Pic Request: Stock ZHP for a BMW Advert

[zhp pilot]

I posted this over on e46fan but figured this would be a better venue.

Since BMW never made a showroom ad poster for the performance package I decided to make my own for my personal use. I only had one photoshoot when my car was stock as it didn't remain stock for very long. Unfortunately, the pics I have were taken on a back road in the mountains and the car has reflections of trees all over it so it doesn't work for what I want to do.

Basically, I'm looking for high res front quarter to side shots of stock ZHP's. Preferably silver gray, imola or AW coupes without reflections on the paint/glass. Need the pic to look like it was taken in a studio or something. Maybe pics in a parking deck will work.

Please add imgs as direct links or attachments. Don't use the img code as I don't feel like scrolling through a 4xxx by 3xxx pic to see if it's what I'm looking for.

If anyone is interested, I will make a second copy without BMW's logo, slogan and info on it. I could line up an order and send them out. Cost will be determined at that time.

I threw this together real quick to give you guys an idea of what I'm doing. Not perfect but didn't want to spend a lot of time on this version. Keep in mind, the version you would get if you choose so will not have BMW info on it. Just the car, saying and the model listed.


http://i200.photobucket.com/albums/aa71/Joedirte83/330Ci%20ZHP/zhp_bmw_ad_preview.png

[Marcus-SanDiego]

Feel free to solicit images. However, if you are going to have that BMW logo and info on the bottom right, I can't allow it. I would be contributing to the infringement of BMW's trademark.

If you're going to strip out the BMW stuff at the bottom, I'm good.

Let me know.

[billschusteriv]

Good luck with your search for pics.

[danewilson77]

Good luck with the poster.

Droid + Tapatalk = FTW!

[cakM3]

I does look good though :thumbsup

Would love to see Imola Red 330i ZHP :biggrin

[billschusteriv]

Feel free to solicit images. However, if you are going to have that BMW logo and info on the bottom right, I can't allow it. I would be contributing to the infringement of BMW's trademark.

If you're going to strip out the BMW stuff at the bottom, I'm good.

Let me know.

Considering Marc's point... should a moderator replace the picture and IMG code with the following photobucket link and URL code? Until this is resolved?

http://i200.photobucket.com/albums/aa71/Joedirte83/330Ci%20ZHP/zhp_bmw_ad_preview.png

[Marcus-SanDiego]

There is nothing wrong with posting that picture as it is. However, there is a problem when someone is selling a product bearing the logos. So, no point in doing anything to it at this point. (I don't need control over the picture, in other words.)

If I don't hear from the original poster soon, though, I will likely close the thread. I just need to hear what the plans are for the poster.

OP, get back to me as soon as you can.

Thanks.

[billschusteriv]

Got it. Thanks Marcus.

[zhp pilot]

Feel free to solicit images. However, if you are going to have that BMW logo and info on the bottom right, I can't allow it. I would be contributing to the infringement of BMW's trademark.

If you're going to strip out the BMW stuff at the bottom, I'm good.

Let me know.

No disrespect, but maybe you have misinterpreted the point. I'm not doing this for profit or gain. My intentions were to just create one for myself to add to my collection. Just thought others might be interested too. I would merely collect money and have them all printed at the same time. Cost per person would be total for the prints divided by the total number plus a flat shipping rate. I'm not advertising this as a sellable product or claiming it to be a BMW product in anyway. In addition, the poster would have all the current markings BMW uses, i.e. the newest ones have TM beside "The Ultimate Driving Machine." Stuff like that would be included as well as a standard statement stating that BMW Logo, TM's, etc belong to Bayerische Motoren Werke AG on the reverse side.

Maybe I'm wrong, idk, but with that said, I don't see an issue with this. If you have any additional info for me, please let me know as I don't want to do anything wrong or step on any one's feet here.

[Marcus-SanDiego]

No disrespect, but maybe you have misinterpreted the point. I'm not doing this for profit or gain. My intentions were to just create one for myself to add to my collection. Just thought others might be interested too. I would merely collect money and have them all printed at the same time. Cost per person would be total for the prints divided by the total number plus a flat shipping rate. I'm not advertising this as a sellable product or claiming it to be a BMW product in anyway. In addition, the poster would have all the current markings BMW uses, i.e. the newest ones have TM beside "The Ultimate Driving Machine." Stuff like that would be included as well as a standard statement stating that BMW Logo, TM's, etc belong to Bayerische Motoren Werke AG on the reverse side.

Maybe I'm wrong, idk, but with that said, I don't see an issue with this. If you have any additional info for me, please let me know as I don't want to do anything wrong or step on any one's feet here.

No disrespect inferred.

I'll break it down into pieces so that we're on the same page.

You plan to make a poster for yourself (for personal use). That's perfectly fine. No one will get in a twist over that.

You would also like to have posters made for other members (that will be sold at cost). That is NOT perfectly fine and legal. That's trademark infringement. See Title 15 of the U.S. Code -- also known as the Lanham Act (1946).

In addition to me not allowing the facilitation of the trademark infringement on my site, the poster maker, if reputable, should reject your order as well.

BMW, by the way, is in the business of selling posters, cards, and other items that look just like your proposed poster. This is why BMW goes after sellers of goods and services that "look" just like the product you're trying to sell. It does this for a few reasons: one, it has the exclusive right to market, brand, and sell products that bear the BMW name and logos (marks). (If you're interested in the economic theory on why trademarks are granted in the first place, I would advise you to look at almost every opinion authored by Judge Posner -- who presides in the 7th Circuit Court of Appeals.)

Two, your product creates consumer confusion in the marketplace. This is one of the primary reasons for trademarks in the U.S. Indeed, even though your primary buyers may know exactly where the poster came from (you), a second buyer may not (even though you plan to put disclaimers on the product).

As to point two, imagine if I decided to create a vehicle that looks like a Rolls Royce. Imagine, moreover, that I slapped Rolls Royce's trademarks in the appropriate places on the car. Finally, imagine that I decided to put the car into the stream of commerce. I would not be saved by the fact that I also put a big sticker on the side of the door, saying this is definitely NOT a Rolls Royce.

Not only would Rolls Royce nail me on the basic elements of its trademark case, it would also throw in a dilution claim (standard practice in all trademark lawsuits), saying that I am diluting its mark.

Bottom line? It doesn't matter if you throw a disclaimer on the poster. It doesn't matter if you're selling the poster at your exact cost. BMW has an exclusive right to market and sell the very kinds of posters you're trying to create and sell. As a result, you will be engaging in trademark infringement as soon as you sell your first poster.

Create a poster for your own personal use. Nothing wrong with that.

Do not, though, create a poster -- using BMWs marks -- that you plan to sell.

I hope you understand my position.

And, as you said, no disrespect directed toward you either. Just want you to understand where I'm coming from.

[Mtnman]

and now I'm smarter. sweet.

[billschusteriv]

No disrespect, but maybe you have misinterpreted the point. I'm not doing this for profit or gain. My intentions were to just create one for myself to add to my collection. Just thought others might be interested too. I would merely collect money and have them all printed at the same time. Cost per person would be total for the prints divided by the total number plus a flat shipping rate. I'm not advertising this as a sellable product or claiming it to be a BMW product in anyway. In addition, the poster would have all the current markings BMW uses, i.e. the newest ones have TM beside "The Ultimate Driving Machine." Stuff like that would be included as well as a standard statement stating that BMW Logo, TM's, etc belong to Bayerische Motoren Werke AG on the reverse side.

Maybe I'm wrong, idk, but with that said, I don't see an issue with this. If you have any additional info for me, please let me know as I don't want to do anything wrong or step on any one's feet here.

zhp pilot - after having known Marcus for the time I have (albeit brief), I don't believe there is anything intended or implied here other than a genuine concern that all of us remain on the right side of the law...

Fortunately for us, Marcus has the legal background and familiarity with enough case studies (or where to look) to help us out in this regard...

I'm sure such a poster would attract plenty of interest from our brethern on this site without having the look and feel of a BMW advertisement. I think, if anything, a poster with that information on it would just lead people to believe BMW had enough foresight to create an advertisement for our not-so-special cars.

[Marcus-SanDiego]

That's correct, Bill. I think the poster is actually pretty nice looking. I'd buy one if BMW was selling it.

I just want to make sure that my site does not run afoul of the law, though. BMW AG's attorneys are aware of my site (I've actually corresponded with them through email).

Create a poster that doesn't incorporate BMW's trademarks -- and doesn't create consumer confusion as to who created the poster -- and I'm onboard.

[HokieZHP]

EDIT:

whoops misread your thread. Thought you wanted to borrow a car for you to shoot. Anyways, my brother is into photo so I'll see if he can come with me this weekend to take some pics of my car for you.

[zhp pilot]

Thanks Marcus. I understand.

I've editted the OP based on what you have said. I still plan on making one for my personal use but if others would like one then I will remove the BMW stuff. I'm assuming removing the white boxes and just adding text that says "BMW 330Ci or i Performance Package" would be ok?

[zhp pilot]

Well if anyone in the Charlotte area that has a stocky want's to meet up I can get some shots. I have the equipment. My Canon XSi should work just fine for what I need.



Does anyone have photos from the shoot the main banner was taken from? That silver gray coupe in the banner would be perfect and it appears that pic was taken in a parking structure or something.

[Marcus-SanDiego]

Thanks Marcus. I understand.

I've editted the OP based on what you have said. I still plan on making one for my personal use but if others would like one then I will remove the BMW stuff. I'm assuming removing the white boxes and just adding text that says "BMW 330Ci or i Performance Package" would be ok?

There is nothing wrong with taking a picture and identifying what it is.

But, yeah, scrape those BMW logos and boxes out of there (on the bottom right).

Glad we could get this squared away. And this note: thanks for understanding. It was nothing personal at all.

[billschusteriv]

Well if anyone in the Charlotte area that has a stocky want's to meet up I can get some shots. I have the equipment. My Canon XSi should work just fine for what I need.



Does anyone have photos from the shoot the main banner was taken from? That silver gray coupe in the banner would be perfect and it appears that pic was taken in a parking structure or something.

Marcus had a picture shoot with the 5 ZHPs done by Casey for the current banner....

[zhp pilot]

I'm still looking. Please post some if you have them. Thanks.

[lilcdkey]

http://www.flickr.com/photos/61147888@N06/5680975513/in/set-72157626981243734

[danewilson77]

http://www.flickr.com/photos/61147888@N06/5680975513/in/set-72157626981243734

:like

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