mrmckenna11

where do you draw the line with respect to modifying a corporate image or logo?

e.g.
1. suppose I took an apple, took a bite out of it and created my own abstract image of a half eaten apple - would this infringe upon Apple's logo © ?

2. suppose I had drawn my own heart shape and created my own I heart NY logo - is this ok?

3. suppose I created my own image of a dolphin and wrote the word Miami above it - would this break copyright law of The Miami Dolphins?

4. I know the olympic rings are copyright protected, but what if I created my own 5 rings, with different colours or with 2 rings at the top instead of at the bottom?

- are any of the above legal when selling on t-shirts?

 

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kimura-mma

Quote: Originally Posted by mrmckenna11 where do you draw the line with respect to modifying a corporate image or logo?

There is no clearly drawn line. You are free to do what you want, but a person or company is free to sue you if they feel that you have infringed on their registered copyright or trademark.

Quote: Originally Posted by mrmckenna11 1. suppose I took an apple, took a bite out of it and created my own abstract image of a half eaten apple - would this infringe upon Apple's logo © ?

If it's your own artwork of an apple with a bite out of it, it would not infringe on Apple's trademark. But it's really up to Apple to decide if they wish to sue you. So be careful how you market and display your product, as any connection to Apple would be implicating yourself.

Quote: Originally Posted by mrmckenna11 2. suppose I had drawn my own heart shape and created my own I heart NY logo - is this ok?

I'm not sure who owns that trademark. But obviously, any art you create would by trying to profit off an existing mark and would potentially get you sued.

Quote: Originally Posted by mrmckenna11 3. suppose I created my own image of a dolphin and wrote the word Miami above it - would this break copyright law of The Miami Dolphins?

You would be breaking trademark law, not copyright. Even though it's your own artwork, you are clearly trying to create a Miami Dolphins t-shirt, and you cannot do that without proper license.

Quote: Originally Posted by mrmckenna11 4. I know the olympic rings are copyright protected, but what if I created my own 5 rings, with different colours or with 2 rings at the top instead of at the bottom?

The Olympic Rings are probably trademark protected as well. If you were creating your own rings, in different colors and layout, then I would say you are ok on this one. But again, you couldn't market or display your product making any connection to the Olympics or Olympic city, etc.

Quote: Originally Posted by mrmckenna11 are any of the above legal when selling on t-shirts?

Not really, in all cases you could potentially get sued.

An important point to know, is that it is illegal to profit off someone elses copyright, trademark or right to publicity. So when you create artwork based on existing marks that can create confusion in the marketplace, it is certainly a slippery slope. You are much better off creating original concepts.

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BigBear

The people at corporations fiercely protect their family, their dog and their logo; just not necessarily in that order.

The closer your image resembles or could even remind the viewer of the copywrited image, the more you court trouble. I read one story of a cease and desist attorney's letter sent to a flea market operator, for goodness sakes. Their sin? A shirt with a vulture on it and the words, "I thot I saw a puddy kat".

A real apple with a bite out of it might be ok, but I would be careful with attending words.

Designs are always at the discretion of the artist, but past a certain point one might follow Dirty Harry's famous dictum: "do you feel luck today".

Good Luck.

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hostingdiva

The I Love NY stuff is owned by the New York State Department of Economic Development (see e.g., PTO result).

Apple, the NFL and the Olympic organization all fiercly protect their trademark (because it's required by trademark law). I would tread lightly.

On the other hand, if you're a small operation, they may not find you.

Note though, if you parody their marks, then it's different. They can still sue you, but you're more likely to win. Here are some links that may help you:
Overview of Trademark Law
FAQ about Protest, Parody and Criticism Sites -- Chilling Effects Clearinghouse

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