is creating a t-shirt with the Nissan logo for personal use illegal?
I really don't know where I should post this since none here really looked like it fit but it is pretty simple.
I thought of creating a t-shirt with the Nissan logo and the GTR logo on it, and I'm not sure if it's copyright infringement or just plain illegal to do so. It would be for myself to wear. Just making sure before I attempt to do so. Thanks
Re: is creating a t-shirt with the Nissan logo for personal use illegal?
I think it might still be copyright infringement, but there may be a lesser chance that you'll get sued for it if you're just making one for your own personal use. Anything's possible though
Re: is creating a t-shirt with the Nissan logo for personal use illegal?
I don't think being worried is a condition of breaking the law, and going to jail.
The jails are full of people that didn't worry if they were going to go to jail.
But, as long as you don't intend on using it for commercial purposes, I THINK you are ok.
But I've seen enough people get arrested for what some would call the smallest infractions of infringement, that personally to me it wouldn't be worth it.
Re: is creating a t-shirt with the Nissan logo for personal use illegal?
I believe it would be trademark infringement rather than copyright infringement. Both are civil matters not criminal so you wouldn't go to jail even if caught. You would either receive a cease and desist order from the company telling you not to make any more shirts or they could sue you for damages. The cost to the company to pursue one person making one shirt for personal benefit would outweigh any damages they received (basically being denied the $5 of you not buying an official shirt) so the chances of getting in trouble are essentially nil. Still illegal, but no one is going to care.
Re: is creating a t-shirt with the Nissan logo for personal use illegal?
Quote:
Originally Posted by Comin'OutSwingin
I don't think being worried is a condition of breaking the law, and going to jail.
The jails are full of people that didn't worry if they were going to go to jail.
But, as long as you don't intend on using it for commercial purposes, I THINK you are ok.
But I've seen enough people get arrested for what some would call the smallest infractions of infringement, that personally to me it wouldn't be worth it.
Re: is creating a t-shirt with the Nissan logo for personal use illegal?
Quote:
Originally Posted by wormil
I believe it would be trademark infringement rather than copyright infringement. Both are civil matters not criminal so you wouldn't go to jail even if caught. You would either receive a cease and desist order from the company telling you not to make any more shirts or they could sue you for damages. The cost to the company to pursue one person making one shirt for personal benefit would outweigh any damages they received (basically being denied the $5 of you not buying an official shirt) so the chances of getting in trouble are essentially nil. Still illegal, but no one is going to care.
You are incorrect, my friend.
As I've said before, copyright and trademark infringement are now part of the RICO statute, and can get you sent to jail.
Also, please don't be fooled by thinking that only the companies that are getting infringed on are the only entities coming after people that infringe on intellectual property. Or that the "little guy" is immune from prosecution.
The government is now actively seeking out those that infringe.
I've said it before. The case here in TN where a guy was selling fake Nike's out of his VERY little store.
He had only sold 3 pair of the shoes, and only had 2 pair when the FBI raided his little store. Officials from Nike were also on hand.
He's now in jail awaiting trial. Hardly worth, I think for a few pairs of fake shoes.
Re: is creating a t-shirt with the Nissan logo for personal use illegal?
Quote:
Originally Posted by Comin'OutSwingin
You are incorrect, my friend.
You have a deep misunderstanding of the copyright amendments to RICO. There are both criminal and civil copyright violations, the RICO amendments concern criminal violations. The OP's question concerns civil violations, he cannot be arrested or jailed under RICO for making one personal t-shirt with a Nissan logo. In order for RICO to apply, there are specific quantity/dollar qualifications that must be met. The RICO statute is too long for me to quote here but you can easily Google it and read it for yourself. Selling counterfeit clothing at flea markets is very, very different than making yourself a t-shirt with a Nissan logo. No company has the resources to track down every Joe Blow that cuts a stencil out of a cereal box and spray paints themselves a shirt.
Quote:
Originally Posted by Comin'OutSwingin
As I've said before, copyright and trademark infringement are now part of the RICO statute, and can get you sent to jail.
Yes and no. The RICO statute is primarily concerned with racketeering. If the OP makes one shirt with a Nissan logo for personal use RICO doesn't apply. If the OP makes a hundred shirts with the Nissan logo and sells them then he is counterfeiting and guilty of criminal copyright or trademark infringement. The Nike shoes you mention are an excellent example. Counterfeit name brand clothing is a huge problem in the US and companies like Nike lose millions, maybe billions, of dollars each year because of it. Flea markets are frequently raided and it's not uncommon for the Feds to seize tens of thousands of dollars worth of counterfeit merchandise in one little flea market raid. I'm not familiar with the case you mention but I'm sure he wasn't raided because he had two pair of counterfeit shoes but because he had been selling counterfeit merchandise.
Re: is creating a t-shirt with the Nissan logo for personal use illegal?
I think you have misunderstood my post.
I was just making the point that copyright and trademark infringement CAN get you put in jail, and they are not ONLY civil matters.
I said they "CAN" get you put in jail.
The problem with making yourself a shirt with a logo, is that if you are in business printing items, and you make items for yourself with protected works, the government "may" get the idea that you print and sell to others as well.
You open up a big can worms that just isn't worth it. Because the government is cracking down hard on such things. Why create problems for yourself because you wanted to print your own shirt with someone else's property?
Not worth it.
Also, I have read and re-read the Anticounterfeiting Consumer Protection Act of 1996 several times and had it explained to me thoroughly by a patent and trademark attorney.
No misunderstandings at all.
I know that the government routinely prosecutes cases incorrectly and misapplies the law.
The case I mention, I said that he SOLD 3 pair in his store, and he had 2 pair in the store when they raided it.
According to the law, he would have had to have sold about $2,000 worth of counterfeit merchandise. So, his crime was technically civil.
Guess what? They raided him any way, and arrested him.
He may get off when the case goes to court because of that. But he still got arrested.
Re: is creating a t-shirt with the Nissan logo for personal use illegal?
People getting arrested for selling counterfeit merchandise happens all the time. We see it on the news everynow and then. I don't kow if it's tademark or copyright but they are definitely getting arrested. Personally I would make the shirt if I wanted it just for me. I mean you really think you're gonna be stopped and to be searched for a wearing the shirt.
This is a discussion about is creating a t-shirt with the Nissan logo for personal use illegal? that was posted in the General T-Shirt Selling Discussion section of the forums.
is creating a t-shirt with the Nissan logo for personal use illegal? 
