Illegal to sell amps in Mint Tin Cans?
Jan 27, 2004 at 11:15 PM Thread Starter Post #1 of 93

eyevancsu

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I was recently contacted by the C.F.O. of a mint tin candy company telling me that it was illegal, by Federal Trademark Law, to sell amplifiers, or anything for that matter, in novelty mint tin cans, such as those popular amongst amp makers or diy'ers. I know im not the only one that has made amps in these tins and thought it would interest other builders of this recent issue that was brought to my attention. Anyone have any input on this?
 
Jan 27, 2004 at 11:36 PM Post #2 of 93

usc goose

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Your honor, it was not a sale but merely a donation for which a small token of my gratitude was given as a show of my appreciation.

Then again in order for that defense to work I'd need to register with the IRS as a charitable organization.

And come to think of it, I don't know crap about the law so you probably shouldn't listen to me.

Bummer if they start cracking down on that though...
 
Jan 28, 2004 at 12:00 AM Post #4 of 93

ServinginEcuador

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IIRC Old Pa is a lawyer and Zanth is in law school. One of these would know what's up. I am not sure myself, but would doubt they could sue or block anything since it is appropriate use of a product. But, like USC Goose said, what do I know!
 
Jan 28, 2004 at 12:16 AM Post #5 of 93

usc goose

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Quote:

Originally posted by ServinginEcuador
I am not sure myself, but would doubt they could sue or block anything since it is appropriate use of a product.


the thing is, it's associating a product for sale with a company that had no approval or say in the manufacture of that product. furthermore, said manufacturer has not received compensation nor was even informed of the product's unintended use.
 
Jan 28, 2004 at 12:16 AM Post #6 of 93

Zanth

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I'm in Canada so our law is different for sure...but um...in short they are 100% right. Now...scratch off the paint and they don't have a case
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Jan 28, 2004 at 12:24 AM Post #7 of 93

hottyson

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Quote:

Originally posted by eyevancsu
I was recently contacted by the C.F.O. of a mint tin candy company


Which company? Perhaps you should write to all of the mint companies for our permission to freely use their tins. Then ask Head-fier's to boycott those that will not let us use their tins.
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Jan 28, 2004 at 12:28 AM Post #8 of 93

eyevancsu

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I dont think the company that contacted me would like me "slandering" their name. Im going to start emailing several of the more popular mint tin makers and ask for their permission.

I would scratch off, buff out, or erase the logo somehow, but the thing is, that the designs and colors of the tins are what draws people to them, without them, its just another plain unexciting aluminum case.

Any more input?

Ivan C.
 
Jan 28, 2004 at 12:36 AM Post #9 of 93

usc goose

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Quote:

Originally posted by eyevancsu
I dont think the company that contacted me would like me "slandering" their name. Im going to start emailing several of the more popular mint tin makers and ask for their permission.

I would scratch off, buff out, or erase the logo somehow, but the thing is, that the designs and colors of the tins are what draws people to them, without them, its just another plain unexciting aluminum case.

Any more input?

Ivan C.


It wouldn't be slander because slander has to be a false statement made with malicious intent, neither for which this particular case qualifies. and if i'm not mistaken slander usually refers to direct verbal communication while libel applies to print and other such media.
 
Jan 28, 2004 at 12:53 AM Post #11 of 93

usc goose

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well i do watch a lot of law and order.
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actually to tell the truth, i'm taking a class at the law school made up of med students and law students. knowing me, it'll come in handy since i'll probably end up in addiction medicine or as an abortion provider or something else legally complex like that.
 
Jan 28, 2004 at 1:14 AM Post #12 of 93

braillediver

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Business must be good to have been picked up by their radar?

I wonder if the person commissioning the amp gave you the mint tin so you wouldn't be selling it? This way it would be his tin and you'd just be modifying it.

They should't be able to control what you put inside of the mint tin if you're not selling it?


Mitch
 
Jan 28, 2004 at 1:19 AM Post #13 of 93

eyevancsu

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For custom amps, i dont think that it matters if you use their tins or not, as long as your arent "advertising" or something i guess. But for those who have websites or sell elsewhere on the internet, may use pictures or use the name of the tin in their descriptions and the such.

As for getting caught, someone found the amps that are being sold and reported it to the company.
 
Jan 28, 2004 at 1:20 AM Post #14 of 93

usc goose

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Quote:

Originally posted by braillediver
I wonder if the person commissioning the amp gave you the mint tin so you wouldn't be selling it? This way it would be his tin and you'd just be modifying it.


that's genius. you would have to advertise yourself as a mint tin modification company but i think that legally it's all good. and even if someone less morally upright than the community represented here only claimed that as a business practice and wrote a letter explaining it in those terms, i highly doubt they'd investigate.

but once again, i'm not a lawyer. just a tv watcher.
 
Jan 28, 2004 at 1:24 AM Post #15 of 93

hottyson

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Quote:

Originally posted by eyevancsu
Im going to start emailing several of the more popular mint tin makers and ask for their permission.
Any more input?


If there is one thing I have learned in this life:
Get it in writing!

After they agree, write them via postal mail so that they send you something back. It should hold up better in court than a statement like, "Mr. smith gave me permission in an email that said that I could do yada yada yada..."
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