nottypical

I have a very novice question. Most of what I do doesn't involve knowing about copyright laws, public domain etc., but my husband brought up an interesting question the other day. He's a huge Steve Saleen fan and was looking at shirts designed by the company. In his search he found a million knock offs and wanted to know if I could just make one for him. I told him that I doubt it, but I'd look in to it. Funny thing is, I don't have a clue where to start.

I reaseached a ton of old threads, but I couldn't find a single one that listed a website or something for the public domain. Where do I go to find out what is and isn't public domain? I even did a web search on it. What am I missing?

 

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CrossYourHeart

Trust me, the name Saleen is trademarked and copyrighted. I'm surprised there's that many knockoffs out there, but that doesn't make it legal.

You could make a shirt for yourself and no one would probably ever know or care (since your not making money off it). But if he's such a fan of Saleen wouldn't he want the real deal anyway?

As far as public domains go, nothing is really public domain, any time someone makes an original work that person/company automatically owns the "right to copy" - copyright. The only things that are really Public are works created before 1929.

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nottypical

Yes, he has many of the "real deals", but he wanted me to make one up that was unique just for him as he wanted to wear it to the saleen nationals next year in Penn. Steve Saleen himself is going to be there and my huband wanted a picture of Steve signing his car wearing a 1 of a kind saleen shirt. I was sure that it was copyrighted, but to satisfy him I thought I'd ask. I guess that's out of the question.

There is an old font that it looks like saleen didn't renew. Maybe that's an option if I can use the word without their signature font.

 

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CrossYourHeart

Oh I see, he want's his own one of a kind Saleen design.

I say just do it then, as long as it's your own unique take on it and he's the only one who has it, I don't think Steve will care (heck maybe if it's good enough He'll want to buy the design from you).

I guess the straight answer is that "legally" - no, but "realistically" - sure, go for it. Just remember, as long as your not creating "damages" there's really not a whole lot they can do. If you were selling it for profit there's damages (profiting off their name), or if you make the design lude or negative there's damages (hurting the Saleen image). But I'm sure your not gonna do that, so just do it, the worst they can do is tell you to take it off and not wear it again.

By the way I love Mustangs, and I'm a huge Saleen fan too, I'd love to see the design if you do it.

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chobay

Quote: Originally Posted by nottypical Yes, he has many of the "real deals", but he wanted me to make one up that was unique just for him as he wanted to wear it to the saleen nationals next year in Penn. Steve Saleen himself is going to be there and my huband wanted a picture of Steve signing his car wearing a 1 of a kind saleen shirt. I was sure that it was copyrighted, but to satisfy him I thought I'd ask. I guess that's out of the question. There is an old font that it looks like saleen didn't renew. Maybe that's an option if I can use the word without their signature font.

Saleen has a live trademark:

Word Mark SALEEN Goods and Services IC 012. US 019 021 023 031 035 044. G & S: automobiles and structural parts therefor. FIRST USE: 19830621. FIRST USE IN COMMERCE: 19830621IC 025. US 022 039. G & S: clothing, namely caps, shirts, sweaters, sweatshirts and jackets. FIRST USE: 19830621. FIRST USE IN COMMERCE: 19830621
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM Serial Number 74584925 Filing Date October 12, 1994 Current Filing Basis 1A Original Filing Basis 1A Published for Opposition July 16, 1996 Registration Number 2005539 Registration Date October 8, 1996 Owner (REGISTRANT) Saleen, Stephen M. INDIVIDUAL UNITED STATES 24307 Nan Court Diamond Bar CALIFORNIA 91765(LAST LISTED OWNER) MJ ACQUISITIONS, INC. CORPORATION MICHIGAN 175 TOURAINE ROAD GROSSE POINTE FARMS MICHIGAN 48236
Assignment Recorded ASSIGNMENT RECORDED Attorney of Record David J. Ford Type of Mark TRADEMARK Register PRINCIPAL-2(F) Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20061130. Renewal 1ST RENEWAL 20061130 Live/Dead Indicator LIVE


However, a one off that is a gift for your husband and not for sale should be ok.

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nottypical

Quote: Originally Posted by CrossYourHeart By the way I love Mustangs, and I'm a huge Saleen fan too, I'd love to see the design if you do it.

Going to think on it for a while. I don't want to upset anyone by doing it since Steve would actually see it on him. I'll be sure to show you the design if I do decide to do something up, even if I never do print it.

Thanks

 

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