Whataburger "AR"

TimLanders · Post by **TimLanders** » Tue Mar 26, 2019 7:55 pm

I didn't see this posted elsewhere. I'm sure Whataburger is freaking out.

https://dfw.cbslocal.com/2019/03/26/tex ... ed-weapon/

Post by **carlson1** » Tue Mar 26, 2019 7:58 pm

It sounds like Whataburger is upset with the build. It is hard to believe they are a Texas company.

crazy2medic · Post by **crazy2medic** » Tue Mar 26, 2019 7:58 pm

Whataburger w/cheese large order of fries medium drink and a AR15 to go!

G.A. Heath · Post by **G.A. Heath** » Tue Mar 26, 2019 8:11 pm

Before people comedown on Whataburger over their statement(s) regarding the firearm they need to keep in mind that this thing is literally covered in someone's protected trademarks that the owners of those marks are legally required to defend or risk having invalidated. If you see a lawsuit filed you can bet it will be in regards to the trademark(s). What can happen is that Whataburger could work out a licensing agreement to show they defended their marks and still allow the customer who ordered the AR to purchase it without a lawsuit but that will most likely require some negotiation from both sides.

TreyHouston · Post by **TreyHouston** » Tue Mar 26, 2019 8:58 pm

I agree with Wataburger! You can’t go putting peoples logos on stuff. But then again, free speech? Trump balloon? I believe it was a plumbers company name on a truck used by ISIS? Etc...

kayt00 · Post by **kayt00** » Tue Mar 26, 2019 9:18 pm

Its not a priduction gun. This sort of thing is done all the time, was there any sort of lawsuit around the Hello Kitty AR, or Star Wars themed, or any other themed AR. I'm with the builder, its nothing more than a custom order for a customer.

warnmar10 · Post by **warnmar10** » Tue Mar 26, 2019 9:27 pm

kayt00 wrote: Tue Mar 26, 2019 9:18 pmIts not a priduction gun. This sort of thing is done all the time, was there any sort of lawsuit around the Hello Kitty AR, or Star Wars themed, or any other themed AR. I'm with the builder, its nothing more than a custom order for a customer.

This.

warnmar10 · Post by **warnmar10** » Tue Mar 26, 2019 9:28 pm

warnmar10 wrote: Tue Mar 26, 2019 9:27 pmThis.

Oh wait. It was sold for profit. If I go out to the garage and build my own Whataburger AR I don't think they can touch me. If I build one to sell I don't see how it isn't a trademark issue.

I wonder if they would consider building me a Chic-fil-a AR?

Oldgringo · Post by **Oldgringo** » Tue Mar 26, 2019 9:48 pm

I don't understand the apparent fixation on Whataburger. They are not even our second fast food choice.

joe817 · Post by **joe817** » Tue Mar 26, 2019 9:51 pm

Oldgringo wrote: Tue Mar 26, 2019 9:48 pm I don't understand the apparent fixation on Whataburger. They are not even our second fast food choice.

What's your first fast food choice? Dairy Queen?

Oldgringo · Post by **Oldgringo** » Tue Mar 26, 2019 10:01 pm

joe817 wrote: Tue Mar 26, 2019 9:51 pm
Oldgringo wrote: Tue Mar 26, 2019 9:48 pm I don't understand the apparent fixation on Whataburger. They are not even our second fast food choice.
What's your first fast food choice? Dairy Queen?

We like Legends and given a choice between Whataburger and Taco Bell, we'll go to Braums.

KLB · Post by **KLB** » Tue Mar 26, 2019 10:11 pm

Oldgringo wrote: Tue Mar 26, 2019 10:01 pm We like Legends and given a choice between Whataburger and Taco Bell, we'll go to Braums.

Here in San Antonio, it's a penal offense to be found at a Taco Bell.

I don't think Whataburger is as good as I remember from my youth, but I still go.

It's also possible my tastes have matured.

kayt00 · Post by **kayt00** » Wed Mar 27, 2019 6:23 am

warnmar10 wrote: Tue Mar 26, 2019 9:28 pm
warnmar10 wrote: Tue Mar 26, 2019 9:27 pmThis.
Oh wait. It was sold for profit. If I go out to the garage and build my own Whataburger AR I don't think they can touch me. If I build one to sell I don't see how it isn't a trademark issue.

I wonder if they would consider building me a Chic-fil-a AR?

I get the "for profit" thing. But many artists and craftsman have put together themed whataburger works. Id bet the contents of my safe (empty because of a horrible boating accident) that some of those were sold for profit and yet WaB didnt bat an eye.

crazy2medic · Post by **crazy2medic** » Wed Mar 27, 2019 7:42 am

I get the "for profit" thing. But many artists and craftsman have put together themed whataburger works. Id bet the contents of my safe (empty because of a horrible boating accident) that some of those were sold for profit and yet WaB didnt bat an eye.
[/quote]

I'm assuming in your terrible boat accident that you also lost your belt loops, shoelaces, and all those rubberbands!

Tex1961 · Post by **Tex1961** » Wed Mar 27, 2019 8:29 am

kayt00 wrote: Wed Mar 27, 2019 6:23 am
warnmar10 wrote: Tue Mar 26, 2019 9:28 pm
warnmar10 wrote: Tue Mar 26, 2019 9:27 pmThis.
Oh wait. It was sold for profit. If I go out to the garage and build my own Whataburger AR I don't think they can touch me. If I build one to sell I don't see how it isn't a trademark issue.

I wonder if they would consider building me a Chic-fil-a AR?
I get the "for profit" thing. But many artists and craftsman have put together themed whataburger works. Id bet the contents of my safe (empty because of a horrible boating accident) that some of those were sold for profit and yet WaB didnt bat an eye.

You're on the right track here....

But in the world of copyright, trademark,"letter of the law" and profit VS reward thing.... It gets a bit more muddled.

First a little bit of my personal info....
I manufacture and sell several different firearm related items such as grips, magazine base plates, AR-15 magwell stickers, etc, etc... Almost half of my business is custom work....

On a weekly basis, I get requests to custom engrave logo's such as Star Wars, Disney, and lots of firearm manufacture logo's (Colt, S&W, etc, etc.) I have to refuse all of those requests as I am a "for profit business" and I do not have permission from those companies to use their trademarked logo's.... However.. If a friend of mine wants said logo, and I'm not going to charge him for it then I don't have any issue with engraving one...

Years back, we were allowed to use the U.S Armed forces logo's.... But that was changed and now I can't use the Marine, Air Force logo's without express permission.... I've even received a desist letter from the U.S.M.C before the law became widely known.... So now I won't touch one....

Now.... The profit VS reward thing....

There are thousands of us little guys out there throwing out a few copyright violations each year.. Whether we may know it our not.... The problem is at what point does a company decide if it's worth spending the money on pursuing legal action.... As you stated in your post, if you go out and build your own not for profit, then they are probably not going to even give you a second look.... While technically your still skirting with the "letter of the law" on trademark issues, it's just not worth their time or $$ to jump on an individual.... And sometimes depending on what you are using their logo for it's actually free advertising for them..... But as we all know, when you get into the political minefield of firearms that changes pretty quick.....

So, it brings us to the current situation...
Here is a business who has "without permission" manufactured AND posted in a public area their work.. Both a blatant violation of trademark laws and a contentious political item.... It made the news... This is bad press (well, some see it that way).... So I can understand their issue with this... I don't have to agree with it, but I do understand it...

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