Whataburger AR-15: Unique or trademark dilution?

T

TXAZ

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AR-15 in Whataburger graphics


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Question to you guys is, is there a product out there you'd pay $1500 like this guy did to have his AR-15 "Whatasized"? Or is there a product you'd pay something to have your AR customized with some company's logos / graphics?

I'm a big fan of Whataburger, but got to thinking that if Whataburger has a history of going after trademark infringement, is this guy next?
 
Meh, not my thing. Whatever floats peoples boats. I'm sure lots of people dump tons of money into paint jobs. If I had enough disposable income I probably would get some awesome Cerakote jobs done. My only concern with this one is it looks a bit like a toy, I can see people finding ways to get in trouble that way.
 
Wonder if I can get mine made for In-n-Out and have it animal style with animal style ammo? That's what an AR is all about!
 
The linked article said the customization cost $1800. SO, that's $1800 PLUS the cost of the rifle.

Not something I would spend money on.

I do hope he (or the shop) has legal, written authorization to use the logo.

On race cars, the businesses PAY to get their logo on the car.

This guy paid to get a logo on a rifle. seems backwards, to me...:rolleyes:
 
I don’t buy T-shirts, hats or anywith a logo on it. I’m not paying for someone else’s advertising. If Chevy, Ford, Ruger or Whataburger wants me to have something with their logo on it they can give it to me. The exception being the product itself.
 
I do hope he (or the shop) has legal, written authorization to use the logo.
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I don't know, but Whataburger probably doesn't have a problem with the free publicity. After all, their establishments are not gun free zones.

On a side note, here's a pic of a friend that was commissioned by Whataburger to make some kicks for them. I think they gave them away.

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My university sorta freaked out about the Logo thing.

A student had someone paint his Hi-Point carbine in the school colors,,,
Even went to far as to use logo decals on the grip.

They couldn't go after the student,,,
So they tried to go after the painter.

Never made it to court.

Aarond

.
 
I had a friend who made very precise reproductions of famous guitars, even going to the point of raiding my stash of coins looking for the right year quarter to match what one rocker used to shim the bridge. He sold them on the Internet, until he got a "cease and desist" letter from one of the rocker's lawyers.

If it someone else's logo, trademark, or colors, making it nd selling it without permission can get you sued.

Cute, or ugly doesn't matter, what matters is if you are stealing from them by making money off of something they own.

If its something you do just for yourself, that's one thing. If you're a "shop" making them for sale, its quite another matter.
 
I had a friend who made very precise reproductions of famous guitars, even going to the point of raiding my stash of coins looking for the right year quarter to match what one rocker used to shim the bridge. He sold them on the Internet, until he got a "cease and desist" letter from one of the rocker's lawyers.
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Your friend is very lucky all he received is a cease and desist. Trademark infringement, as in using a trademark that is not yours without license to do so, is a serious matter, but generally not a criminal one in most cases. Producing counterfeit merchandise, however, is an entirely different matter. Usually a criminal one. I suppose if it was clearly marked reproduction it may would JUST be infringement and not counterfeit trademarked goods.

As to whataburger ar15... that’s a gray area. It is absolutely trademark infringement. But, the chances of whataburger suing for royalties is almost zero for a one off item. Producing a line of products with an infringed trademark can easily get you sued. An artist producing a 1 time customer requested item isn’t necessarily ok, but it’s different. Lots of cake makers do similar everyday without paying royalties, and they do it untouched.
 
Back in my semi-pro bass fishing career, I had all kinds of "gimmie" hats, patches, decals, etc.. Noooo...I didn't get paid to display them. I just liked having them on the boat, tackle box, vest, whatever. They're just sort of decorations. All the cool kids did it.

Not so much anymore. I wouldn't want anything like that AR, but I don't care if someone else does.
 
Whataburger Anti 2A

Definite trademark infringement but probably no legal action if no more are made. I have always heard Whataburger Corp was anti 2a due to the 30.06 and .07 signage out front.

Disclaimer: Not a lawyer: Neither in real life or the WWW.
 
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