GEMSCO NOS UNIFORM EPAULETTES - DEPUTY SHERIFF - BLACK with GOLD LUREX LETTERING for Sale

GEMSCO NOS UNIFORM EPAULETTES - DEPUTY SHERIFF - BLACK with GOLD LUREX LETTERING For Sale

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GEMSCO NOS UNIFORM EPAULETTES - DEPUTY SHERIFF - BLACK with GOLD LUREX LETTERING:
$10.95

NEPP&B.Co

N.E. Patch, Pin & Buckle Company

Don't Be Fooled by Reproductions. ..Most PATCHESwe offer are old school machine embroidered (single hand fabrication or by a Schiffli embroiderymachine)with natural fibers. These Patches are mostly crafted from chain, satin, and hemming stitches and machineworkrelies on theuse ofmultiple threads. Most have machine hand merrowed (surge stitching) edges, the "tailor's tail" intact(rely on photo)or werehand cut with die, mallet, on wax board. Many of our items are dated by manufacturing materialandmethodand / or production paperwork if available. There is nothing wrong with reproductions,they makegreat collection "place holders" . . . we're here when you want to trade-up.. . . An EducatedCustomer, is Our Best Customer
This item was offered by now-defunct famous military, police fire, municipal,fraternal, club, and industry patch, pin, badge & buckle supplierGEMSCOGeneralEmbroidery Military Supply Company - since 1881 -
- COLLECTIBLE -- NOS - EMBROIDERED PATCH - CIRCA 1985 -
- 1 PAIR Ornamental Uniform Shirt Shoulder Epaulettes -- USA MADE - Black with BRITE GOLD LurexTMLettering -DEPUTY SHERIFEPAULETTES
Vintage High Quality item - Size: 2" X 4 1/4"Suitable for Shoulder Straps up to 1 1/2" wide -
CRAFTED WITH PRIDE IN THE USA
You are purchasing described item only - photo stagingnotincludedPhotographs are considered part of the listing descriptionWe do not use stock photos or those from other listings.Please contact us with any questions.As a condition of sale, the purchaser confirms that the obsolete police, sheriff,fire, rescuememorabiliaand othersimilarpatches are purchased for legitimate purposeof collecting,display, theatricalproduction,memento;or the lawful dealing in police, sheriff, fire,rescue, state, municipal,fraternal, education, commerce and associatedpatchesand other memorabilia.ITEM SHIPS VIA USPS 1ST CLASSALL ITEMS PURCHASED WILL SHIP THE FRIDAY AFTER COMPLETED SALEINSURANCE, TRACKING, AND DELIVERY CONFIRMATION ONLYAS SPECIFIEDAND PAID BY BUYERWE SHIP ONLY TO THE UNITED STATES & US TERRITORIESWe have many itemsto sellso please check back regularly.

We have been on for over 15 years with strong positiverating.

This patch meets 's regulations.This patch is strictly for collecting and display.This patch has no military, police, fire or law enforcement authority.If there is a problem with this item being listed,Please contact me first with the objection.
Remember Kids, there is nothing Phun about Jail

Sales of this item are in full compliance with United StatesFederal Law: 18 USC § 716 et seq:

WHOMEVER:

(1)knowingly transfers, transports, or receives,in interstate or foreign commerce, a counterfeit official insignia or uniform;

(2)knowinglytransfers, in interstate or foreign commerce, a genuine official insignia oruniform to an individual, knowing that such individual is not authorized topossess it under the law of the place in which the badge is the officialofficial insignia or uniform;

(3)knowinglyreceives a genuine official insignia or uniform in a transfer prohibited byparagraph (2); or

(4)beinga person not authorized to possess a genuine official insignia or uniform underthe law of the place in which the badge is the official  insignia or uniform,knowingly transports that badge in interstate or foreign commerce, shall befined under this title or imprisoned not more than 6 months, or both.

(b)Itis a defense to a prosecution under this section that the insignia or uniformis other than a counterfeit insignia or uniform and is not used to mislead ordeceive, or is used or is intended to be used exclusively—

(1)as a memento, or in a collection orexhibit;

(2)fordecorative purposes;

(3)fora dramatic presentation, such as a theatrical, film, or television production;or

(4)forany other recreational purpose.

(c)Asused in this section—

(1)the term “genuine police badge” means anofficial badge issued by public authority to identify an individual as a lawenforcement officer having police powers;

(2)theterm “counterfeit police badge” means an item that so resembles a police badgethat it would deceive an ordinary individual into believing it was a genuinepolice badge; and 

(3)theterm “official insignia or uniform” means an article of distinctive clothing orinsignia, including a badge, emblem or identification card, that is an indiciumof the authority of a public employee;

(4)theterm “public employee” means any officer or employee of the Federal Governmentor of a State or local government; and

(5)theterm “uniform” means distinctive clothing or other items of dress, whether realor counterfeit, worn during the performance of official duties and whichidentifies the wearer as a public agency employee.

(d)It is a defense to a prosecution underthis section that the official insignia or uniform is not used or intended tobe used to mislead or deceive, or is a counterfeit insignia or uniform and isused or is intended to be used exclusively—

(1)for a dramatic presentation, such as atheatrical, film, or television production; or

(2)forlegitimate law enforcement purposes.

A.The Use ofAnother’s Trademark In A Descriptive Sense
It is a basic principle marking an outerboundary of the trademark monopoly that, while trademark rights may be acquiredin a word, symbol or device, acquisition of those rights does not prevent othersfrom using the word, symbol or devise in good faith in its descriptive sense,and not as a trademark.“This principle is of great importance because itprotects the right of society at large to use words or images in their primarydescriptive sense, as against the claims of a trademark owner toexclusivity.”Car-FreshnerCorp. v. S.C. Johnson & Son, Inc., 70 F.3d 267, 269 (2d Cir. 1995);see Champion Spark Plug Co. v. Sanders, 331 U.S. 125 (1947) (registering propernoun as trademark does not withdraw it from language, nor reduce it toexclusive possession of registrant).To come within this fair use defensea person must make use of the other party’s trademark (i) other than as a mark,(ii) in a descriptive sense, and (iii) in good faith.See15 U.S.C. §1115(b)(4).

B.Reference to the Owner of the Mark orthe Owner’s Goods or Services

Another species of the fairuse defense is the use of a mark when referring to the owner of a mark or theowner’s goods or services.Once again, this defense is only available ifthe unauthorized user is not using the term for purposes of sourceidentification and the use does not imply sponsorship or endorsement by thetrademark owner.Obviously, a great deal of useful social and commercialdialogue would be all but impossible if speakers were under threat of aninfringement lawsuit every time they made reference to a person, company orproduct by using its trademarks.

InNew Kids on theBlock v. North American Pub., Inc., 971 F2d 302 (9th Cir. 1992),theNinth Circuit affirmed summary judgment in favor of the defendant newspaperswhich had used the trademarked name of the band “New Kids on the Block” torefer to the band in polls it conducted for the purpose of stimulatingnewspaper sales.The Court referred to a “class of cases where the use ofthe trademark does not attempt to capitalize on consumer confusion or toappropriate the cachet of one product for a different one,” noting that “[s]uchnominative use of a mark – where the only word reasonably available to describea particular thing is pressed into service – lies outside the strictures oftrademark law:The Ninth Circuit stated that a commercial user is entitledto a nominative fair use defense if the user meets the following threerequirements:(i) the product or service in issue must not be readilyidentifiable without reference to the mark; (ii) only so much of the mark maybe used as is reasonably necessary to identify the product or service; and(iii) the user must not do anything to imply sponsorship or endorsement by thetrademark owner.New Kids on the Block, 971 F2d at 308.

C.The FirstSaleDoctrine

The unauthorized use ofanother’s trademark is also permitted under the “first sale”doctrine.Under this doctrine a business that resells genuine, non-adulteratedgoods bearing a true mark cannot be held liable for trademark infringement,even if the distributor had no authority to do so from the actual trademarkowner.SeePolymerTechnology Corp. v. Mimran, 975 F.2d 58 (2d Cir. 1992).“Afterthe first sale, the brandholder’s control is deemed exhausted [andd]own-the-line retailers are free to display and advertise the brandedgoods.Secondhand dealers may advertise the branded merchandise for resalein competition with the sales of the markholder . . . .”Osawa & Co. v. B&H Photo, 589 F.Supp.1163 (S.D.N.Y. 1984).

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