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Vendor Selling Illegal Products at Farmers' Market?

jtltetmt

Posted 11:15 pm, 07/03/2015

James, you're delusional. The wraps are sold with the purpose of putting them on homemade cornhole boards. The only part that has to be licensed or trademarked is the wrap (sticker, as you call it). The company that sells the wrap online has already received permission to sell them and they have paid any royalties to the NCAA or University. The vendor is not trying to represent the cornhole board as an officially licensed product. It is a custom made board and they have the right to sell it. Again, the wrap has already been bought and paid for and the royalties have already been paid.

whocaresaboutit

Posted 11:13 pm, 07/03/2015

I just wonder what will happen when dog and fins show up and start selling sex toys again, going to be a long line at their table

pie

Posted 10:10 pm, 07/03/2015

You going to be out at the festival this weekend in West Jefferson, to make sure no one is operating illegally? Someone needs a little more time on their hands.

howdythere

Posted 10:45 am, 06/30/2015

Time to drop-it James-Jones. Enough is enough, and you are getting nowhere.

Basking

Posted 11:19 pm, 06/29/2015

James, let me ask you this. Between the two of us, who has direct contact with someone that owns a ccompany that produces NCAA products? I'm 1 removal away. I can pick up the phone and call a friend (or his attorney) and ask straight up how this works and how his own contracts read.

Ultimate conclusion, you don't have a clue how the licenses work.

JamesJones

Posted 10:44 pm, 06/29/2015

We're not talking about a corn hole board with the sticker already installed from the manufacturer. We're talking about a trademarked sticker being applied to a home-made corn hole board, then being sold.

Basking

Posted 10:27 pm, 06/29/2015

Nope, you missed the point, moron. That can be done. The gray area is when they remarket the product and sell it as a new product. If the manufacturer is selling you a cornhole board and already installed sticker, it's not going to get the licensing agency's attention. They will see it as extra products sold that otherwise wouldn't have been moved.

JamesJones

Posted 10:19 pm, 06/29/2015

Sorry Basking, but the point is not the reselling of trademarked products. The point is that the trademarked product is being illegally used as part of another product that is not properly licensed.

Basking

Posted 10:00 pm, 06/29/2015

No James, you clearly missed the point. If the seller has the proper business license (sorry folks, I've had a couple drinks and am drawing a blank, someone give me the word I'm searching for) then they can buy licensed trademarked products from any legit source and resell them. They can resell them for any price they want, as long as the manufacturer hasn't made them sign a price protection plan.

CooperFarms

Posted 9:57 pm, 06/29/2015

In the course and history of mankind the illegal corn hole boards will not be recorded. Lets all move on.

Basking

Posted 9:57 pm, 06/29/2015

Coop, it's not up to the NCAA or the schools to work to have trademarks enforced. That duty is handled by the licensing agencies that represent each school. The way my friend explained it to me, for the most part, there are only two licensing agencies in the NCAA. Their splits and breakdowns make no logical sense at all. But one is much more of a d**k than the other. So the odds of a local guy selling hand made cornhole boards getting sued, has a lot to do with which logos he is using. (But as memory serves, most acc teams are handled by the "better" agency.

JamesJones

Posted 9:22 pm, 06/29/2015

Cooper, I believe your example of the Wolfpack Silverado hits the nail on the head.

The trademarked decals are probably sold for personal use. When someone slaps a decal on a corn hole board, it becomes part of a new product that needs to be licensed by the sports team being "used" to sell the merchandise.

Being that the WJ Farmers' Market makes a big deal about only Ashe County produced products being sold there, I'd think they would not want to be involved in flea market shenanigans where the legality is gray at best.

2xhikingmom

Posted 8:30 pm, 06/29/2015

My thoughts exactly, Cooper.

underdog2

Posted 8:29 pm, 06/29/2015

I heard from a source that he will also be adding all sizes of Confederate flags for sale. Just in time for the fourth.

CooperFarms

Posted 7:41 pm, 06/29/2015

I don't see the NCAA coming down too hard on corn hole boards at a Farmers Market.

Basking

Posted 6:30 pm, 06/29/2015

Yes, the added value creates a problem. That's why you make at least one set of plane boards and sell them for the same price

CooperFarms

Posted 6:22 pm, 06/29/2015

Here's an abstract example of the point that I think we are all missing.

Let's say I own the Chevy dealership in West Jefferson. I buy 8 legal NC State decals and put them on a red Silverado 4WD truck. Then I advertise it as a "wolfpack special" For $3000 more than regular price.

The decals were legal NCAA merchandise but when I used them to make the truck I would owe a fee for the "value added" to the truck - or to the cornhole board as it may be.

Basking

Posted 4:21 pm, 06/29/2015

If the decals came from a licensed manufacturer, they should have a trademark on them

the shadow knows

Posted 4:19 pm, 06/29/2015

They have arrested several at the Lexington flea market and at least a couple at the cattle sale flea market in Wilkes for selling counterfeit/unlicensed products.

Basking

Posted 4:03 pm, 06/29/2015

Actually, a friend of mine has a business that produces collegiate licensed merchandise. He has to approach the school to get their permission and a licensing agency that represents the schools to get approval for his products. But, he sells wholesale to retailers, and then those retailers can sell the products for as much as they want, without having to get another license agreement. We actually once discussed something like what the OP has accused the vendor of doing. He said that according to his contracts with the licensing agency, as long as those retailers can show they bought the product legally from a licensed manufacturer, its legal. So as long as the vendor can show proof he got the stickers from a licensed manufacturer, hes fine.

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