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Author Topic:   whaler logo embroidering
njwhalerman posted 11-25-2001 02:28 PM ET (US)   Profile for njwhalerman   Send Email to njwhalerman  
I am looking to have somejackets embroidered w/the whaler logo. Anyone with any info and cost?
Keep whalerin

Dan

Dick E posted 11-25-2001 02:30 PM ET (US)     Profile for Dick E  Send Email to Dick E     
try www.whaler.com
triblet posted 11-25-2001 02:31 PM ET (US)     Profile for triblet  Send Email to triblet     
There are trademark issues getting the BW
logo put on. It's BW's logo, they get to
say who get's to put it on jackets.

You can get jackets from BW's official
suplier at http://www.anheusermarketing-whaler.com/


Chuck

Dick posted 11-25-2001 02:48 PM ET (US)     Profile for Dick  Send Email to Dick     
I have had jackets, shirts and caps done by a local company here in Seattle. I just gave them a copy of the logo and they did the job, no issue with trademarks. About half the price of going through Whaler for the same brand clothing. I even used them for the clothing I sold at the BW dealership.
Shop around at your local embroidery shops.
triblet posted 11-25-2001 09:40 PM ET (US)     Profile for triblet  Send Email to triblet     
There IS an issue with trademark, Dick. You
just didn't get caught.

Chuck

Dick posted 11-25-2001 09:51 PM ET (US)     Profile for Dick  Send Email to Dick     
It's not a matter of me being caught. Many embroidery shops and decal shops will supply the products if you supply the art work. Brunswick has better things to do than looking for a guy getting a BW jacket for $35.00 instead of $75.00.
With that kind of savings who cares, I don't.
Draftsmanswife posted 12-10-2001 03:56 PM ET (US)     Profile for Draftsmanswife  Send Email to Draftsmanswife     
OK...So your decal shop didn't get caught...
Whaler is very sensitive about there logo. And they ARE dealing with violators of their trademark. There is only 1 place nationwide who is authorized to be manufacturing origional Whaler decals, by Whaler, and if one calls Whaler they will tell you who it is. Those reproducing Whaler logo's, will in fact eventually get caught, and delt with by corporate. Trust me on this one...So, for those of you who can't play by the rules, ...good luck. Janis
Tsuriki BW posted 12-10-2001 04:05 PM ET (US)     Profile for Tsuriki BW  Send Email to Tsuriki BW     
If you are using the Whaler Logo for hats/T-shirts for a function, like the Puget Sound get-together that Dick put together, I doubt they would object, let alone say a thing....

If you had 10,000 jackets made and were selling them for your own profit, they would raise their eyebrows and let the lawyers loose.

A matter of intent and scale, in my opinion.

Tsuriki

PS Dick, hope you still have my hat!

Draftsmanswife posted 12-10-2001 04:19 PM ET (US)     Profile for Draftsmanswife  Send Email to Draftsmanswife     
Loike I said...Good Luck...If you are selling Whaler logo's without their permission for profit, I DO think they would mind....Maybe you should not my screen name better...
Dick posted 12-10-2001 05:59 PM ET (US)     Profile for Dick  Send Email to Dick     
Tsuriki
I still have your hat and the support boards for the downrigger mounts.

Guess I'm lucky I didn't get hauled off to jail for having the caps made. Maybe I should cancell the jacket order they are doing for me now, sure I will.
Dick

noswah posted 12-10-2001 06:43 PM ET (US)     Profile for noswah  Send Email to noswah     

I doubt that the "Whaler" decals on ebay were authorized by anyone...........

It seems to me they would go after all the people who are duplicating their hulls if they were going to do anything at all.

Peter posted 12-10-2001 07:37 PM ET (US)     Profile for Peter  Send Email to Peter     
I think a case could be made that Whaler has a cause of action for trademark infringement if a person takes, for example, a hat and a pattern of the Whaler logo to the local embroidery shop and has the shop make them a hat because it has prempted Whaler from making a sale of such hat. Practically speaking, however, it is unlikely that they would ever take action against that single infringement because it would simply cost too much. Besides, every time that person wears the hat in public, Whaler gets some free advertising.

Now if you make 10,000 hats and sell them for profit, you're clearly trading on their good will and that's a different story.

whalernut posted 12-10-2001 07:46 PM ET (US)     Profile for whalernut  Send Email to whalernut     
Brunswick has ruined the Whalers look and feel and apeal. Hell, the only thing they didn`t change is the Whaler Logo yet. They did add the 170, etc. for length in association with Whaler logo. Can you say Bayliner, Sea Ray wannabees! I wish Brunswick would sell Whaler and just go back to Bolling Balls and Pool Tables where they should be. Regards-Jack.
whalernut posted 12-10-2001 07:49 PM ET (US)     Profile for whalernut  Send Email to whalernut     
I forgot to add that I would love a Classic Montauk Jacket reproduced by anyone but Whaler and would fight Brunswick gladly, I would proudly go to Jail over it, it`s the right thing to do, Brunswick blows, and there is rumer they are doing away with the Montauk, anyone like Brunswick now? Regards-Jack.
Whalerdan posted 12-11-2001 07:24 AM ET (US)     Profile for Whalerdan  Send Email to Whalerdan     
Hey I got an idea. Since Whaler is no longer making Montauks how long do we have to wait to start making them ourselves? I'll bet one could make a good profit even of a small run.
jameso posted 12-11-2001 09:19 AM ET (US)     Profile for jameso  Send Email to jameso     
I have a friend here in Warner Robins GA that has an embrodiery shop, he does great work, everything is digitized then a pattern is made ect. I stopped and asked about a Whaler shirt, he quoted a price of $25 for a really nice long sleeve denim or chambray shirt with logo. I am going to try to get one made but it may be after the holidays. I asked about the trademark issue and he just shrugged and said,,do it all the time.
If you are interested let me know,
Jim Armstrong.
njwhalerman posted 12-11-2001 09:31 AM ET (US)     Profile for njwhalerman  Send Email to njwhalerman     
I did not think I would cause this uproar.
I am looking to do one jacket for myself. If whaler has the time and the money to chase the little guy, so be it. Put the money in R&D and bring back the Montauk.

Dan posted 12-11-2001 09:41 PM ET (US)     Profile for Dan  Send Email to Dan     
I'd love a Boston Whaler Ford Explorer edition -- like the Eddie Bauer. But the Boston Whaler Ford Explorer would be desert tan inside, seats would be vinyl with grey piping and Boston Whaler logo, Gps unit could mount inside, Fishfinder would measure distance between your car and car in front or back, vhs to call for coast guard if you go off bridge, doors and flooring would be filled with foam for reserve buoyancy during floods and a quieter ride -- seats should be cooler seats for long trips and porta potti in back.
njwhalerman posted 12-12-2001 08:46 AM ET (US)     Profile for njwhalerman  Send Email to njwhalerman     
Jameso, would you forward the embroiderers info to me.

Thanks
Dan

Draftsmanswife posted 12-12-2001 11:00 AM ET (US)     Profile for Draftsmanswife  Send Email to Draftsmanswife     
If ya'll want "bootleg" apperial...more power to ya. But just remember, everytime you "sport" you gear, know that it's a FAKE, just like owning a Carolina Skiff...a wanna-be...Again, good luck to those who can't play by the rules...
jameso posted 12-12-2001 02:08 PM ET (US)     Profile for jameso  Send Email to jameso     
Draftsmanswife,,,yeah aint it great to live in America. Also I think you stepped out of bounds by slurring the Carolina Skiff. I have owned one and it is a good boat for the $, may well buy another.
Jim Armstrong
Bigshot posted 12-12-2001 02:22 PM ET (US)     Profile for Bigshot  Send Email to Bigshot     
Draftman's wife...what's the matter, hubby can't pay the bills being the bootleggers are undercutting him?
JFM posted 12-12-2001 02:27 PM ET (US)     Profile for JFM  Send Email to JFM     
Bigshot, she better not see your tattoo! Regards, Jay
bigz posted 12-12-2001 02:32 PM ET (US)     Profile for bigz    
I can see you have a real ethical group here JimH!

The "draftsman's" wife is correct there is only certain authorized places for obtaining Whaler logo items or decals ---

If you Dick, mention to your embroider that this BW logo they're reproducing is trade marked and you have no authorization to reproduce it, I would bet, if the firm is honest, they would refuse to do your job. Simple reason they wouldn't take kindly to one of their own original designs being copied by someone else --- aside from the legality.

The fact remains it doesn't make any difference 10,000 or just one you are infringing on another's rightfully owned property --- the profit motive isn't the grounds determining this infringement.

Oh by the way it doesn't make a darn bit of difference who owns BW at any given time. BW has always fought to maintain their logo rights from the days of Fisher. As any company would since it is part and parcel to their identity and product representation.

Z

JFM posted 12-12-2001 02:57 PM ET (US)     Profile for JFM  Send Email to JFM     
Rest assured Z, the gifts for jimh came from Whaler (Anhueser Marketing)! I have always had logo items made locally for customers. All the companies we sell for readily give their OK, perhaps for free advertising. If Whaler is turning into a "whorey" company. Maybe their logo is all they have left. Regards, Jay
bigz posted 12-12-2001 03:21 PM ET (US)     Profile for bigz    
You might qualify your statement Jay. By stating you are an authorized reseller for the company your requesting the logo from to use in promoting their products through your customers.

I think Whaler would and does allow the same with in their authorized dealer net work.

Trying to keep it in the realm of the original request and the other statements made, some relevant others just off the hip.

I was just reminded that JimH has not one Boston Whaler logo in use on any of his web pages. He cannot represent this site as a Boston Whaler site without proper authorization.

Z

JFM posted 12-12-2001 04:17 PM ET (US)     Profile for JFM  Send Email to JFM     
Z, you are right about being an authorized reseller. This subject hits a sore spot with me.
I have been involved with the Cystic Fibrosis Foundation for a number of years. During that time Boomer Esiason's son, Gunner, was diagnosed with CF. Boomer immediately sprang into action and started The Boomer's Heros Foundation to raise money for this worthy cause. After it became a huge success, Boomer was sued by the group that had trademarked "Heros", settled outside of court and dropped the name "Heros" from his foundation. My point is that this trademark stuff can be very touchy. So if you do it be careful. Regards, Jay
Dick posted 12-12-2001 04:35 PM ET (US)     Profile for Dick  Send Email to Dick     
bigz

My Whaler wear is as authentic as that which is purchased through the Whaler clothing site at ridiculous prices.

As to the shop refusing to make the items if they were aware the logo was trademarked, kind of hard to miss that fact when the little registered abreviation is part of the logo.

I know of 2 embroidery shops and 3 sign shops here in the area that will make anything from caps to decals if you supply a logo, and these are not small shops on a back street.

If you want to pay $70.00 for a $35.00 jacket, more power to you.

Dick

bigz posted 12-12-2001 04:56 PM ET (US)     Profile for bigz    
It's your call Dick, do as you please.

I was just laying out the facts.

Z

jimh posted 12-12-2001 10:01 PM ET (US)     Profile for jimh  Send Email to jimh     
I think we are beyond the scope of the FORUM topic here. I am going to cut this thread off, but I want to add:

--copyright laws are getting a bit extreme and confused. Original copyrights were for short periods of time, like 14 years or something. Now they go for a hundred years or more, and more often than not it is not the artist or content creator who benefits from the protection of the law but rather some big corporation. In music, for example, there is an enormous amount of work protected which cannot be enjoyed because the holder of the copyright --not the artist-- suppresses the distribution. The artist no longer gets any compensation or protection, his work is lost and cannot be enjoyed. A huge corporation witholds the work from the public. Same for literature. An author has to be dead for 75 years before his copyright expires. Do the grandchildren of Hemmingway have the right to suppress an out of print novel for which there might be great demand? Try getting a copy of "Islands in the Stream."

That is just one tiny facet of copyright--all of which stems from just a few words in the Constitution. Even the court has said that never has so much law been based on so little foundation. (Cf. recent opinion on National Geographic--I don't have the cite handy.)

Digital reproduction has brought all new realms for copyright. Another story.

See http://www.ireland.com/newspaper/finance/2001/1130/fin29.htm for some interesting ideas.

This issue of the logotype is a bit different. I am sure that if you put the Whaler logo on your own tee shirt there is not going to be a Federal investigation.

If you put the Whaler logo on 10,000 tee shirts and want to promote them on this website you will have two people mad at you, me and Whaler!

Everyone can do what they want. They can buy a jacket from a third party that has obtained permission to use the Whaler logo; they can find someone who will embroider the logo for them on their own jacket. It is an issue of personal ethics and point of view. I don't think it harms Brunswick substantially--it probably harms more the guy who paid for a license fee.

I try to respect other people's property, including things like their logotypes. I have never used the Whaler logotype on the site other than its inclusion in photographs of their products. I don't plan on using it. You can speculate on whether or not the folks at Whaler would be happy or angry if they saw it here.

I can tell you this: if I got the 2002 catalogue and saw one of my photographs used in it without permission I would not be happy.

From that basis I can reverse the logic and see that I should not expect Whaler to embrace me using their logotype for my own purpose.

--jimh

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