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Brand names in your description, legal?



 
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Old August 5th, 2008 Aug 5, 2008 12:06:57 PM -   #1 (permalink)
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Default Brand names in your description, legal?

I bought a bunch of JUICY shirts yesterday. Got a great deal on them and am planning to print on them. Of course I am not going to sell them as JUICY shirts (like it came from them) but is it legal to even mention in my description "our design printed on Juicy tees" It's true but I don't know about the laws and such. anyone?

Thanks in advance!
 
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Old August 5th, 2008 Aug 5, 2008 2:06:43 PM -   #2 (permalink)
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Default Re: Brand names in your description, legal?

It's legal to say it because it's true. That's not to say juicy wouldn't give you some flack if they found out about it. But it is certainly legal.
 
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Old August 5th, 2008 Aug 5, 2008 2:09:53 PM -   #3 (permalink)
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Default Re: Brand names in your description, legal?

Quote:
Originally Posted by splathead
It's legal to say it because it's true. That's not to say juicy wouldn't give you some flack if they found out about it. But it is certainly legal.

Thanks, that's what I figured. But if I am paying for their blanks, I'm allowed to do what I want with them, is what I figure.

Cool, I feel better now.
 
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Old August 5th, 2008 Aug 5, 2008 2:15:46 PM -   #4 (permalink)
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Default Re: Brand names in your description, legal?

Quote:
Originally Posted by mardiv
Thanks, that's what I figured. But if I am paying for their blanks, I'm allowed to do what I want with them, is what I figure.

Cool, I feel better now.
Just to be on the safe side of things i would still contact them, it doesn't hurt to ask.. i hate surprises and i would hate to get sued. IMO
 
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Old August 5th, 2008 Aug 5, 2008 2:35:37 PM -   #5 (permalink)
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Default Re: Brand names in your description, legal?

Why not also consider giving a lawyer a call? It's another good way to CYA, lol. I know I can buy a Webkinz, and then I own the Webkinz, but I don't think I can take a photograph of my Webkinz and start legally selling Webkinzs shirts.... or can I?

What you are doing is different from that, I understand, but it's the point of ownership and what rights come with that, that I am looking at. My "guess" would be that it is fine to print on and mention the designs are printed on JUICY shirts. I think it would not be okay if you mfg the blanks yourself and tried to sell them as JUICY shirts. I do see on folks websites alll the time: We use American Apparel, we use Gildans 6.1oz, etc...

While we'd love to help you out, none of us are lawyers, and only a lawyer can really tell you what the situation will mostly likely play out like. Good luck, Mardiv... if you do consult someone, will you please update the thread? I am so curious at to that actual answer - now that you've posed the Q. Good luck to you, I hope it is okay as JUICY is so popular, it'll really give you a nice boost for sales.
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Old August 5th, 2008 Aug 5, 2008 3:07:12 PM -   #6 (permalink)
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Default Re: Brand names in your description, legal?

Contact them tell them you will be using their brand shirt for sales and get an approval in writing. When you describe the garment with their name add a registered trademak symbol next to it to give them proper representation. I had to do this with another brand for a job I did. I spoke with a lawer of the company and he gave me the file to use and rules for using. I also had a limit to what and how many I could print ( the total the order called for)

Question though, why not just skip the name drop altogether and give a detailed description of the garment? It's less hassle snd you don't need permission to do that.
 
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Old August 5th, 2008 Aug 5, 2008 3:47:43 PM -   #7 (permalink)
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Default Re: Brand names in your description, legal?

Quote:
Originally Posted by Rico Menor
Contact them tell them you will be using their brand shirt for sales and get an approval in writing. When you describe the garment with their name add a registered trademak symbol next to it to give them proper representation. I had to do this with another brand for a job I did. I spoke with a lawer of the company and he gave me the file to use and rules for using. I also had a limit to what and how many I could print ( the total the order called for)

Question though, why not just skip the name drop altogether and give a detailed description of the garment? It's less hassle snd you don't need permission to do that.
It's not like I am going to do a whole line off of their shirts. I just got probably 30 shirts on clearance and so I thought I would use them as blanks.

I want to name drop because I am going to list them on Etsy and stuff and I want people to understand why I am charging more, it's not a blank like ANVIL, or even American Apparel. It's a label associated with comfort like American Apparel, people pay more and understand why.

I'm not doing it to say "OH, LOOK, It's Juicy"
but rather, Oh, it does cost more, but look they started off with a better shirt. ya know?

I'm just going to do it and hopefully don't get sued, I'm not making a fortune off of them. They made their money off of me when I bought the shirts. I'm not going to worry too much about it. It's only 30 shirts. Not 300. or 3000. And really what is my profit, $10?
 
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Old August 5th, 2008 Aug 5, 2008 9:26:25 PM -   #8 (permalink)
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Default Re: Brand names in your description, legal?

Mardiv,

You are right not to worry about it too much. I think even calling an attorney or contacting the manufacturer is overboard.

This kind of stuff is done all the time. I am thinking about adding custom painted vans shoes. You think I have to get vans' permission? That would be the last thing I would think of doing. Like you said, they are getting their money from me. After that, I can do whatever the heck I want with MY shoes.
 
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Old August 5th, 2008 Aug 5, 2008 9:33:13 PM -   #9 (permalink)
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Default Re: Brand names in your description, legal?

Quote:
Originally Posted by splathead
Mardiv,

You are right not to worry about it too much. I think even calling an attorney or contacting the manufacturer is overboard.

This kind of stuff is done all the time. I am thinking about adding custom painted vans shoes. You think I have to get vans' permission? That would be the last thing I would think of doing. Like you said, they are getting their money from me. After that, I can do whatever the heck I want with MY shoes.

yea, you are right. Now that I think about it. There are SOOO many stay home moms that rhinestone converse for a living. I don't see how it is illegal. They buy them. It's theirs to do as they want. It's not like we are saying, we got it that way.

Thanks!! I feel better. Safety in numbers I suppose.

Definitely do the Vans, that is so cool and goes with the whole vans "theme" (creative art!)

Last edited by mardiv; August 5th, 2008 at 10:14 PM.
 
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Old August 5th, 2008 Aug 5, 2008 9:57:54 PM -   #10 (permalink)
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Default Re: Brand names in your description, legal?

I agree with you guys,I think giving a full description of the type of garment is fine, as long as your not making false claims. .... JB
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Old August 5th, 2008 Aug 5, 2008 11:00:05 PM -   #11 (permalink)
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Default Re: Brand names in your description, legal?

Ok I think that the really important thing to remember here is that no one here is an attorney. If you were to get into trouble for this, telling the company that people on t-shirt forums said it was ok is not going to help you. I would talk to an attorney and make sure that you are not breaking any kind of diversion laws or anything like that. Its nice for others to offer advice, but again it is not legal and in the long run, only you may get into trouble. So it is best to seek legal advice anytime something may seem questionable.
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Old August 5th, 2008 Aug 5, 2008 11:03:09 PM -   #12 (permalink)
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Default Re: Brand names in your description, legal?

Quote:
Originally Posted by mardiv
I bought a bunch of JUICY shirts yesterday. Got a great deal on them and am planning to print on them. Of course I am not going to sell them as JUICY shirts (like it came from them) but is it legal to even mention in my description "our design printed on Juicy tees" It's true but I don't know about the laws and such. anyone?

Thanks in advance!
Mardiv, you had the intuition to ask the question in the first place, that means somewhere in your mind, you must be wondering to the legality.

You asked if any of us know about the laws. We answered honestly that we don't.

Rico Menor gave you the closest example of a legal situation that is most similar to yours. His posts shows that the particular company he dealt with did in fact have policies in place.

The simple fact is, you plan to command more money for your product because of the blank being a JUICY. In essence you plan to profit off their trademark. JUICY understands the dollars they have invested in the past, in branding and marketing, is the reason you can command a higher dollar. If they didn't put out the $$ in past promotion, brand building and advertising, you would not be able to ask for a higher dollar on your items today. The public would say "Juicy who??"

I'll only add, that while folks do things right, half right, half wrong, or plain out wrong everyday, doesn't mean some of them aren't getting caught everyday, too. You said yourself, you are only looking at a $10 profit each piece. Not nearly enough to hire someone/lawyer if you've crossed a line and find yourself choosen to be tagged by JUICY.

I hope it goes great no matter how you handle it.. sorry for the last added caution. It's Rico's post that gives me hesitation that you are in the clear. It may end up simply being filling out some paperwork, or maybe no requirements at all... you don't think it'd be nice to know for sure?
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Old August 5th, 2008 Aug 5, 2008 11:09:44 PM -   #13 (permalink)
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Default Re: Brand names in your description, legal?

I agree we are not attorneys and I know I can't say for sure either. I think it's OK is only my opinion and that and correct change will buy you a cup of coffee. I agree seek legal advice from a professional to be sure. I know it's frustrating but spend the money and get the answer that means more than just a opinion. ..... JB
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Old August 5th, 2008 Aug 5, 2008 11:23:34 PM -   #14 (permalink)
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Default Re: Brand names in your description, legal?

At least think about following Rico Menor's path, it doesn't seem like it cost him anything, and he was in the clear to proceed without anything hanging over his head.


JB that and correct change... I have to use that one... hahaa!!
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Old August 5th, 2008 Aug 5, 2008 11:30:08 PM -   #15 (permalink)
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Default Re: Brand names in your description, legal?

Quote:
Originally Posted by sunnydayz
Ok I think that the really important thing to remember here is that no one here is an attorney. If you were to get into trouble for this, telling the company that people on t-shirt forums said it was ok is not going to help you. I would talk to an attorney and make sure that you are not breaking any kind of diversion laws or anything like that. Its nice for others to offer advice, but again it is not legal and in the long run, only you may get into trouble. So it is best to seek legal advice anytime something may seem questionable.

Trust me, if anything happened to me, I would never say "the people on the forum told me it was okay" I am not that naive.
 
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