[TheForge] Branding Irons? Professional witness?

Jerry Frost frosty at customcpu.com
Thu May 3 02:20:25 EDT 2007


The thread may have gone a bit astray but if you aren't 
considering liability you should.

You are aware of what a branding iron is yes? I don't 
mean something to burn or freeze a design into 
livestock or property; it's a registered trademark. 
Making and selling someone else's brand could land you 
in more hot water than some self mutilating yingyang 
ever could. It doesn't have to be for branding either, 
just selling one to hang on a wall is trademark 
infringement and believe me ranchers are serious about 
the matter.

Then of course you have to consider the yahoo rancher 
that orders his new branding iron then uses it 
incorrectly, (usually too cool) injures (non-cauterized 
wound becoming infected) one or more animals and wants 
to take you to court for a faulty branding iron. Even 
if s/he doesn't win, it'll cost you a bunch 
(unrecompensible expenses, like time lost) defending 
yourself. AND you must defend yourself or lose by 
default.

So, even though the conversation has drifted off your 
target, the legal exposure remains and who knows a 
useful suggestion may develop.

Besides, even though you may not want to brand anybody 
I'm sure most of us on the list can think of a few folk 
who should be branded as a form of warning to others. 
<grin>

Okay, check the branding iron registry before you agree 
to make an iron for sale. I don't know if you'd be 
liable for making an already registered iron for 
yourself but I'd think about it first. Don't take me 
wrong I don't think there're branding iron police 
kicking in barn doors looking for artists. Rustling on 
the other hand is serious business and having someone 
elses iron is not a good thing. At least they aren't 
likely to drag you out and hang you. <grin>

Frosty
-------------------------------
If it ain't forged
it ain't real.
Wrought iron is.
The FrostWorks

Meadow Lakes, AK.

http://www.artmetalradio.com/

From: "Jonathan Barnhart" <blakkpawss at yahoo.com>


>I think several of you missed my point here and have
> gone way off topic.  "I'M NOT MAKING ANY BRANDING
> IRONS FOR THE PURPOSE OF BRANDING A HUMAN BEING".
> Thus, unless a cow or a horse gets a lawyer on
> retainer I should be O.K.  I'm only going to be 
> making
> decorative wall hanger items or irons used for the
> cattle industry.  No human branding, no 
> scarification,
> no weird fetishism stuff.  The first guy on my list
> wants it for his farm.  He'd probably beat somebody 
> up
> for suggesting that he was going to brand himself or
> somebody else.  So, unless you can tell me something
> about the construction of these irons, please hold
> your off topic comments to yourself.  Thank you to 
> the
> few people who have actually helped me in this
> endeavor.



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