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Farmall & IHC Tractors Discussion Forum
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IH Trademark

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jc newton

01-09-2008 07:34:24




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I see a lot of items for sale at shows an different places with IH/Farmall trademark. Some appear to be home made such as buttons, key rings etc. Do you not have to have permission from the company Case/IH before you can use this trademark on items that you sell? Of course I see a world of other brands also ,JD, Case ,Allis etc.Thought of making some little items to sell with IH on them but do not want to go to jail.

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jdemaris

01-09-2008 12:45:54




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 Re: IH Trademark in reply to jc newton, 01-09-2008 07:34:24  
The original company that used to be named International Harvester can't even use the IH name on their own stuff - they tried.

When they got the idea to modernize their name - they voted on a name that signified "naviagting the stars" and shortened it to "Navistar." Then, a few years later decided it was a big mistake and tried to buy the old International Harvester name and logo back - and could not. Navistar WAS able to name one of their engine divisions "Internatinal Engines" - and that's as close as they were allowed to come.

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CNKS

01-09-2008 17:29:38




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 Re: IH Trademark in reply to jdemaris, 01-09-2008 12:45:54  
The International truck division still exists, that is all that remains of the old International Harvester. As you say they were not allowed to keep the International Harvester name or the IH symbol. They were able to keep the name International. Case Corp/Case IH/Case New Holland, or whatever they call themselves now has the IH. I believe the trucks are now called International instead of Navistar, someone will correct me otherwise.

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Nebraska Cowman

01-09-2008 10:28:13




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 Re: IH Trademark in reply to jc newton, 01-09-2008 07:34:24  
I am very careful about not buying non-licensed items. One thing that is leagal to do is to take a picture of your own tractor and market that on tee shirts, mugs, etc. But you can not use the company logo or name without permission.



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georgeky

01-09-2008 10:16:43




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 Re: IH Trademark in reply to jc newton, 01-09-2008 07:34:24  
The legitimate items are licensed by CaseIH. Some may even still be licensed by Navistar International(IHC) and Now McCormick is owned by the Argo Group, I think it is. I would check with CaseIH first. I am sure it infringes on copyrights and Trademarks.



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RustyFarmall

01-09-2008 10:26:32




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 Re: IH Trademark in reply to georgeky, 01-09-2008 10:16:43  
Even the "Farmall" name is still owned by Case-IH, and "International Harvester" definately is still copyrighted. I don't know if either of those companies will come after you, but it is copyright infringement to use the names and logos without permission.



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Evan350

01-09-2008 10:36:13




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 Re: IH Trademark in reply to RustyFarmall, 01-09-2008 10:26:32  
Whomever owns a trademark or copyright has the right to pursue compensation for any unsanctioned use. By way of example, Union Pacific Railroad a few years ago aggressively went after model railroad makers to have them pay license fees for the use of the UP and all predecessor company logos on models. Before this case, for the most part model makers for decades were using railroad logos without explicit permission. The attached link describes a settlement with one company. If you Google on the subject, I'm sure you'll find plenty to read.

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Wardner

01-09-2008 11:59:45




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 Re: IH Trademark in reply to Evan350, 01-09-2008 10:36:13  
So what are the legalities surrounding the reproduction of parts?

Is OEM tractor paying royalties to Case/IH? You can go to any autobody jobber outlet and get just about any new replacement fender, bumber, hood, and door for US and imported cars and trucks. GM used to run ads pleading with people not to buy this stuff.

Why are black market watches, videos, handbags illegal?

Take Harley-Davidson. They make alot of money on all the apparel that bears their copyrighted logos. On the other hand, it is now possible to buy a H-D Knucklehead (1936-1947) motorcycle that is nearly indistinguishable from an original. The parts come from a variety of sources and are packaged as complete kits for assembly. I doubt if royalties are paid on any of it.

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ScottyHOMEy

01-09-2008 12:14:32




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 Re: IH Trademark in reply to Wardner, 01-09-2008 11:59:45  
My most recent OEM catalog says right on the cover that thier parts are licensed by CaseIH, and IIRC past catalogs have said the same thing in one place or another.

As far as the Harley, that's a bit of a gray area. There's nothing that keeps me from going out and buying a bunch of parts and building a Chevy. But, since GM never had a thing to do with the assembly, could I sell it as a Chevy? Mebbe not.

The knucklehead? Maybe the "nearly indistinguishable" is how they get by with it -- the difference being enough to get away without paying royalties. Are they putting a Harley logo on it? Maybe they're up front about it, and have some agreement with H-D that would be similar to what the glass body fabricators have going with the manufacturers for repro bodies and other parts for Model A's etc.

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