Will Trump sue me? - T-Shirt Forums
 

Hi, Unregistered. | Today's Posts

T-Shirt Forums
User Name
Password

Register Today For Free!

Forgot Your Password?





Site Navigation







+   T-Shirt Forums > T-Shirt Selling > General T-Shirt Selling Discussion


General T-Shirt Selling Category Sponsor

This is the catchall topic for the t-shirt selling discussion. Not sure where to post your question about t-shirt selling? Start here.



Will Trump sue me?

Like Tree23Likes

 
Share This Thread Thread Tools
Old March 23rd, 2017 Mar 23, 2017 8:44:37 AM -   #1 (permalink)
Forum Member
T-Shirt Apprentice

Thing2's Avatar
 
You can call me: Eric
Member Since: Mar 2017
Posts: 9
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Thanks: 6
Thanked 0 Times in 0 Posts


Question Will Trump sue me?

Simple question.... I have a shirt design that uses his likeness. Its a Che Guevara type of effect on the image. You know - desaturate & threshold adjustments. With a little text above it. Personally I think it will sell like hotcakes but can Trump get legal on it?

Note:
The attached shows the type of filter.
The image I chose to use is different.
Attached Thumbnails
Will Trump sue me?-trump-silo-01.png  
 
Sponsored Links
Advertisement
 
Old March 23rd, 2017 Mar 23, 2017 10:07:23 AM -   #2 (permalink)
TSF Veteran
Certified T-Shirt Junkie

kimura-mma's Avatar  - this member was voted Most Helpful Member during our Annual August Member Appreciation Month
 
You can call me: Tim
Member Since: Jul 2008
Location: Long Island
Posts: 6,679
Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Thanks: 519
Thanked 1,827 Times in 1,507 Posts


Default Re: Will Trump sue me?

Yes, he would have the legal grounds to sue you.
__________________
A Brand With No Name : Designs on RedBubble
 
Old March 23rd, 2017 Mar 23, 2017 11:27:15 AM -   #3 (permalink)
Forum Member
T-Shirt Apprentice
Thread Starter

Thing2's Avatar
 
You can call me: Eric
Member Since: Mar 2017
Posts: 9
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Thanks: 6
Thanked 0 Times in 0 Posts


Default Re: Will Trump sue me?

Quote:
Originally Posted by kimura-mma
Yes, he would have the legal grounds to sue you.
Certainly a concern, but isn't there a bit of artistic perspective once the original image has been filtered/ modified?

If it was an actual drawing & not a filtered image its artwork. No?
How could he or anyone go after that? Just because it looks like him?

What if it were edited to be of less detail? Kind of an ink blot that "could be" thought to look like him? There has to be a point that he or anyone could not sue.

Note:
If anything, the shirts could be sold at a local swap meet.

Edit:
Not to mention a google search brings up these....
https://www.google.com/search?q=trum...w=1681&bih=891
 
 
Old March 23rd, 2017 Mar 23, 2017 11:36:56 AM -   #4 (permalink)
Senior Member
Certified T-Shirt Junkie


into the T's Avatar
 
You can call me: Edward
Member Since: Aug 2015
Posts: 2,104
Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Thanks: 198
Thanked 384 Times in 362 Posts


Default Re: Will Trump sue me?

i think you would be fine, it is tastefully done

why not email his team and simply ask politely
 
The Following User Says Thank You to into the T For This Useful Post:
Thing2 (March 23rd, 2017)
Old March 23rd, 2017 Mar 23, 2017 11:41:06 AM -   #5 (permalink)
T-Shirt Lover
T-Shirt Ninja


abmcdan's Avatar
 
You can call me: Andy
Member Since: Sep 2007
Posts: 934
Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Thanks: 107
Thanked 316 Times in 223 Posts


Default Re: Will Trump sue me?

I wouldn't do it....

The whole "Trump" gig is based on marketing his name and likeness for profit.

He's spent decades creating his brand so I'm sure they protect it aggressively.
 
The Following User Says Thank You to abmcdan For This Useful Post:
Thing2 (March 23rd, 2017)
Old March 23rd, 2017 Mar 23, 2017 11:45:37 AM -   #6 (permalink)
Senior Member
T-Shirt Mogul


seacookie's Avatar
 
Member Since: Apr 2015
Posts: 1,130
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Thanks: 96
Thanked 114 Times in 108 Posts


Default Re: Will Trump sue me?

Quote:
Originally Posted by Thing2
Certainly a concern, but isn't there a bit of artistic perspective once the original image has been filtered/ modified?

If it was an actual drawing & not a filtered image its artwork. No?
How could he or anyone go after that? Just because it looks like him?

What if it were edited to be of less detail? Kind of an ink blot that "could be" thought to look like him? There has to be a point that he or anyone could not sue.

Note:
If anything, the shirts could be sold at a local swap meet.

Edit:
Not to mention a google search brings up these....
https://www.google.com/search?q=trum...w=1681&bih=891

If he does so, Trump will likely invoke his "right of publicity"—the right to control the commercial use of his own name and image. This right is most often cited by celebrities whose faces end up in ads or on products without their permission. But politicians also enjoy the right of publicity, though they seldom claim it.

Most Presidents Ignore Products That Rip Off Their Names. Will Trump? | Mother Jones
 
The Following User Says Thank You to seacookie For This Useful Post:
Thing2 (March 23rd, 2017)
Old March 23rd, 2017 Mar 23, 2017 11:48:29 AM -   #7 (permalink)
Forum Member
T-Shirt Apprentice
Thread Starter

Thing2's Avatar
 
You can call me: Eric
Member Since: Mar 2017
Posts: 9
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Thanks: 6
Thanked 0 Times in 0 Posts


Default Re: Will Trump sue me?

Quote:
Originally Posted by into the T
i think you would be fine, it is tastefully done

why not email his team and simply ask politely
That is probably not going to work.... I am not a fan of his. My chosen pic to filter is not his best look & my phrase does take a shot at him too.

Regardless the local swap meet would sell out in half a day. Ideally it would go online for increased sales, but... not too sure about that yet.
 
Old March 23rd, 2017 Mar 23, 2017 11:53:52 AM -   #8 (permalink)
Forum Member
T-Shirt Apprentice
Thread Starter

Thing2's Avatar
 
You can call me: Eric
Member Since: Mar 2017
Posts: 9
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Thanks: 6
Thanked 0 Times in 0 Posts


Default Re: Will Trump sue me?

Quote:
Originally Posted by seacookie
If he does so, Trump will likely invoke his "right of publicity"—the right to control the commercial use of his own name and image. This right is most often cited by celebrities whose faces end up in ads or on products without their permission. But politicians also enjoy the right of publicity, though they seldom claim it.

Most Presidents Ignore Products That Rip Off Their Names. Will Trump? | Mother Jones
That is good information to know, but I would not use his name.
Also, if he was ever going to sue over such a thing wouldn't he have done so already? There are quite a few shirts out there that are far more disparaging than what I was thinking.
 
Old March 23rd, 2017 Mar 23, 2017 12:14:49 PM -   #9 (permalink)
Senior Member
T-Shirt Mogul


seacookie's Avatar
 
Member Since: Apr 2015
Posts: 1,130
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Thanks: 96
Thanked 114 Times in 108 Posts


Default Re: Will Trump sue me?

Quote:
Originally Posted by Thing2
That is good information to know, but I would not use his name.
Also, if he was ever going to sue over such a thing wouldn't he have done so already? There are quite a few shirts out there that are far more disparaging than what I was thinking.
Just for your info. I'm from small country, 2 million people. Its a country where Melanie Trump was born... And people went totally stupid, when Trump was elected, that they named everything as Melanie... You could buy a cake Melanie. You could buy Melanie lunch, you could buy Melanie cocktail an so on. You get the point.
Few months after that crap started in my country, there was a warning from the layer which is very famous in my country on national television. She told people that Melanie doesn't mind if people are using her name for cakes and stuff, but she would if her name would be on products she doesn't like and she would take charges.

But the point is, Melanie isn't Donald I think Donald is more aggressive then Melanie about names and trademarks and stuff. But I do not know, cause I'm not from states.

Last edited by seacookie; March 23rd, 2017 at 12:16 PM.. Reason: adding:on national television
 
Old March 23rd, 2017 Mar 23, 2017 12:25:05 PM -   #10 (permalink)
T-Shirt Lover
T-Shirt Wizard

gardenhillemb's Avatar
 
You can call me: Pat
Member Since: Oct 2015
Location: Wisconsin
Posts: 653
Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Thanks: 18
Thanked 116 Times in 113 Posts


Default Re: Will Trump sue me?

If you're doing it as satire, I don't think it's a problem if you can make the picture a caricature of The Donald. He's now a public figure and satire is protected speech. Do a google search on "satire of public figures and trademark issues"
 
The Following User Says Thank You to gardenhillemb For This Useful Post:
Thing2 (March 23rd, 2017)
Old March 23rd, 2017 Mar 23, 2017 1:19:30 PM -   #11 (permalink)
Forum Member
T-Shirt Apprentice
Thread Starter

Thing2's Avatar
 
You can call me: Eric
Member Since: Mar 2017
Posts: 9
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Thanks: 6
Thanked 0 Times in 0 Posts


Default Re: Will Trump sue me?

Quote:
Originally Posted by gardenhillemb
If you're doing it as satire, I don't think it's a problem if you can make the picture a caricature of The Donald. He's now a public figure and satire is protected speech. Do a google search on "satire of public figures and trademark issues"
Good input!
I found a lot on Right of Publicity but this article seems to fit the best.
My only concern is that the image I would like to use (angry side face) is definitely of him & it would take away from the design to alter it too much. I think I may just have to run a batch thru the local swap meet & go from there.

Right Of Publicity » Presidential bids, Donald Trump, and the Right of Publicity for public figures
 
Old March 23rd, 2017 Mar 23, 2017 1:51:46 PM -   #12 (permalink)
TSF Veteran
Certified T-Shirt Junkie

kimura-mma's Avatar  - this member was voted Most Helpful Member during our Annual August Member Appreciation Month
 
You can call me: Tim
Member Since: Jul 2008
Location: Long Island
Posts: 6,679
Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Thanks: 519
Thanked 1,827 Times in 1,507 Posts


Default Re: Will Trump sue me?

Quote:
Originally Posted by Thing2
Certainly a concern, but isn't there a bit of artistic perspective once the original image has been filtered/ modified?
No. In fact there are two legal issues at play.

First is the copyrighted image that you are basing your "artistic perspective" on. You need permission from the photographer to use their image, even when filtered/modified. If the photographer can identify their photo as the source image, they can sue for copyright infringement. This happened to Shepard Fairey with his Obama Hope poster.

Second is Trump's likeness. As mentioned, he owns his likeness for use on merchandise under right of publicity laws. Even an artistic representation of his likeness is still his likeness. The only way around it is to make your art NOT look like him; which of course, would defeat the purpose.

Quote:
Originally Posted by Thing2
If it was an actual drawing & not a filtered image its artwork. No?
If you were selling the original drawing, it would be artwork, which is protected under free speech laws. But when you reproduce the artwork on a t-shirt, it is merchandise and therefore governed under a different set of laws.

Quote:
Originally Posted by Thing2
How could he or anyone go after that? Just because it looks like him?
Might sound crazy, but yes. There are laws that protect a person's likeness on merchandise. If it looks like him, he can take action.

Quote:
Originally Posted by Thing2
What if it were edited to be of less detail? Kind of an ink blot that "could be" thought to look like him? There has to be a point that he or anyone could not sue.
Yeah, there's a point where he couldn't sue... if the art does not look like him. You have to figure out where to draw the line. And he gets to decide whether he wants to sue (if he even finds out about you, of course.)

Quote:
Originally Posted by Thing2
Note:
If anything, the shirts could be sold at a local swap meet.
This probably limits the risk of being sued. But it doesn't make it any more legal.

Quote:
Originally Posted by Thing2
Edit:
Not to mention a google search brings up these....
https://www.google.com/search?q=trum...w=1681&bih=891
Just because something shows up on a Google search doesn't make it legal. Maybe these people will get sued; maybe not.
Save
__________________
A Brand With No Name : Designs on RedBubble
 
The Following User Says Thank You to kimura-mma For This Useful Post:
Thing2 (March 23rd, 2017)
Old March 23rd, 2017 Mar 23, 2017 1:57:56 PM -   #13 (permalink)
TSF Veteran
Certified T-Shirt Junkie

kimura-mma's Avatar  - this member was voted Most Helpful Member during our Annual August Member Appreciation Month
 
You can call me: Tim
Member Since: Jul 2008
Location: Long Island
Posts: 6,679
Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Thanks: 519
Thanked 1,827 Times in 1,507 Posts


Default Re: Will Trump sue me?

Quote:
Originally Posted by gardenhillemb
He's now a public figure and satire is protected speech.
Satire is protected when published. But when printed on t-shirts, it's merchandise. And right of publicity would trump (pardon the pun) protected speech.
Thing2 likes this.
__________________
A Brand With No Name : Designs on RedBubble
 
Old March 23rd, 2017 Mar 23, 2017 2:01:04 PM -   #14 (permalink)
TSF Veteran
Certified T-Shirt Junkie

kimura-mma's Avatar  - this member was voted Most Helpful Member during our Annual August Member Appreciation Month
 
You can call me: Tim
Member Since: Jul 2008
Location: Long Island
Posts: 6,679
Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Thanks: 519
Thanked 1,827 Times in 1,507 Posts


Default Re: Will Trump sue me?

Quote:
Originally Posted by Thing2
My only concern is that the image I would like to use (angry side face) is definitely of him & it would take away from the design to alter it too much.
Again, just noting that there is copyright issue with the image in addition to the right of publicity issue.
NoXid likes this.
__________________
A Brand With No Name : Designs on RedBubble
 
Old March 23rd, 2017 Mar 23, 2017 2:01:31 PM -   #15 (permalink)
Senior Member
Certified T-Shirt Junkie


NoXid's Avatar
 
Member Since: Apr 2011
Location: Portland OR USA
Posts: 2,994
Mentioned: 25 Post(s)
Tagged: 0 Thread(s)
Thanks: 150
Thanked 543 Times in 517 Posts


Default Re: Will Trump sue me?

Trump is a public figure by his own choice (no one forced him to run for president); he is thus mostly fair game. If you get lucky, he will send you a cease and desist so you can go on social media and post about it and talk to your local media about Trump coming down on you and get so much free publicity that your web site crashes.

That said, you may be asking about this due to a recent story ... in which case you might find this interesting:
It Sure Looks Like That Viral 'Trump Cat' Site Is a Massive Troll

I have many, many Trump related designs, and they are not favorable to him. Legally speaking, I would worry more about the photographer or news organization that owns the photo your design is based upon. Trump does not own those images, they do.
 
The Following User Says Thank You to NoXid For This Useful Post:
Thing2 (March 23rd, 2017)






This is a discussion about Will Trump sue me? that was posted in the General T-Shirt Selling Discussion section of the forums.

Quick Reply
Type Your Message Below:
Do NOT Post Self Promotional URLs, Advertisements, Sales Offers or Requests. It is against our Forum Guidelines.
Options

Register Now

In order to be able to post messages on the T-Shirt Forums, you must first register.


Please enter your desired user name, your email address and other required details in the form below.

Your username must be between 2 and 16 characters and contain only letters and numbers (no special characters like hyphens, *, ', ~, etc)
User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.

A confirmation email will be sent to this address, so please make sure it is accurate and that your email software is set to allow emails from our domain: t-shirtforums.com (sometimes the confirmation email gets accidently filtered into Yahoo/AOL/Hotmail/Gmail spam folders)
.

You won't be able to post until your email address has been confirmed. We take your privacy very seriously. Feel free to review our Privacy Policy in a new window.
Email Address:
First Name
It's nice to be able to be on a "first name" basis with the people you talk to in a forum. This is a totally optional field; if you like being on a first name basis, please enter your first name below :)

Log-in


Thread Tools

Posting Rules

Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off
Trackbacks are On
Pingbacks are On
Refbacks are Off
Trackbacks are On
Pingbacks are On
Refbacks are Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
Is it legal to sell a t shirt with an illustration of a deceased person, for example a mobster from the 1920s? Lefaxius General T-Shirt Selling Discussion 26 December 16th, 2016 12:45 AM


All times are GMT -8. The time now is 03:10 PM.


Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
Copyright 2004-2014 T-ShirtForums.com. All rights reserved.