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Wow, do you recall the post here on MAKE about 2 months ago? Someone was making furniture (for themselves) out of Fedex boxes, then the next day the site went offline. Turns out there was indeed a cease and desist from Fedex. Here's a pretty scary article about that... Link.
DIY Fedex Furniture Causes FedEx Fits
Wow, do you recall the post here on MAKE about 2 months ago? Someone was making furniture (for themselves) out of Fedex boxes, then the next day the site went offline. Turns out there was indeed a cease and desist from Fedex. Here's a pretty scary article about that... Link.
Posted by Phillip Torrone |
Aug 11, 2005 01:00 PM
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Okay so I am not a lawyer, but I believe that to infringe on the trademark there would have to be a substantial probability of confusion for consumers. Further, I doubt they registered their trademark (or service mark) under the class for furniture. I believe also copyright covers the expression of an idea. I don't see where either applies here. You have not affixed their design or a close arrangement to something in a similar class, but rather used it in making the furniture. When a Fedex employee delivered an empty sealed box to us they weren't near so concerned with employee theft.
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Okay so I am not a lawyer, but I believe that to infringe on the trademark there would have to be a substantial probability of confusion for consumers. Further, I doubt they registered their trademark (or service mark) under the class for furniture. I believe also copyright covers the expression of an idea. I don't see where either applies here. You have not affixed their design or a close arrangement to something in a similar class, but rather used it in making the furniture. When a Fedex employee delivered an empty sealed box to us they weren't near so concerned with employee theft.
Reply to this comment