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[CLOTHING LINE] Superman logo in other letters ok?

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Old September 27th, 2014 Sep 27, 2014 3:09:51 AM -   #1 (permalink)
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Default 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!
 
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Old September 27th, 2014 Sep 27, 2014 6:36:22 AM -   #2 (permalink)
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Default Re: Superman logo in other letters ok?

I would suggest the only semi-concrete answer would be a session with an IP attorney
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Old September 28th, 2014 Sep 28, 2014 1:44:41 AM -   #3 (permalink)
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Default 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.
 
 
Old September 28th, 2014 Sep 28, 2014 7:50:16 AM -   #4 (permalink)
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Default Re: Superman logo in other letters ok?

That shape is the essence of the design.
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Old September 28th, 2014 Sep 28, 2014 7:55:47 AM -   #5 (permalink)
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Default Re: Superman logo in other letters ok?

Quote:
Originally Posted by binki
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!
 
Old September 28th, 2014 Sep 28, 2014 8:00:52 AM -   #6 (permalink)
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Default 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.
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Old September 28th, 2014 Sep 28, 2014 8:41:23 AM -   #7 (permalink)
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Default 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.
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Old September 28th, 2014 Sep 28, 2014 8:43:42 AM -   #8 (permalink)
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Default Re: Superman logo in other letters ok?

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.
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Old September 28th, 2014 Sep 28, 2014 9:03:54 AM -   #9 (permalink)
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Default Re: Superman logo in other letters ok?

Quote:
Originally Posted by treefox2118
Artists take risks.
Artists that create original works don't need to take risks.

Quote:
Originally Posted by treefox2118
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
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.
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Old September 28th, 2014 Sep 28, 2014 9:11:38 AM -   #10 (permalink)
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Default Re: Superman logo in other letters ok?

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.
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Old September 28th, 2014 Sep 28, 2014 9:20:42 AM -   #11 (permalink)
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Default 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.
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Old September 28th, 2014 Sep 28, 2014 9:29:10 AM -   #12 (permalink)
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Default Re: Superman logo in other letters ok?

I may consider doing that.
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Old September 28th, 2014 Sep 28, 2014 6:57:11 PM -   #13 (permalink)
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Default Re: Superman logo in other letters ok?

Quote:
Originally Posted by amyo11
... 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.
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Old September 28th, 2014 Sep 28, 2014 7:04:52 PM -   #14 (permalink)
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Default Re: Superman logo in other letters ok?

Here is one of the 39 active TM's on the Superman S

http://tsdr.uspto.gov/documentviewer...3163159#page=1
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Old September 28th, 2014 Sep 28, 2014 7:24:38 PM -   #15 (permalink)
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Default

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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