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This is the catchall topic for the t-shirt selling discussion. Not sure where to post your question about t-shirt selling? Start here.
HELP - Copyright questions with sports team apparel?!
3 Hours Ago
| Jun 8, 2012 1:38:43 PM - ? #1 (permalink) |
| Forum Member T-Shirt Apprentice Member Since: Jun 2012 Posts: 2 Thanks: 0 Thanked 0 Times in 0 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s) | I have a question.... So if I print a fan shirt for my favorite sports team (ST LOUIS RAMS) and sell them on ebay, or amazon, or facebook, or somewhere and they say something like GOLD AND BLUE POWER with a design of a cool ram (not thier logo) and they don't have the team name or city listed is that okay? I have to call them something so I still call them ST LOUIS RAMS SHIRTS - GOLD & BLUE POWER on the listing but the actual design doesn't say the name. IS THAT OKAY? What about if the shirts says something like all "Little guys Grow Up to be Rams (kids shirt). No official ram logo, font, city, etc --- is that okay? Or are both of these copyright or trademark infringement still since they are advertised as ST LOUIS RAMS items? I need more info on this one?!?! |
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3 Hours Ago
| Jun 8, 2012 1:49:11 PM - ? #2 (permalink) |
| TSF Veteran Certified T-Shirt Junkie You can call me: Charles Member Since: Feb 2007 Location: Santa Rosa, CA Posts: 6,209 Thanks: 122 Thanked 1,241 Times in 983 Posts Mentioned: 1 Post(s) Tagged: 0 Thread(s) | If you accept such advice from a public forum, you are at risk. You should ask an IP attorney |
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3 Hours Ago
| Jun 8, 2012 1:52:24 PM - ? #3 (permalink) |
| T-Shirt Lover T-Shirt Aficionado You can call me: Kabir Member Since: Aug 2011 Location: Bay Area Posts: 147 Thanks: 11 Thanked 8 Times in 8 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s) | If you use the word Rams in your title and their color scheme, especially if you say St. Louis rams, it violates their copyright. If you advertise them as St. Louis Rams shirts then it will be a copyright infringement. |
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3 Hours Ago
| Jun 8, 2012 1:55:40 PM - ? #4 (permalink) |
| Forum Member T-Shirt Member Member Since: Apr 2012 Location: New England Posts: 13 Thanks: 0 Thanked 0 Times in 0 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s) | Good advice given above, however I don't believe a team can simply claim ownership of words and colors in fact here when you go to a game there are vendors in the street selling selling shirts of that nature in fact one guy had been there for years, I'm not really sure how the law works best to check with an attorney Sent from my SAMSUNG-SGH-I777 using T-Shirt Forums |
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3 Hours Ago
| Jun 8, 2012 1:58:08 PM - ? #5 (permalink) |
| T-Shirt Lover T-Shirt Aficionado You can call me: Kabir Member Since: Aug 2011 Location: Bay Area Posts: 147 Thanks: 11 Thanked 8 Times in 8 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s) | Guy probably just hasn't been caught, but if it is in their color scheme and refers to their team in the title then they can get in trouble by having to change the shirt so that it doesn't use their name. |
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2 Hours Ago
| Jun 8, 2012 2:33:44 PM - ? #6 (permalink) |
| Forum Member T-Shirt Member Member Since: Apr 2012 Location: New England Posts: 13 Thanks: 0 Thanked 0 Times in 0 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s) | They're aware of him, he uses the team colors but phrases such as A-rod sucks, Yankees suck that type stuff, he would never use the team name, or refer too them in any way, I think that's where they would draw the line. I'm sure they may have a case but it becomes more about is it worth the aggravation. I wouldn't do it but this guys willing to take the risk, and I'm sure he is aware of the consequences. I do own a few of the shirts though Sent from my SAMSUNG-SGH-I777 using T-Shirt Forums |
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2 Hours Ago
| Jun 8, 2012 2:35:32 PM - ? #7 (permalink) |
| TSF Veteran Certified T-Shirt Junkie You can call me: Tim Member Since: Jul 2008 Location: Long Island Posts: 4,290 Thanks: 420 Thanked 1,228 Times in 1,012 Posts Mentioned: 5 Post(s) Tagged: 0 Thread(s) | Pro sports team names and logos are vigorously protected by the teams and leagues. Major companies like Adidas, Nike and Majestic pay big money for the licensing rights to design, produce and sell pro sports merchandise. So any time you even come close to infringing on these marks, there is an element of risk. Many people do it and get away with it. But many people do it and get caught. If there is rhyme and reason to that, I don't think anyone has figured that out yet. None of the examples mentioned are risk free. And using the team name in a product description is just as risky as using the name on the product itself. |
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2 Hours Ago
| Jun 8, 2012 2:39:46 PM - ? #8 (permalink) |
| TSF Veteran Certified T-Shirt Junkie You can call me: Tim Member Since: Jul 2008 Location: Long Island Posts: 4,290 Thanks: 420 Thanked 1,228 Times in 1,012 Posts Mentioned: 5 Post(s) Tagged: 0 Thread(s) | Of course they can. That's exactly what trademark registrations are for.These vendors exist at every pro and college stadium in the country. Some are breaking the law, others aren't. Some get caught, some don't. I know that sounds dumb, but it's the truth. |
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2 Hours Ago
| Jun 8, 2012 2:44:12 PM - ? #9 (permalink) |
| TSF Veteran Certified T-Shirt Junkie You can call me: Tim Member Since: Jul 2008 Location: Long Island Posts: 4,290 Thanks: 420 Thanked 1,228 Times in 1,012 Posts Mentioned: 5 Post(s) Tagged: 0 Thread(s) | Doesn't make any sense. If the shirts say "A-Rod" and "Yankees" then he is absolutely using team and player names and is deliberately referring to them. Draw the lines wherever you want, but those types of shirts cross the line of trademark infringement. Does everyone get caught? Nope. But are they all at risk? Yep. As you mentioned, it's up to everybody to make their own decisions based on the risks and rewards of their own business. But let's not foolishly convince ourselves it may actually be legal. |
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59 Minutes Ago
| Jun 8, 2012 4:18:09 PM - ? #10 (permalink) |
| Forum Member T-Shirt Member Member Since: Apr 2012 Location: New England Posts: 13 Thanks: 0 Thanked 0 Times in 0 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s) | I didn't say it was legal, I in fact said they would have a case. the guy is weighing the risk vs the reward, that's entirely his decision. I wasn't attempting to convince any one it was legal. We all have the right to make decisions, but with those decisions come the risk of consequences. Sent from my SAMSUNG-SGH-I777 using T-Shirt Forums |
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