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Old 05-12-2015, 11:25 AM   #15
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Originally Posted by Nomad518 View Post
I'm not aware of an existing trademark by Airstream for the shape of their trailers.
The trailer shape with a superimposed "A" is a trademark.

Of course, that's not quite the same thing as you were citing.
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Old 05-12-2015, 11:32 AM   #16
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Yup, I do recognize that the image would be trademarked, but the fuzzy area in that particular one of their many logos is the font they use is a readily available public font, namely Swiss 721BT bold
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Old 05-12-2015, 12:04 PM   #17
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I'm not aware of an existing trademark by Airstream for the shape of their trailers.
Whether or not they have it federally registered, they likely have rights in the trade dress associated with the look of their trailers.

Trade dress - Wikipedia, the free encyclopedia
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Old 05-12-2015, 01:16 PM   #18
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I guess you could rearrange the letters ;-) Wow...you can find anything on the internet now a days

AIRSTREAM
Anagram (eg: scrabble)

9 letter words
AIRSTREAM

8 letter words
AMIRATES

7 letter words
AMIRATE, AMRITAS, ARISTAE, ARMREST, ARTSIER, ASTERIA, ATRESIA, ERRATAS, IMARETS, MAESTRI, MARRIES, MISRATE, RETRIMS, SMARTER, SMARTIE, TAMARIS, TARRIES, TARSIER, TRIMERS

6 letter words
AIMERS, AIRERS, AIREST, AMRITA, ARAMES, ARISTA, ARMERS, ARMETS, ARMIES, ARREST, ARTIER, ERRATA, IMARET, IRATER, MASTER, MATERS, MATIER, MATRES, MERITS, MISATE, MISEAT, MISTER, MITERS, MITRES, RAISER, RAITAS, RAMATE, RAMETS, RAMIES, RAREST, RASTER, RATERS, REARMS, REATAS, REMITS, RETRIM, RIATAS, RIMERS, RISTRA, SAMITE, SATIRE, SIERRA, SMITER, STARER, STREAM, STRIAE, TAMARI, TAMERS, TARRES, TARSIA, TERAIS, TERRAS, TIARAS, TIMERS, TRIERS, TRIMER

5 letter words
AIMER, AIRER, AIRTS, AMIAS, AMIES, AMIRS, ARAME, AREAS, ARIAS, ARISE, ARMER, ARMET, ARRAS, ARRIS, ASTER, ASTIR, ATMAS, ATRIA, EMIRS, EMITS, IRATE, ITEMS, MAARS, MAIRS, MAIST, MARAS, MARES, MARIA, MARSE, MARTS, MASER, MATER, MATES, MEATS, MERIT, METIS, MIRES, MISER, MITER, MITES, MITRE, RAIAS, RAISE, RAITA, RAMET, RAMIE, RARES, RASER, RATER, RATES, REAMS, REARM, REARS, REATA, REMIT, RESAT, RESIT, RETIA, RIATA, RIMER, RIMES, RISER, RITES, SATEM, SERAI, SIMAR, SIRRA, SITAR, SMART, SMEAR, SMITE, STAIR, STARE, STEAM, STIME, STRIA, TAMER, TAMES, TAMIS, TARES, TARRE, TARSI, TEAMS, TEARS, TERAI, TERMS, TERRA, TIARA, TIERS, TIMER, TIMES, TIRES, TRAMS, TRIER, TRIES, TRIMS

4 letter words
AIMS, AIRS, AIRT, AITS, AMAS, AMIA, AMIE, AMIR, AMIS, AREA, ARES, ARIA, ARMS, ARSE, ARTS, ASEA, ATES, ATMA, EARS, EAST, EATS, EMIR, EMIT, ERAS, ERRS, ERST, ETAS, IRES, ITEM, MAAR, MAES, MAIR, MARA, MARE, MARS, MART, MASA, MAST, MATE, MATS, MEAT, MESA, META, MIRE, MIRS, MISE, MIST, MITE, RAIA, RAIS, RAMI, RAMS, RARE, RASE, RATE, RATS, REAM, REAR, REIS, REMS, REST, RETS, RIAS, RIME, RIMS, RISE, RITE, SAME, SARI, SATE, SATI, SEAM, SEAR, SEAT, SEMI, SERA, SETA, SIMA, SIRE, SITE, SMIT, STAR, STEM, STIR, TAME, TAMS, TARE, TARS, TEAM, TEAR, TEAS, TERM, TIER, TIES, TIME, TIRE, TRAM, TRES, TRIM, TSAR
3 letter words (see all American 3-letter words)
AAS, AIM, AIR, AIS, AIT, AMA, AMI, ARE, ARM, ARS, ART, ATE, EAR, EAT, EMS, ERA, ERR, ERS, ETA, IRE, ISM, ITS, MAE, MAR, MAS, MAT, MET, MIR, MIS, RAI, RAM, RAS, RAT, REI, REM, RES, RET, RIA, RIM, SAE, SAT, SEA, SEI, SER, SET, SIM, SIR, SIT, SRI, TAE, TAM, TAR, TAS, TEA, TIE, TIS

2 letter words (see all American 2-letter words)
AA, AE, AI, AM, AR, AS, AT, EM, ER, ES, ET, IS, IT, MA, ME, MI, RE, SI, TA, TI
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Old 05-12-2015, 02:21 PM   #19
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Policy or not I would think that if Airstream/Thor objected they could stop the sell of such items. I do know that Life Is Good has a special arrangement with Airstream to produce items with Airstreams and logos depicted. Technically these items are only marketed thru Airstream but eBay always seems to have several LIG Airstream items for sale. Legal sales or not, I do not know. I have never seen Airstream items sold at the LIG web site or their outlets. LIG also has a similar arrangement with Jeep. Jeep also will not allow the items to be sold thru the LIG web site or at their outlets.
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Old 05-12-2015, 03:29 PM   #20
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Originally Posted by AWCHIEF View Post
Policy or not I would think that if Airstream/Thor objected they could stop the sell of such items. I do know that Life Is Good has a special arrangement with Airstream to produce items with Airstreams and logos depicted. Technically these items are only marketed thru Airstream but eBay always seems to have several LIG Airstream items for sale. Legal sales or not, I do not know. I have never seen Airstream items sold at the LIG web site or their outlets. LIG also has a similar arrangement with Jeep. Jeep also will not allow the items to be sold thru the LIG web site or at their outlets.
Some of the things on Ebay may be protected under the first sale doctrine. Depends on how they were obtained.

First-sale doctrine - Wikipedia, the free encyclopedia
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Old 05-12-2015, 05:53 PM   #21
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I figure that doctrine is probably how the ebay seller is getting away with it. He specifically says his decals are as new condition, not new, and says there are very limited quantities. Probably the loophole.
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Old 05-12-2015, 07:06 PM   #22
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Long defunct companies are still protected, as long as the entity currently controlling the defunct company's interests consistently pursues infringement. There are some toy and model makers that found this out the hard way when they produced items using a company's copyrighted material. The company had ceased to exist over a hundred years ago, but the current copyright holder pursued legal action, and won.
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Old 05-12-2015, 07:30 PM   #23
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Long defunct companies are still protected, as long as the entity currently controlling the defunct company's interests consistently pursues infringement. There are some toy and model makers that found this out the hard way when they produced items using a company's copyrighted material. The company had ceased to exist over a hundred years ago, but the current copyright holder pursued legal action, and won.
Actually this is conflating copyrights and trademarks a bit.

Trademarks require use to maintain protection. Stop using the mark you loose your protections (not the actual day you stop, mind you).

Copyrights are governed by a registration system. So long as the registration remains valid, an entity owning it can assert it. That they are also using the copyrighted material is not a requirement.
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Old 05-12-2015, 07:31 PM   #24
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I wonder how much Airstream paid Disney to use the Word "Bambi"........
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Old 05-12-2015, 08:05 PM   #25
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I wonder how much Airstream paid Disney to use the Word "Bambi"........
Ironic that you bring up Disney. Many credit Disney with changes to the copyright laws throughout the years.

How Mickey Mouse Keeps Changing Copyright Law - Art Law Journal
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Old 05-13-2015, 06:31 AM   #26
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Don't remember exactly but I think AS used Bambi before Disney? Jim
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Old 05-13-2015, 11:10 PM   #27
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Airstream would never have full rights to the name "Bambi" alone. It would have to be used in correlation with the style of writing Airstream presented it, or in the context of RVs (or a bubbly silver style trailer). You can put the name "Bambi" on a shirt and sell it all day if it's not styled after that of Airstream or placed beside a picture of an Airstream trailer (so as to make a connection with Airstream).

Airstream certainly doesn't have exclusive trademark rights to the image of a generic silver aluminum bubbly kind of trailer either. If an artist wants to paint a silver bubble trailer and sell it on Etsy, Airstream has no claim to it. Specific features could be picked out to decide otherwise and could put one in a legal bind, however the "generic" aspects of the image cannot be trademarked.

The below legal statement should add clarity, but also makes the rules very difficult when discussing a notable brand such as Airstream and its popularity.

"the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods"
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Old 05-14-2015, 05:03 AM   #28
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More often than not it comes down to who has the most cash and the most to lose.
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