"Tasteful" Driveway Mural?

[LieutenantEd]

ARC states "approval not required for driveway painting homes in District 10".

VS

The Community Standards ARC Mission Statement : "Assist residents in upholding aesthetic value of their property in The Villages"

Ya, right , sure....................................

[OrangeBlossomBaby]

So you're saying you're not a Rolling Stones fan?

[Bill14564]

ARC states "approval not required for driveway painting homes in District 10".

VS

The Community Standards ARC Mission Statement : "Assist residents in upholding aesthetic value of their property in The Villages"

Ya, right , sure....................................

The ARC evaluates situations according to rules adopted by each District. The ARC's opinion of the aesthetic value of that particular driveway art is irrelevant if the District 10 rules do not require ARC approval.

District 1 just had a vote on driveway painting. If you have concerns about driveways in District 10 then you should bring it up at a CDD10 meeting. The next CDD10 meeting should be Thursday.

[manaboutown]

Might be a trademark infringement - The Rolling Stones - Gerben IP (https://www.gerbenlaw.com/trademarks/musicians/the-rolling-stones/)

[Michael 61]

Ouch - I just had my driveway stained last week - and got ARC approval, since it was required in CDD 13 - and I had no design or mural painted. Interesting to see how the deeds and restrictions vary from district to district.

[Taltarzac725]

Might be a trademark infringement - The Rolling Stones - Gerben IP (https://www.gerbenlaw.com/trademarks/musicians/the-rolling-stones/)

Hardly think they are infringing on that trademark unless they are selling something related to it.

I kind of like that design on the driveway.

[buzzy]

Yikes, I have two versions of that on T-shirts, and don't have the guts to wear them in public.

[manaboutown]

Hardly think they are infringing on that trademark unless they are selling something related to it.

I kind of like that design on the driveway.

So you feel it is "fair use"?

If so likely as a parody.

"Parody — Parody is considered fair use of a trademark as it would not result in a likelihood of confusion with consumers. In these cases, consumers would likely understand that the secondary use of the mark is the subject of a joke. In addition, courts usually recognize parody as falling under the protection of the First Amendment."

From: What is Trademark Fair Use? | US Trademark Lawyers (https://www.trademarklawyerfirm.com/what-is-trademark-fair-use/)

[Djean1981]

It seems strange for houses on the same street to have different colored driveways and some lined with an image, fake painted stones, checkered, swirls, etc. It must be a Florida thing. This is the first place I've seen it.

[BrianL99]

ARC states "approval not required for driveway painting homes in District 10".

VS

The Community Standards ARC Mission Statement : "Assist residents in upholding aesthetic value of their property in The Villages"

Ya, right , sure....................................


This is a perfect example of why ALL the rules should be followed. Some folks love it, others feel it's inappropriate.

Varying tastes can only be reconciled by rules, which is why the "white crosses" are prohibited, along with a raft of other "adornments".

Just as an interesting aside to this subject, there's a trial in Sumter District Court this coming Monday (8/14), regarding the prohibition of the white crosses.

[JMintzer]

Hardly think they are infringing on that trademark unless they are selling something related to it.

I kind of like that design on the driveway.

I would totally rock that on my garage floor...

[Taltarzac725]

So you feel it is "fair use"?

If so likely as a parody.

"Parody — Parody is considered fair use of a trademark as it would not result in a likelihood of confusion with consumers. In these cases, consumers would likely understand that the secondary use of the mark is the subject of a joke. In addition, courts usually recognize parody as falling under the protection of the First Amendment."

From: What is Trademark Fair Use? | US Trademark Lawyers (https://www.trademarklawyerfirm.com/what-is-trademark-fair-use/)

Who is the consumer?

It is art work on a driveway.

[dhdallas]

ARC states "approval not required for driveway painting homes in District 10".

VS

The Community Standards ARC Mission Statement : "Assist residents in upholding aesthetic value of their property in The Villages"

Ya, right , sure....................................

Without needing any approval it is only a matter of time before someone has a swastika, a nude girl, Donald Trump, the middle finger, a wiccan pentagram, etc.

[manaboutown]

Hardly think they are infringing on that trademark unless they are selling something related to it.

I kind of like that design on the driveway.

So get it done at your place. Would your parents approve?

[GizmoWhiskers]

ARC states "approval not required for driveway painting homes in District 10".

VS

The Community Standards ARC Mission Statement : "Assist residents in upholding aesthetic value of their property in The Villages"

Ya, right , sure....................................
District 12 requires no bright colors. Must be earth tones. A person had to remove bright blue star thing. Does deed restrictions discuss colors?

I looked up District 10 Villas states clear coating only. No colors without ARC review. Is it a house or a Villa? The two types can have different restrictions.

Did you get your info from this link below?

Village Community Development Districts (https://districtgov.org/departments/community-standards/download.aspx)

[Jayhawk]

It seems strange for houses on the same street to have different colored driveways and some lined with an image, fake painted stones, checkered, swirls, etc. It must be a Florida thing. This is the first place I've seen it.

It would not work well in cold climates where the concrete expands and contracts, often resulting in cracks.

[coconutmama]

I always consider resale value when doing something to our home

[JGibson]

I think the statue of Led Zeppelin's Stairway to Heaven would've been more apropos in God's waiting room.

[Two Bills]

So you're saying you're not a Rolling Stones fan?

At least the drive wont gather any moss!

[Barkriver]

������. My thoughts exactly!

[Chi-Town]

ARC states "approval not required for driveway painting homes in District 10".

VS

The Community Standards ARC Mission Statement : "Assist residents in upholding aesthetic value of their property in The Villages"

Ya, right , sure....................................

Clever how you worked the Stones live album title "Get Yer Ya-Yas Out!" into your sign-off.

[TeresaE]

“I Just Can’t Get No Satisfaction” from this discussion. Maybe we should just “Paint it Black”.

[Taltarzac725]

“I Just Can’t Get No Satisfaction” from this discussion. Maybe we should just “Paint it Black”.

I am sure there are many designs out there that would be way too extreme to pass being drawn, painted, or whatever on Villages' driveways.

[manaboutown]

I am sure there are many designs out there that would be way too extreme to pass being drawn, painted, or whatever on Villages' driveways.

Like little white crosses maybe?

[Boomer]

Oh, lighten up, “It’s Only Rock ‘n’ Roll.”

Boomer

[mikeycereal]

So you feel it is "fair use"?

If so likely as a parody.

"Parody — Parody is considered fair use of a trademark as it would not result in a likelihood of confusion with consumers. In these cases, consumers would likely understand that the secondary use of the mark is the subject of a joke. In addition, courts usually recognize parody as falling under the protection of the First Amendment."

From: What is Trademark Fair Use? | US Trademark Lawyers (https://www.trademarklawyerfirm.com/what-is-trademark-fair-use/)

As a graphic designer for the last 16 years I've heard it's 20% changes to stay clear of copyright violations. At one company we decided to change that Stones mouth that the customer wanted to a different looking one. Though it's interesting that a lot of elem-high schools will just recolor an NFL logo for their mascot.

[Taltarzac725]

As a graphic designer for the last 16 years I've heard it's 20% changes to stay clear of copyright violations. At one company we decided to change that Stones mouth that the customer wanted to a different looking one. Though it's interesting that a lot of elem-high schools will just recolor an NFL logo for their mascot.

Brand names, logos and the like are different from something on a driveway unless that driveway is somehow a part of a commercial enterprise. Like one at a fast food place's drive-thru.

[Bill14564]

Brand names, logos and the like are different from something on a driveway unless that driveway is somehow a part of a commercial enterprise. Like one at a fast food place's drive-thru.

Understand this but still wonder: Was the business that painted the logo licensed to use that logo? They made money by painting that particular design on a driveway. If it was okay to sell as a driveway design would it be okay to sell as a design on t-shirts?

[Two Bills]

According to the ARC........."You Can't Always Get What You Want"

[jimjamuser]

Oh, lighten up, “It’s Only Rock ‘n’ Roll.”

Boomer
"But I like it"

[Red Rose]

Very distasteful and inappropriate for The Villages.

[Taltarzac725]

Understand this but still wonder: Was the business that painted the logo licensed to use that logo? They made money by painting that particular design on a driveway. If it was okay to sell as a driveway design would it be okay to sell as a design on t-shirts?

Probably if they have this as a choice of the designs they offer then that would be commercial use.

I graduated from law school in 1989 ( U of Minnesota) though so the law might have changed a bit since then. It sounds like what is protected is what is in commercial use.

How to Prove Your Trademarks are in Commercial Use | War IP Law, PLLC (https://wariplaw.com/how-to-prove-your-trademarks-are-in-commercial-use/#:~:text=Commercial%20use%20involves%20customers%2 0who,%E2%80%9Cspecimens%E2%80%9D%20to%20the%20USPT O).

[JMintzer]

According to the ARC........."You Can't Always Get What You Want"

"But if you try sometimes, well, you just might find
You get what you need..."

[Sandy and Ed]

Without needing any approval it is only a matter of time before someone has a swastika, a nude girl, Donald Trump, the middle finger, a wiccan pentagram, etc.
Have to agree. Perhaps like the color of one’s door, etc., driveway decorations should be somewhat regulated. Personally I would not enjoy living next to a house with a huge colorful tongue printed on the driveway. Somehow that bespeaks trailer camp to me. I thought I lived in a pretty nice community with better taste than that

[Sandy and Ed]

Very distasteful and inappropriate for The Villages.
Agree. Should have been more thoughtful about how the “artwork”(??) would be received by the community. Underline “community”.

[Sandy and Ed]

I would totally rock that on my garage floor...
Agree. Inside your property and just visible to you. Fine. Knock yourself out. Strange that a shed visible outside your house is prohibited as an eyesore but a garish painting outside and visible to all your neighbors is not.

[manaboutown]

The logo has an interesting history. Tongue and lips logo - Wikipedia (https://en.wikipedia.org/wiki/Tongue_and_lips_logo)

[I'm Popeye!]

Without needing any approval it is only a matter of time before someone has a swastika, a nude girl, Donald Trump, the middle finger, a wiccan pentagram, etc.

Or even worst!

[Taltarzac725]

Or even worst!

That's beautiful. Great job by the homeowners or whoever!

Some of the lesbian ladies I have met here in the Villages have hearts of gold so to speak. And values to match while the jerks who send them hate mail and other such actions act like juvenile delinquents.

[jimbomaybe]

Understand this but still wonder: Was the business that painted the logo licensed to use that logo? They made money by painting that particular design on a driveway. If it was okay to sell as a driveway design would it be okay to sell as a design on t-shirts?
I think the "out" is that they are applying the design you supplied, for your own use, if they used it in promoting their business that would be an infringement as would you selling T shirts with that design, lots of bald headed guys around here , wouldn't that make a great tat for the top of a man's head

[bsloan1960]

Is it a house or a Villa? The two types can have different restrictions.

I noticed you separated House and Villa into 2 categories. I noticed TV also does this in all of their online as well as print advertised listings- "Homes and Villas" I'm curious why villas are not seen as homes?

[Battlebasset]

Anything you paint on your driveway is going to affect the resale of the house. At best, it won't drive the price down, no one is going to pay extra for it. This would almost certainly not enhance the price.

Get a Rolling Stones flag, and hang it out when you feel like getting your ya-ya's out. Sort of like your favorite sports team. Not everyone is a Norte Dame fan. Don't paint ND on your driveway.

[Taltarzac725]

Anything you paint on your driveway is going to affect the resale of the house. At best, it won't drive the price down, no one is going to pay extra for it. This would almost certainly not enhance the price.

Get a Rolling Stones flag, and hang it out when you feel like getting your ya-ya's out. Sort of like your favorite sports team. Not everyone is a Norte Dame fan. Don't paint ND on your driveway.

Maybe the home owner has passed the house onto his or her kids in his will?

[Battlebasset]

Maybe the home owner has passed the house onto his or her kids in his will?

Perhaps but at some point "people get old, and houses get sold" even the kids that get it in the will. Unless a huge Rolling Stones fan shows up with the realtor, this is going to be an issue.

My money is that at some point, it gets removed/covered up some how.

[BrianL99]

Anything you paint on your driveway is going to affect the resale of the house. At best, it won't drive the price down, no one is going to pay extra for it. This would almost certainly not enhance the price.

Get a Rolling Stones flag, and hang it out when you feel like getting your ya-ya's out. Sort of like your favorite sports team. Not everyone is a Norte Dame fan. Don't paint ND on your driveway.

This may come as a huge shock to some folks, but there are people who buy homes to live in and enjoy as their domicile and shelter.

"Resale value" is relevant only to those who buy a "house" as an investment, not those who buy a "home".

[Taltarzac725]

Perhaps but at some point "people get old, and houses get sold" even the kids that get it in the will. Unless a huge Rolling Stones fan shows up with the realtor, this is going to be an issue.

My money is that at some point, it gets removed/covered up some how.

Bound to happen that it gets covered up. That design probably would not be all that attractive to most home buyers here in the Villages.

[midiwiz]

ARC states "approval not required for driveway painting homes in District 10".

VS

The Community Standards ARC Mission Statement : "Assist residents in upholding aesthetic value of their property in The Villages"

Ya, right , sure....................................

So i guess you are an appraiser? I find it hilarious the reaches people that move to Florida make about property values. I ran a HOA for 4 years and heard it non-stop - and none of it was valid.

Personally I know this driveway and love it, same for the one with the Harley Davidson logo. I see nothing wrong with any of it as it doesn't have any effect on property values. If you want to talk marketability then you have a discussion, but not values.

[Fastskiguy]

This is a perfect example of why ALL the rules should be followed. Some folks love it, others feel it's inappropriate.

Varying tastes can only be reconciled by rules, which is why the "white crosses" are prohibited, along with a raft of other "adornments".
\

You're so right about this. I mean...we all want to do our own things but if we allow your ornate white cross and baby Jesus sculpture then you need to let the crazy person have their sculpture of satan sodomizing a sexy angel as well. How badly do we want to let the rules slide?

Joe

[BrianL99]

You're so right about this. I mean...we all want to do our own things but if we allow your ornate white cross and baby Jesus sculpture then you need to let the crazy person have their sculpture of satan sodomizing a sexy angel as well. How badly do we want to let the rules slide?

Joe

100% right Joe.

I had an issue with an HOA (in Florida) who was making "exceptions" to the rules. When I showed them an artist's rendering of the my proposed "decorations" for a less than mainstream "holiday", they decided that maybe they should just follow the adopted rules and the 40' inflatable Santa Clauses were taken down.

The Sumter District Court is supposed to have a Jury Trial today, on CDD #8's order that the Anderson's remove their "white crosses". I can't wait to see how that goes.

[patfla06]

I would totally rock that on my garage floor...

Exactly, inside on your garage floor not on your driveway which your neighbors have to look at.