• Registered: 2004-04-20
  • Posts: 2

Topic: Permission for Herbie clone?

Hello, I have a quick question. I'm in the final stages of reconditioning a 1965 Beetle and have been contemplating doing the paint scheme in the traditional Herbie fashion. I've only found 1 place(DMC Graphics) that makes Herbie decal kits and they're located in Canada. I've tried to contact them but haven't had any success. On their website I noticed a disclaimer that says you must obtain permission from the trademark owner before you apply them to your vehicle. Does anyone know abou this? Could I really get sued by Disney for putting Herbie decals on my car? If I do need permission who would I speak to? I've seen plenty of cars in magazines with the 53's and stripes, but haven't read anything about needing permission to do so. If it is okay, does anyone know where I can get Herbie decals? Any info would be greatly appreciated. Thanks.

2 Reply by Guest

  • Guest
  • Guest

Re: Permission for Herbie clone?

I own an original Herbie. Stop by our Herbie website: http://www.geocities.com/lovebugfans/index1.htm
Greg Carr ( DrHerbie ) has a perfect set of decals all set and copied from his original Herbie and available for sale.  Greg's e-mail is  drherbie53@aol.com
Tell him Darby sent you.
The website itself is a fabulous wealth of Herbie information for an accurate replica.
-Darby Milnor

  • Registered: 2004-04-20
  • Posts: 2

Re: Permission for Herbie clone?

Thanks Darby, I emailed him last week but have yet to hear back from him. I can't seem to find anything on the site about the legality of making a Herbie replica though.

  • Registered: 2004-03-29
  • Posts: 40

Re: Permission for Herbie clone?

Although Disney COULD, in theory, sue you for violating their copyrights, I have never heard of them doing so to any Herbie replica owner yet. I'm pretty sure that the people that print the decals make the disclaimer to attempt to legally protect themselves. The ironic thing is that by replicating the Herbie markings, they are the ones violating the copyrights, and if Disney wanted to, they could go after them and most likely prevail in court. Similar to the way VWOA went after people making things with the VW logo, and we all know how well that worked out for them as far as publicity goes wink As long as you do not try to use the Herbie replica in advertising or other money making endevour, you will probably never pop up on the Disney radar, and have nothing to worry about.

  • Registered: 2004-04-10
  • Posts: 18

Re: Permission for Herbie clone?

I'm educated in trademarks & copyrights and Leagally you have nothing to worry about as long as it's for your own personal use. If however you made money off of the car say like at a car show where it was advertised it was going to make an apearence then you would be in violation and Disney could and would sue you. Now in the case of these decals it's like Steve said they're just covering their butts. Later.

  • From: Western New York
  • Registered: 2005-04-10
  • Posts: 31

Re: Permission for Herbie clone?

Rosewood Signs  400 Wales Ave Tonawanda, NY 14150  716 692 1435

Makes the Herbie Replica Decals.  She can make you either the Original 69 Movie Type (lighter blue) or the Darker Blue that was in the Monte Carlo Movie.  She is very nice... and for the record... they are exact, no changes, that I am aware of.

This is where Greg Carr buys them from.  He includes and instruction manual on them, (a small piece of paper telling you where to put them.) ... but I suspect you can figure that out.

- Well Behaved Women Rarely Make History

7 Reply by Drew

  • Drew
  • Guest

Re: Permission for Herbie clone?

I wish to make my 64 bug, an alternative herbie, being that the car is black and want to do the reverse negative effect. With the stripes being green, black and yellow, the number being a reverse image with reverse colours.

I will not be fitting them as stickers, but rough paint effect. To make the car a worn look.

Any suggestions.

  • From: Western New York
  • Registered: 2005-04-10
  • Posts: 31

Re: Permission for Herbie clone?

Sounds like a lot of work.  I have seen a Herbie that was painted and the gentleman who did it certainly took a lot of time doing it.  Of course he made a mess spraying it into the vent in the back of the car (in my opinion) and the decals look a little better from that stand point.

But if you need measurements from the original decals I could do it for you.  Just let me know.

- Well Behaved Women Rarely Make History

9 Reply by Drew

  • Drew
  • Guest

Re: Permission for Herbie clone?

FAO Wendyful,  That would be brilliant if you could get the measurements for me. I don't know if i can get the decals made as stickers with the worn look [in green, black and yellow etc].

  • From: Warrington UK
  • Registered: 2005-06-13
  • Posts: 1

Re: Permission for Herbie clone?

Drew wrote:

FAO Wendyful,  That would be brilliant if you could get the measurements for me. I don't know if i can get the decals made as stickers with the worn look [in green, black and yellow etc].

Now registered as Rockbug..

Rockbug's Website

  • Registered: 2005-06-02
  • Posts: 427

Re: Permission for Herbie clone?

Blue Beetle--since you are the copyrights person--Does Disney need to secure any rights from VW to use the car and it's likeness, is that copyrightable??  I'm guessing Disney will run the usual "Not affiliated" disclaimer and will not ,like in the other movies refer to it as a VW bug or other known nickname but maybe Love Bug.  I'm kinda curious as I'm from the animation industry and am assuming an animated series would be in the works after the movie release and wonder if the beetle 'likeness' is copyright material  since it is a money making venture.  As far as an animated series is concerned I know that a design would be altered enough to not be a Beetle but still be rather beetle shaped so as not to infringe on marque if that were a problem--but still curious.

Patty B.
'69 stock bug
  • From: Colorado Springs, CO
  • Registered: 2004-03-27
  • Posts: 3,622

Re: Permission for Herbie clone?

Patty: Here are a couple of interesting and informative links:
http://www.vwtrademarks.com/vw.aspx?file=vwlicense2.htm
http://www.vwtrademarks.com/vw.aspx?file=vwguide.htm

They have an email address that I'd bet could serve to answer your specific questions:    VWTrademarks@vw.com.

Clancy

  • From: Western New York
  • Registered: 2005-04-10
  • Posts: 31

Re: Permission for Herbie clone?

If you look at any of the Herbie merchandise for the new movie there are TWO copyrights posted.  One for Herbie filed by Disney and One for Volkswagen filed by VW.

Cooperative effort there.

- Well Behaved Women Rarely Make History
  • From: Western New York
  • Registered: 2005-04-10
  • Posts: 31

Re: Permission for Herbie clone?

Oh Drew I have all the measurements in my VW file.

I have a guy who can make them for you.  He is great.

Gregg Carr has his decals made here in Buffalo, and they are printed.  Meaning the color is PRINTED on white vinyl.  So if it gets scratched it will show white through.  Also in my experience the decals fade, and can run in certain conditions.

The ones I had made are ALL color vinyl all the way through.  You would just have to tell him what colors you want what components. Voila. simple.

- Well Behaved Women Rarely Make History
  • TomB
  • Moderator
  • Offline
  • From: Austin, TX
  • Registered: 2004-03-27
  • Posts: 1,088

Re: Permission for Herbie clone?

In the first Love Bug movie Disney was careful to avoid anything with a VW on it. All logos were removed from the car - even had plain hubcaps - but there was a slipup in at least one interior scene (where car sections were always used). You notice in that movie Herbie was always called "the little car" and never a VW. I guess that was before VW trademarked the overall shape of the Beetle. Walt was well known for not wanting to pay other companies for using their products. By the second movie VW had been helped so much they must have wanted Disney to use VW - so then the logos are there and they even refer to Herbie as a VW.