from Aqua if he figures out he just got bad advance and wants to continue.

Daniel123

[wingtime]

I didn't want to take anything away from him either.  But the ones they are making for the Mako is a better plastic.  I'd still have to see if they are interested in making them.  (I'm sure they would be)

[Capt. Bob]

Not a lawyer nor did I stay in a Holiday Inn Express but if I were and had a client who was worried, I'd investigate the registered trademark dates for such things as decals and badges. Mine (decals) still have the circled R after the name. Looking at the font on my 84 CCP (can be checked online) shows the trademark expired in 89 and had not been renewed. I thought trademarks lasted forever if renewed every 10 years or so. Failure to do so allowed it to be public property (?) so maybe flakeysaqua doesn't have the problem he thinks. A little time on line (Google) might be the ticket.

[gran398]

Flkeysaqua and members,

The company is out of business, but an entity (or individual, as seabob mentions) may own the rights/trademark to the name.

I cannot however see an objection to reproducing something which already exists. Particularly since it promotes brand recognition with regard to future revival and production.

I would continue until you are contacted and asked for a royalty. Then, legal ownership of the trademark must be proven. If it came to that...you simply cease and desist.

Someone's blowing smoke.

 Keep up the good work.

[Capt. Bob]

I misspoke about the decal font. It's the actual name (Aquasport) that the registration was tied to. A quick search shows it was registered in 69 and renewed in 89. Haven't seen anything beyond 09 but I didn't spend a whole lot of time either.

[Mattakeese]

Thanks for all the time you are putting in on the badges. I would definitely order a pair of 170's for my 1973 17' if they go into production. Removing and duplicating the rivets will not be pretty, though.  Mattakeese

[seabob4]

Thanks for all the time you are putting in on the badges. I would definitely order a pair of 170's for my 1973 17' if they go into production. Removing and duplicating the rivets will not be pretty, though.  Mattakeese

To remove the rivets, drill the head off with a 1/8" drill bit, moving it around a bit (wallowing) until the head comes off.  Drive the remaining body in with a hammer and drift punch...

I worked in aerospace for 14 years.  Probably drilled out about 50,000 rivets in my life, both hollow stem and solid.  Just the nature of the beast in that business.  BTW, 99.5% weren't mine, just removing components...

[polski2]

So has it been determined if replacement emblems will be available? I could use a set for a 170?

[wingtime]

The company next to my office is working on making the replacement badges.  They have created the vector art/dxf file from Daniel123's emblem he sent to me.  They are working out the CNC programming now and hopefully we will have a sample badge soon.

[Kirk]

I would be interested in purchasing a set of the aquasport emblems too. I have a 17 footer.
If your lead pans out, please contact me.

Thanks,
Kirk