I'm a sign shop owner, I see other sign shops and on line web sites selling automobile performance company logos, made into decals for automobile enthusiasts to put on their performance cars. My question is, where is the line drawn ?
While what you are describing can be a trademark, service mark or copyright infringement small web sites and shops get away with it for two reasons. Firstly, the large corporations may not be aware of the infringement and secondly, they may feel that its not worth their while to pursue this infringement as it also gets their logo out in the public. Recently, we have had a client who was contacted by a large auto parts retailer about using what they perceived to be a version of their trademark. He had used the mark for some time, but recently had a surge in business and began retailing across the country. That matter was resolved in a settlement that my client was very happy with, but the large company just wanted to be on record of having sought protection over their mark. These shops are taking risks in selling trademarked logos without a license to do so as they can be served with an injunction and forced to pay penalties and fees. They probably assessed that the risk of getting caught is minimal.
