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nicolep1 · July 3rd, 2007

I know that we can't use names of MLB teams, but what if I change the spelling (sox to socks)? Can the text design make reference to the team?

Solmu · July 3rd, 2007

Quote:

Originally Posted by nicolep1


	what if I change the spelling

Won't be enough; it would still be considered "confusingly similar".

mizi117 · July 4th, 2007

just try first..when anthing happen please post here

smutek · July 4th, 2007

Depending on the context it might fall under parody. I'm no copy write lawyer though. You might want to consult one or at the very least get a book or do some online research.

I will tell you this, definitely don't go with "just try... if anything happens post here"

Make sure you know exactly what you are doing. Large organizations, like Major League Sports teams, will take action. My boss told me a story about a guy who had all of his design collateral based on a Mickey mouse theme, not exact but extremely similar. Shirts, business cards, logo mark, his vehicles, etc. One of his trucks was in Washington DC for a job and it just so happened some executives from Disney were in town and spotted one of the trucks.

Guess what they did? They called their lawyer. And guess what the business owner got? A cease and desist order from that lawyer. He had to stop using and remove his branding from EVERYTHING. The trucks, the shirts, business cards, letter head, all useless. Imagine all of that wasted money, time, not to mention the blow to this guys established brand equity (which was of-course borrowed from Disney). he could have tried to fight it, but the next step after a cease and desist order is a court of law. Maybe he could try to argue parody, but do you really think a small business owner is going have the time and resources to square off against a giant like Disney?

If it's a personal project, fine. But if it is for commercial use, proceed with caution! Considering the damage you could do to your client and or your own business it's probably not worth it. And again, I'm no lawyer, but one would imagine there is also the possibility the client could hold you legally responsible for any negative outcome.

nicolep1 · July 4th, 2007

I was thinking of making statements about someone that loves the red sox. I would use "socks" to refer to the team. The change of spelling would fit the design. Would this be considered a parody?

Solmu · July 4th, 2007

1) Don't accept advice from anyone on the internet as to whether or not your design would be a parody. They're not the one who'll get sued if they're wrong.
2) Don't accept advice from anyone who hasn't seen your actual finished design as to whether or not your design would be a parody. They're not the one who'll get sued if they're wrong.
3) Consult a lawyer before going ahead. Just like Dwyer did before he got sued and lost despite his lawyer's advice that he'd be fine.