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Alright so I have a dream to open a museum....not a huge establishment but a small gallery based around a specfic guitar brand that was originally produced in my town back in the 60's.

Since the 80's,the brand name has been sold off from its original owner to another company based on the other side of the country.  I would like to call the museum,  The 'guitar brand name' Museum.

I have sent them an email with my idea and have not received any response. 

Can I just start this museum and call it that without any kind of legal repercussions.  I will definilty try to contact them again especially since I seem to be getting closer and closer to finding a gallery space and hope to open within the next year or two.

I figured I would put the questions out here and hope to hear any advice from other museum advocates.  

Thanks,
Mark Baird

Hey Mary,  You might want to try the Museum of Making Music in Carlsbad.  They represent the industry and might be able to help...Sully

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Robert Sullivan
Partner
Washington DC
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Original Message:
Sent: 09-22-2017 03:17 AM
From: Mark Baird
Subject: Starting a Museum about a product without permission....

Alright so I have a dream to open a museum....not a huge establishment but a small gallery based around a specfic guitar brand that was originally produced in my town back in the 60's.

Since the 80's,the brand name has been sold off from its original owner to another company based on the other side of the country.  I would like to call the museum,  The 'guitar brand name' Museum.

I have sent them an email with my idea and have not received any response.

Can I just start this museum and call it that without any kind of legal repercussions.  I will definilty try to contact them again especially since I seem to be getting closer and closer to finding a gallery space and hope to open within the next year or two.

I figured I would put the questions out here and hope to hear any advice from other museum advocates.

Thanks,
Mark Baird

I will start off by saying I am not a lawyer but I have worked with a lot of companies handling their branding and some don't care but most do and will go after anyone that wrongfully uses the name.  Think of it this way, if you use the name without permission then someone else can use the name without permission using your museum as an example.  If it continues the company can end up losing rights to the name/branding because everyone else has been using the name.

The name is in-part what gives a company its reputation (Outside of making great guitars, its name recognition) and there may be things that they are not proud of that they would want to control the messaging.  The name belongs to the company and at best you will be asked to rename the museum and or remove any mention of the company name in the exhibit; at worst (most likely) you will be asked to shut down.  Again I am not a lawyer but I have seen companies go after people for less.

Where I live we have Martin Guitar which does a tour of the facility and a history of the Guitar company and they give out the center "Soundhole" with the company name etched on the wood.  

I would highly suggest that you make every effort to contact them before you go any further and maybe see if they are willing to give you the "Soundholes".  The "Soundholes" are scrap wood and would not cost them anything to give them to you. Maybe create a stamp with the Museum Logo on them and give them to your visitors?

If you have a problem connecting with someone at the company I would suggest checking LinkedIn and see if someone in your network works or knows someone that works for the company who will be willing to make the right connection for you.

This can easily end badly for you.

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Raymond Stivala
Manager of Web/Multimedia Development
The Newark Museum
Newark NJ
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Original Message:
Sent: 09-22-2017 03:17 AM
From: Mark Baird
Subject: Starting a Museum about a product without permission....

Alright so I have a dream to open a museum....not a huge establishment but a small gallery based around a specfic guitar brand that was originally produced in my town back in the 60's.

Since the 80's,the brand name has been sold off from its original owner to another company based on the other side of the country.  I would like to call the museum,  The 'guitar brand name' Museum.

I have sent them an email with my idea and have not received any response.

Can I just start this museum and call it that without any kind of legal repercussions.  I will definilty try to contact them again especially since I seem to be getting closer and closer to finding a gallery space and hope to open within the next year or two.

I figured I would put the questions out here and hope to hear any advice from other museum advocates.

Thanks,
Mark Baird

I don't know the answer to your basic question of do you need their permission to start the museum, I'm guessing no, not technically, but if there are trademarks, copyright and licensing involved, you might run into a lot of problems. For instance, even if you don't need their permission to have a museum, what if you can't market the museum or exhibitions without permission to use their name? Or use any photos in your marketing and collateral materials? 

I think there are things you can do in the meantime. One, make a pest of yourself. Don't just email the info account once with your idea. Call them, write them, try to find contact information for individuals, reach out to their marketing and PR people, etc. 

Could you set it up as your personal collection? I'm assuming that's where the guitars are coming from, and I understand that your name might not have the same recognition as the guitar brand, but seems like it might be safer to open as "The Baird Guitar Collection." 

Good luck!

------------------------------
Ray Smith PhD
Director
Corita Art Center
Los Angeles CA
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Original Message:
Sent: 09-22-2017 03:17 AM
From: Mark Baird
Subject: Starting a Museum about a product without permission....

Alright so I have a dream to open a museum....not a huge establishment but a small gallery based around a specfic guitar brand that was originally produced in my town back in the 60's.

Since the 80's,the brand name has been sold off from its original owner to another company based on the other side of the country.  I would like to call the museum,  The 'guitar brand name' Museum.

I have sent them an email with my idea and have not received any response.

Can I just start this museum and call it that without any kind of legal repercussions.  I will definilty try to contact them again especially since I seem to be getting closer and closer to finding a gallery space and hope to open within the next year or two.

I figured I would put the questions out here and hope to hear any advice from other museum advocates.

Thanks,
Mark Baird

Mark,

I am the archivist/collections manager with the National Association of Music Merchants, located conveniently a floor above the Museum of Making Music here in Carlsbad, CA.  I would be happy to provide you with any resources I can to try and help you with your goals.  Feel free to contact me at elizabethd@namm.org directly if I can be of any service. 


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Elizabeth Dale
Archivist & Oral History Coordinator
Carlsbad CA
------------------------------

Original Message:
Sent: 09-22-2017 03:17 AM
From: Mark Baird
Subject: Starting a Museum about a product without permission....

Alright so I have a dream to open a museum....not a huge establishment but a small gallery based around a specfic guitar brand that was originally produced in my town back in the 60's.

Since the 80's,the brand name has been sold off from its original owner to another company based on the other side of the country.  I would like to call the museum,  The 'guitar brand name' Museum.

I have sent them an email with my idea and have not received any response.

Can I just start this museum and call it that without any kind of legal repercussions.  I will definilty try to contact them again especially since I seem to be getting closer and closer to finding a gallery space and hope to open within the next year or two.

I figured I would put the questions out here and hope to hear any advice from other museum advocates.

Thanks,
Mark Baird

Sorry for the late reply, but please think this through.

Of course the guitar company cares about a rogue museum being established in its name.  They would be fools to not go after you for doing this.  Put yourself in their shoes - suppose somebody decided that only white supremacists really love Gibsons, so they design the museum to appeal to white supremacists.  How do you think Gibson will feel about that?  They have to protect the brand.

In any case, if it's well-known brand, even if it was purchased by another company, they will likely already have a museum (as in the Martin example).  A better idea is to gather a few other guitars and start your own guitar museum, which just happens to have a lot of Gibsons.

Good luck!

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Tisha Carper Long
Northern California
------------------------------

Original Message:
Sent: 09-22-2017 03:17 AM
From: Mark Baird
Subject: Starting a Museum about a product without permission....

Alright so I have a dream to open a museum....not a huge establishment but a small gallery based around a specfic guitar brand that was originally produced in my town back in the 60's.

Since the 80's,the brand name has been sold off from its original owner to another company based on the other side of the country.  I would like to call the museum,  The 'guitar brand name' Museum.

I have sent them an email with my idea and have not received any response.

Can I just start this museum and call it that without any kind of legal repercussions.  I will definilty try to contact them again especially since I seem to be getting closer and closer to finding a gallery space and hope to open within the next year or two.

I figured I would put the questions out here and hope to hear any advice from other museum advocates.

Thanks,
Mark Baird

I just want to thank everyone for all the great advice!  

I'll definitly be considering all of these options and siutations and now at the starting point of doing everything I can to contact the company.  I'm also in talks with a lawyer friend and if the company doesn't respond will probably take the approach of Naming the place after the town and their history of guitar production as I believe another guitar company also had a factory close by.

Thanks again!

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Mark Baird
Assistant Manager, Guest Services
Grounds for Sculpture
Hamilton NJ
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Original Message:
Sent: 09-27-2017 02:40 AM
From: Letitia Carper Long
Subject: Starting a Museum about a product without permission....

Sorry for the late reply, but please think this through.

Of course the guitar company cares about a rogue museum being established in its name.  They would be fools to not go after you for doing this.  Put yourself in their shoes - suppose somebody decided that only white supremacists really love Gibsons, so they design the museum to appeal to white supremacists.  How do you think Gibson will feel about that?  They have to protect the brand.

In any case, if it's well-known brand, even if it was purchased by another company, they will likely already have a museum (as in the Martin example).  A better idea is to gather a few other guitars and start your own guitar museum, which just happens to have a lot of Gibsons.

Good luck!

------------------------------
Tisha Carper Long
Northern California

Original Message:
Sent: 09-22-2017 03:17 AM
From: Mark Baird
Subject: Starting a Museum about a product without permission....

Alright so I have a dream to open a museum....not a huge establishment but a small gallery based around a specfic guitar brand that was originally produced in my town back in the 60's.

Since the 80's,the brand name has been sold off from its original owner to another company based on the other side of the country.  I would like to call the museum,  The 'guitar brand name' Museum.

I have sent them an email with my idea and have not received any response.

Can I just start this museum and call it that without any kind of legal repercussions.  I will definilty try to contact them again especially since I seem to be getting closer and closer to finding a gallery space and hope to open within the next year or two.

I figured I would put the questions out here and hope to hear any advice from other museum advocates.

Thanks,
Mark Baird