Hi new poster here. I was wondering if there was a way to determine whether my ideas are original or not. I don't want to rip anyone off or deal with copyright issues. I believe my ideas are original but with so many T-shirt ideas out there you never know. Is their some type of database that you can search to see if your idea hasn't been done? I doubt it so forgive me for being naive. If anyone could point me in the right direction or offer advice I would greatly appreciate it.
Re: Is their any database for original T-shirt ideas?
Well, here's the thing too. Designs are one thing...items that can be copyrighted as I'm sure you know. But ideas...those you can't copyright.
Ex.
Say I want to make a shirt that features a dragon and has some text or w/e saying "Hot Stuff" on it. If you also wished to make the same idea, you could...because essentially the design I come up with, and the design you come up with will be most likely completely different. My design would be copyrighted and your design would also be copyrighted. Two shirts/designs, one idea.
Ideas are a dime a dozen. It's how you proceed with an idea that matters.
Re: Is their any database for original T-shirt ideas?
Quote:
Originally Posted by Trimere_Ink
Say I want to make a shirt that features a dragon and has some text or w/e saying "Hot Stuff" on it. If you also wished to make the same idea, you could...because essentially the design I come up with, and the design you come up with will be most likely completely different. My design would be copyrighted and your design would also be copyrighted. Two shirts/designs, one idea.
And both shirts would very likely be trademark violations. The phrase "Hot Stuff" is trademarked. Several times. Among those, one covers BBQ sauce, one personal lubricant, and one covers clothing, specifically T-shirts.
While there is no database for copyrights, there is one for trademarks. USPTO trademark search.
Re: Is their any database for original T-shirt ideas?
Quote:
Originally Posted by AustinJeff
And both shirts would very likely be trademark violations. The phrase "Hot Stuff" is trademarked. Several times. Among those, one covers BBQ sauce, one personal lubricant, and one covers clothing, specifically T-shirts.
While there is no database for copyrights, there is one for trademarks. USPTO trademark search.
It was just an example...geez. I only put it in quotes to emphasize it. I'm so used to not having bold at my fingertips. But this brings a question to mind. So...would you still get flagged for copyright if it was just two words...one being Hot, and the other Stuff, without quotes. Though originally like I said, I wouldn't have put quotes around it on the shirt. I'm not 100% clear on the law, but can you call two words placed next to each other a phrase? Even without the dragon bit, if it simply said Hot Stuff, or what if it said, hot stuff? When does it cross the line and become a phrase and then a trademark? Also...wouldn't it have more to do with how the words looked via a design style, rather than the words themselves? You yourself said it covers more than one product. I doubt the people whom own the BBQ sauce own the lube company too. Just looking for some clarity.
Re: Is their any database for original T-shirt ideas?
Hey guys, I'm brand new to the shirt business, but, I have been a trial lawyer for 20 years. You are not likely to get in trouble using the words "hot stuff." Its too generic. Google it and see. The real question posed was how to stay out of trouble making shirts that infringe on trademarks and copy rights. Unless you are messing with the big boys, most companies dont have the resources to bother with you. If they do, it will ususally be in the form of a letter telling you to stop using thier trademark. Then you will know!
Re: Is their any database for original T-shirt ideas?
Quote:
Originally Posted by Trimere_Ink
It was just an example...geez.
But your example of something that would be OK was actually an example of something that might be illegal. Aren't you glad that someone didn't do something illegal based on your example?
Quote:
Originally Posted by Trimere_Ink
I only put it in quotes to emphasize it. I'm so used to not having bold at my fingertips. It has nothing to do with whether it's in quotes or bold or anything like that.
But this brings a question to mind. So...would you still get flagged for copyright if it was just two words...one being Hot, and the other Stuff, without quotes.
It has nothing to do with being in bold or in quotation marks. And it has nothing to do with copyright. This is a trademark issue.
Quote:
Originally Posted by Trimere_Ink
When does it cross the line and become a phrase and then a trademark?
Generally, it "crosses the line" when it is registered. But not always. There is such a thing as common law trademark. I know absolutely nothing about how this works.
Quote:
Originally Posted by Trimere_Ink
Also...wouldn't it have more to do with how the words looked via a design style, rather than the words themselves?
Sometimes. It's usually that both the words and the design are protected, though. Using the word Starbucks could be a trademark violation, OR using different words in the style of the Starbucks logo might be a trademark violation.
It's also important to realize that trademark enforcement tends to be much more vigorous then copyright violation. Not always, but usually. It cost a lot of money to file a trademark, so people don't take it lightly. And if the trademark is not enforced, it can be lost. So there is tremendous incentive for enforcement by the trademark holder.
Moreover, the point is that it is a very bad idea to tell someone that a particular practice is OK when you have no real understanding of the law.
Re: Is their any database for original T-shirt ideas?
Quote:
Originally Posted by mattleibert
You are not likely to get in trouble using the words "hot stuff." Its too generic. Google it and see.
The phrase "Just Do It" turns up nearly as many hits. Does that mean that I'm not likely to get in trouble if I sell T-shirts featuring that phrase?
Quote:
Originally Posted by mattleibert
The real question posed was how to stay out of trouble making shirts that infringe on trademarks and copy rights. Unless you are messing with the big boys, most companies dont have the resources to bother with you.
Actually, that was not the original question. The original poster said specifically that he didn't want to rip anyone off. For some of us, there is also the question of ethics. Even though a small business is unlikely to have the resources to go after you, it is still unethical to violate their trademark.
This is a discussion about Is their any database for original T-shirt ideas? that was posted in the General T-Shirt Selling Discussion section of the forums.
Is their any database for original T-shirt ideas? 
Re: Is their any database for original T-shirt ideas? 
