coldrock

Hello folks,
listen, I guess technically speaking, I could find an answer somewhere else, but I would really appreciate youse guys' feedback on this.
So here in Texas, our capitol Austin, is a really cool place, which has experienced a boom in the last 10 years or so, it's a really great place. Anyway, there was a t shirt/bumper sticker that someone developed which said "Keep Austin Weird". One day I made the mistake of mentioning on a local talk radio show that I was going to print up some stuff which said "Keep El Paso Backward"; we have all been frustrated with our hometowns at some point, huh? Anyway, come to find out that some local xxxxxxx has been selling that through CafePress. I have a million other ideas, but it just feels crummy that this guy has done this. Short of beating the living life out of this crumb bum, any thoughts?...

 

dan2003

Not much you can do about it.

 

MardiGrasTexan

Quote: Originally Posted by coldrock One day I made the mistake

This is your answer...sorry.

 

coldrock

OK, so, I figured as much, but where is the line drawn? Don't we have any protection? As entreprenuers, I can't imagine you guys standing around shrugging your shoulders while people rip you off. I know there is some protections we have as artists which don't neccesitate formal trademarks...

 

MardiGrasTexan

You should have copyrighted (not trademarked...totally different) the saying or you should have actually started printing the items as you said you were going to do. The copyrighting would have given you full legal rights. The actual printing of the saying (without being copyrighted) would have given you first rights in the court of law. However, you would've still had to prove you printed the items prior to the other person (and you still may lose in court.) In the future, get those ideas copyrighted if you feel you truly believe you have a winner on your hands.

 

MotoskinGraphix

Do you live in El Paso? You are probably more apt to sell that tee around town.

__________________
David
www.motoskingraphix.com
"WHIRLPOOLS WHIRL and DRAGNETS DRAG"

 

MardiGrasTexan

By the way, you may still be able to copyright the saying and take him to court. Not sure how he'd want to fight you as you'd have the copyright. He may figure he can't win and just quit printing the items. He may have already applied for the copyright though. Either way, it could get messy. Keep it mind it takes a while to get a copyright, so being the first to file the application is very important.

 

numbercruncher

My dad once told me that of all the "new" ideas one might have it is likely it has been thought of before-is it possible the other person had the idea first ? Just some food for thought...

 

acmeprinting

Sorry Randy. That bites. I looked at Cafe Press and seen the design. Not too much to it. I think you should do one anyway. Are you with Cafe Press?

 

MotoskinGraphix

Here are a couple I have.

El Paso...the arm pit of TEXAS
El Paso...on a clear day you can see MEXICO
KEEP EL PASO...PLEASE!!!!!!!
EL PASO NOT PESO
EL PASO...DISTRICT 11

__________________
David
www.motoskingraphix.com
"WHIRLPOOLS WHIRL and DRAGNETS DRAG"

 

greyhorsewoman

Can you really copyright a saying? We have a 'SIT HAPPENS' shirt we sell that our artist did her own interpretation on .. now other vendors also sell a 'SIT HAPPENS' t-shirt ... only in their OWN interpretation. We have several fun shirts like that. If you printed a shirt with big block letters on that said 'LIFE IS GOOD' would that infringe on the 'Life is good' series of shirts?

Anyway, IMHO, the fact that the guy has it on cafepress just means it's a good idea, not that you can't do your own.

__________________
www.greyhorsegifts.com
www.flagpridet-shirts.com

 

MardiGrasTexan

OK, I need to correct what I said. Here's what the copyright office says regarding this:

How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.


So unless trademarked, the original poster can have at it.

 

coldrock

Hey guys,
thanks for the input! Hey GreyHorse, I see your point, to an extent, but I bet you a dollar to a doughnut that Life is Good would definitely get you some yucky letters! Just MHO...part of it, I think, is standing up for one's self....I remember as a kid, in elementary, some kid showed up to school with a shirt w/ a sombrero'd character, with the caption, "Oh Chit!" LOL...
and thanks, I guess I could do my own!...

Motoskin...I LOVE THOSE...promise I won't touch them!...
Acme, i started with cafepress, but got a bad feeling...

Numbercruncher, I am afraid there is no doubt to the circumstances...

What about contacting CafePress? Just to tell them what's going on?

You know, I really want to make this guy pay in some way...he is a rich snob with a big mouth, and to steal from me, some poor schlub trying to scratch out a living, as I said, it just sucks all the way 'round. But Seriously, i do have what I believe to be real bonafide winners in my stable, like my El Paso Cow Punq label, and I just participated in a Pecha Kucha night here, where I showed some of my stuff; a room full of starving artists, you know, it worries me...

 

MardiGrasTexan

Quote: Originally Posted by coldrock Hey GreyHorse, I see your point, to an extent, but I bet you a dollar to a doughnut that Life is Good would definitely get you some yucky letters!

Life is Good is big time trademarked by Life is Good, Inc. Just a quick search of Cafepress shows that they won't print it, so you can book it, Life is Good is all over the use of that trademarked saying.

 

coldrock

I was just perusing Cafe Press, and my shop is still up after all this time; guess I didn't close it right. Wow, all this time and didn't sell a damn thing. Not that I marketed it at all...