I'm not so pessimistic about getting Olin's blessing, if it's approached in the right way. And even if bureaucracy made it impossible, I think doing them the courtesy would be favorably remembered. As Ive already said, the key things in the request are:

1. We are your friends and don't want to offend you.

2. We would like to benefit WACA by selling these nice racks. Our members want to buy them.

3.We are not asking permission to make more. There are only 75 of them.

4. We believe the logo applications were unauthorized and may be infringing. If you want us to pay royalty, we will do so.

5. May we please have your indulgence in this de minimus matter?

86Win said
Wouldn't Winchester have to sue the manufacturer of these? Is there any makers info on them? No patent dates or trademark of the maker. Would the WACA label be considered the maker? I think you are overly concerned as Winchester wouldn't know who to sue.
  

The short answer is no. Winchester wouldn't have to sue the manufacturer. The Winchester horse and rider logo is a registered trademark owned by Olin Corporation. If that mark is applied to any object without Olin's permission, Olin can sue anybody who puts the object in commerce to recover royalties, attorney fees, court costs, and sometimes an order requiring the objects be turned over or destroyed. 

The burden of proof is on the seller to show permission. 

Olin may have a design patent in place protecting the horse and rider but trademark law is what we're talking about here. 

Yes, i would still like to purchase one and will gladly pay shipping and handling fees and i'm sure they will be a pain in the butt to package and ship.

Just my .02 cents....... 

BRP

86Win said
Wouldn't Winchester have to sue the manufacturer of these? Is there any makers info on them? No patent dates or trademark of the maker. Would the WACA label be considered the maker? I think you are overly concerned as Winchester wouldn't know who to sue.
  

I think the goal here is to avoid conflict of any kind. Winchester (as we know it today) has been good to WACA and no one wants to jeopardize that. 

Mike

I note that an Olin/Winchester Ammunition officer is an honorary WACA member, not a Browning representative. Olin owns the marks. We are allowed to buy guns to auction from Browning but it is only a licensee. 

If I were like Yertle the Turtle, king of all I surveyed, I would have a quiet conversation with my contact at Olin and say WACA has been given 75 possibly infringing gun racks we.want to dispose of. Do you want any royalty? 

Important Safety Tip: the foregoing adage does not apply to male/female relationships. Failing to obtain prior permission can get you cut, shot, or a long stretch of making license plates. 

The issue with these racks, for those of us living far away, is going to be packing and shipping. If they are not disposed of at shows and the buyer has to hump it home his ownself. 

To illustrate:  I just placed an order for a three-pack of Cameron Rifle Kits and a five-pack of the plain boxes, for $158 USD. However, the cheapest low and slow shipping from Ohio was $162, essentially doubling the price. And we're just talking cardboard. 

Mike

Buck94 said

TXGunNut said
Buck94-
I wonder if possibly the WACA board could agree to a nominal royalty fee and allow you to do with them as you wish. That would free WACA from marketing, storing, selling and shipping these racks. I'd call that a win-win for all involved.
 
Mike
  

Mike, that would be a Bert and Vinny call but doubtful and keep in mind the Winchester logo was also illegally used so Vinny has to clear it with them as well and I imagine WACA handling them is an easier sale to Winchester than a rogue profiteer. Vinny did tell me Winchester can be slow to move, so no fault of WACA but imagine this will take some time to resolve itself. 
  

After dealing with a  corporate entity for longer that I care to think about, my guess is I will be dead and buried before they move on a decision. Sorry just my yankee opionion.

TXGunNut said
Buck94-
I wonder if possibly the WACA board could agree to a nominal royalty fee and allow you to do with them as you wish. That would free WACA from marketing, storing, selling and shipping these racks. I'd call that a win-win for all involved.
 
Mike
  

Mike, that would be a Bert and Vinny call but doubtful and keep in mind the Winchester logo was also illegally used so Vinny has to clear it with them as well and I imagine WACA handling them is an easier sale to Winchester than a rogue profiteer. Vinny did tell me Winchester can be slow to move, so no fault of WACA but imagine this will take some time to resolve itself. 

I wonder if possibly the WACA board could agree to a nominal royalty fee and allow you to do with them as you wish. That would free WACA from marketing, storing, selling and shipping these racks. I'd call that a win-win for all involved.

Mike

Darrin Smith said

Did I mention real men collect and shoot single shots?
Darrin
  

You just got my vote