November 7, 2015
OfflineThe fact that it makes no sense to beat a dead horse has not always kept some folks from flogging it.
Mike
January 20, 2023
OfflineMike, do you seriously think the marks owner is going to sue the guy who has acquired these 75 old racks, to prevent distribution?
Bearing in mind that it’s Olin that owns the marks, not FNH, the intelligent thing for the purchaser to do is [1] ask Olin whether they have any objection to disposing of the racks to WACA members, whether or not the marks are infringing, [2] making clear the owner, a WACA member, has no intent to manufacture and [3] there are only 75 racks involved.
- Bill
WACA # 65205; life member, NRA; member, TGCA; member, TSRA; amateur preservationist
"I have seen wicked men and fools, a great many of both, and I believe they both get paid in the end, but the fools first." -- David Balfour, narrator and protagonist of the novel, Kidnapped, by Robert Louis Stevenson.
November 7, 2015
OfflineZebulon said
Mike, do you seriously think the marks owner is going to sue the guy who has acquired these 75 old racks, to prevent distribution?
Nope, but I have painful memories of being a defendant in a lawsuit I “won”, no thanks to estate’s attorney. Ironically, estate’s attorney is the only one who profited from the suit. I’ve learned to be careful and I’m only asking that OP consider the issue.
Mike
January 20, 2023
OfflineTXGunNut said
Zebulon said
Mike, do you seriously think the marks owner is going to sue the guy who has acquired these 75 old racks, to prevent distribution?
Nope, but I have painful memories of being a defendant in a lawsuit I “won”, no thanks to estate’s attorney. Ironically, estate’s attorney is the only one who profited from the suit. I’ve learned to be careful and I’m only asking that OP consider the issue.
Mike
He’s obviously already considering it or he wouldn’t have asked for advice.
Rather than going down the rabbit hole of trying to learn if the maker used the marks with permission, the simpler solution is to construct a request that reassures the marks owner it is a de minimus situation and ask its blessing.
[1] ask Olin whether they have any objection to disposing of the racks to WACA members, whether or not the marks are infringing, [2] making clear the owner, a WACA member, has no intent to manufacture and [3] there are only 75 racks involved.
That puts the whole thing in proper perspective. Nobody knows if the maker got permission. There are only 75 of the critters. The distribution would be within the family.
I would suggest going through any friendly Olin/WACA contact rather than cold.
- Bill
WACA # 65205; life member, NRA; member, TGCA; member, TSRA; amateur preservationist
"I have seen wicked men and fools, a great many of both, and I believe they both get paid in the end, but the fools first." -- David Balfour, narrator and protagonist of the novel, Kidnapped, by Robert Louis Stevenson.
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