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-   -   "Tasteful" Driveway Mural? (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/tasteful-driveway-mural-343353/)

LieutenantEd 08-11-2023 11:18 AM

"Tasteful" Driveway Mural?
 
1 Attachment(s)
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 08-11-2023 04:01 PM

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

Bill14564 08-11-2023 04:16 PM

Quote:

Originally Posted by LieutenantEd (Post 2244102)
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 08-11-2023 04:43 PM

Might be a trademark infringement - The Rolling Stones - Gerben IP

Michael 61 08-11-2023 04:47 PM

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 08-11-2023 05:07 PM

Quote:

Originally Posted by manaboutown (Post 2244235)
Might be a trademark infringement - The Rolling Stones - Gerben IP

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 08-11-2023 05:23 PM

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

manaboutown 08-11-2023 05:56 PM

Quote:

Originally Posted by Taltarzac725 (Post 2244244)
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

Djean1981 08-11-2023 06:10 PM

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 08-11-2023 06:30 PM

Quote:

Originally Posted by LieutenantEd (Post 2244102)
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 08-11-2023 07:50 PM

Quote:

Originally Posted by Taltarzac725 (Post 2244244)
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 08-11-2023 08:42 PM

Quote:

Originally Posted by manaboutown (Post 2244264)
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

Who is the consumer?

It is art work on a driveway.

dhdallas 08-11-2023 10:01 PM

Quote:

Originally Posted by LieutenantEd (Post 2244102)
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 08-11-2023 10:07 PM

Quote:

Originally Posted by Taltarzac725 (Post 2244244)
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 08-12-2023 06:13 AM

Quote:

Originally Posted by LieutenantEd (Post 2244102)
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

Jayhawk 08-12-2023 06:21 AM

Quote:

Originally Posted by Djean1981 (Post 2244267)
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 08-12-2023 06:56 AM

I always consider resale value when doing something to our home

JGibson 08-12-2023 07:10 AM

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

Two Bills 08-12-2023 07:34 AM

Quote:

Originally Posted by OrangeBlossomBaby (Post 2244207)
So you're saying you're not a Rolling Stones fan?

At least the drive wont gather any moss!

Barkriver 08-12-2023 08:15 AM

. My thoughts exactly!

Chi-Town 08-12-2023 08:24 AM

Quote:

Originally Posted by LieutenantEd (Post 2244102)
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 08-12-2023 08:43 AM

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

Taltarzac725 08-12-2023 08:47 AM

Quote:

Originally Posted by TeresaE (Post 2244467)
“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 08-12-2023 08:51 AM

Quote:

Originally Posted by Taltarzac725 (Post 2244473)
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 08-12-2023 09:00 AM

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

Boomer

mikeycereal 08-12-2023 09:18 AM

Quote:

Originally Posted by manaboutown (Post 2244264)
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

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 08-12-2023 10:46 AM

Quote:

Originally Posted by mikeycereal (Post 2244488)
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 08-12-2023 11:40 AM

Quote:

Originally Posted by Taltarzac725 (Post 2244519)
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 08-12-2023 11:58 AM

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

jimjamuser 08-12-2023 12:31 PM

Quote:

Originally Posted by Boomer (Post 2244479)
Oh, lighten up, “It’s Only Rock ‘n’ Roll.”

Boomer

"But I like it"

Red Rose 08-12-2023 12:50 PM

Red Rose
 
Very distasteful and inappropriate for The Villages.

Taltarzac725 08-12-2023 01:38 PM

Quote:

Originally Posted by Bill14564 (Post 2244535)
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.

JMintzer 08-12-2023 02:48 PM

Quote:

Originally Posted by Two Bills (Post 2244552)
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 08-12-2023 05:38 PM

Quote:

Originally Posted by dhdallas (Post 2244299)
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 08-12-2023 05:41 PM

Quote:

Originally Posted by Red Rose (Post 2244569)
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 08-12-2023 05:48 PM

Quote:

Originally Posted by JMintzer (Post 2244288)
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 08-12-2023 06:04 PM

The logo has an interesting history. Tongue and lips logo - Wikipedia

I'm Popeye! 08-12-2023 07:06 PM

1 Attachment(s)
Quote:

Originally Posted by dhdallas (Post 2244299)
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 08-12-2023 11:35 PM

Quote:

Originally Posted by I'm Popeye! (Post 2244675)
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 08-13-2023 04:24 AM

Quote:

Originally Posted by Bill14564 (Post 2244535)
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


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