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-   -   Superman logo in other letters ok? (https://www.t-shirtforums.com/general-t-shirt-selling-discussion/t435217.html)

amyo11 September 27th, 2014 03:09 AM

Superman logo in other letters ok?
 
Hello,
I know I cannot reproduce the Superman "S" logo without a license but I have had some requests to put other letters or initials in the Superman shaped Diamond and am wondering if it is OK if the letter is changed ? I see lots of people doing it and just not offerng the "S" but I can seem to find any concrete info about this online whether it is ok or not to use other letters. Thanks in advance!

charles95405 September 27th, 2014 06:36 AM

Re: Superman logo in other letters ok?
 
I would suggest the only semi-concrete answer would be a session with an IP attorney

amyo11 September 28th, 2014 01:44 AM

Re: Superman logo in other letters ok?
 
OK thanks for the advice. I was hoping someone might have experience with this since it seems to be prevalent online the availability of other letters. I am probably just going to decline request as I am not going to go meet with an Attorney over a couple of shirts.

binki September 28th, 2014 07:50 AM

Re: Superman logo in other letters ok?
 
110 Attachment(s)
That shape is the essence of the design.

amyo11 September 28th, 2014 07:55 AM

Re: Superman logo in other letters ok?
 
Quote:

Originally Posted by binki (Post 2430786)
That shape is the essence of the design.

Yes, it's the essence of a lot of things. Is essence enough? When I look at your logo shape on your avatar I see the essence of Starbucks! :)

kimura-mma September 28th, 2014 08:00 AM

Re: Superman logo in other letters ok?
 
You are essentially trying to create your own version of the Superman logo. That could obviously lead to legal issues. Even if a million people told you it was ok, you could still get sued. So you're not going to find a definitive answer here on the forum. The smart move is to steer clear.

Tee Designer September 28th, 2014 08:41 AM

Re: Superman logo in other letters ok?
 
I agree with Kimura-mma, its better to avoid problems, you dont want to get sued for something like this.

treefox2118 September 28th, 2014 08:43 AM

Re: Superman logo in other letters ok?
 
15 Attachment(s)
Artists take risks. Parody is protected expression in the States. Find a good libertarian lawyer and go to town.

I do. And I get C&D's often enough but they generally have no teeth.

kimura-mma September 28th, 2014 09:03 AM

Re: Superman logo in other letters ok?
 
Quote:

Originally Posted by treefox2118 (Post 2430930)
Artists take risks.

Artists that create original works don't need to take risks.

Quote:

Originally Posted by treefox2118 (Post 2430930)
Parody is protected expression in the States.

Depends on the form of media.

If you want to make a YouTube video that parodies Roger Goodell and the NFL, go right ahead. But when you print something on a t-shirt, it's a salable good. The use of IP on salable goods is governed under The Lanham Act. Parody or not, using existing IP on t-shirts can lead to legal issues. Only a judge can decide if the use is parody or infringement.

Quote:

Originally Posted by treefox2118 (Post 2430930)
I do. And I get C&D's often enough but they generally have no teeth.

That works for you. But it may not work for everyone. Slippery slope advice on a free, public forum.

treefox2118 September 28th, 2014 09:11 AM

Re: Superman logo in other letters ok?
 
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Superman isn't owned by an artist. Lol srsly.

Logo was created in 1938.

Insane that it's protected today.

I think I'll make a Superman parody today.

With my scum lawyer's advising.

kimura-mma September 28th, 2014 09:20 AM

Re: Superman logo in other letters ok?
 
I didn't say Superman was owned by an artist. But artists don't need to take the risk of using the Superman logo, they can just create their own art. Cuz, you know, their artists. lol.

The year it was created is relevant to copyright, not trademark. As long as the logo is still being used as an applicable trademark, it can be protected. Not sure why that's insane. Another lol.

You should definitely make a Superman parody today. And post the link to it. I would like to see it and your other popular parodies that are available for sale.

treefox2118 September 28th, 2014 09:29 AM

Re: Superman logo in other letters ok?
 
15 Attachment(s)
I may consider doing that.

binki September 28th, 2014 06:57 PM

Re: Superman logo in other letters ok?
 
110 Attachment(s)
Quote:

Originally Posted by amyo11 (Post 2430802)
... When I look at your logo shape on your avatar I see the essence of Starbucks! :)

Now that you put it that way, go ahead and run with it. Your argument has convinced me. :)

binki September 28th, 2014 07:04 PM

Re: Superman logo in other letters ok?
 
110 Attachment(s)
Here is one of the 39 active TM's on the Superman S

http://tsdr.uspto.gov/documentviewer...3163159#page=1

treefox2118 September 28th, 2014 07:24 PM

15 Attachment(s)
Here's a nice legal advice thread on the matter:

http://www.avvo.com/legal-answers/is...ri-566267.html

My own lawyer emailed me tonight saying the logo's genericized use shows dilution and that my parodic interpretation would not likely cause consumer confusion.

Of course, I pay him for advisement. And to respond to C&D letters.

What a joke. 39 trademarks on art created 70 years ago. Lawyers...


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