[surferbum21]

So I started a side business venture and it took off. I had two different Thunder basketball tee shirts made and with the success of the team has taken off. I got in good with a store here and was thinking of doing a limited edition pink version for all their girl models to promote and sell. We are going to put their logo on the back of the tanks and shirts. My buddy told me to make sure I looked into the legalities of this to make sure that the store can't steal my design and/or say it's their company. I have yet to set up a business account b/c we did a small order for close friends and then blew up. I am in the process of getting incorporated or LLC'd etc. Can I trademark or copyright my design so that others can't steal them? a few other popular tees have been getting jacked left and right

So really to summarize should I do something to protect myself from the store screwing me over and having a legal battle with? This is a one time limited edition tank/tee for this store solely.

And then what can I do to protect myself from others stealing my design etc.

 

[Inkognito]

Are you talking about the NBA's Oklahoma City Thunder?

 

[Fixico]

Always get a signed clearly written agreement when doing any kind of partnership/colaboration.
I don't think you can copyright/trademark anything that's already trademarked (OKC Thunder name and/or logo). I'd check into the legality of printing and selling that. Personally, I won't print anything trademarked without a trademark release or a licensing agreement. I suggest looking into that. Its not always difficult to get consent. Sometimes they are just glad for the publicity.

 

[Inkognito]

I don't think you can copyright/trademark anything that's already trademarked (OKC Thunder name and/or logo). I'd check into the legality of printing and selling that.

that's my point exactly, i'm pretty sure you can't legally sell merchandise related to a professional sports franchise unless you're officially licensed to do so by the NBA ---- or the NFL, NHL, MLB, etc.

 

[KabirC]

that's my point exactly, i'm pretty sure you can't legally sell merchandise related to a professional sports franchise unless you're officially licensed to do so by the NBA ---- or the NFL, NHL, MLB, etc.

You can if you go something like I Bleed color and color. Or things that refer to them without actually using their names. You can checkout the 7 Line for a brand that does this very successfully that is monitored by the MLB.

 

[surferbum21]

yes the basketball team and I did my homework before I invested in them. we do not have the team logo, oklahoma city, anything other relating to basketball or the team other than a phrase using the word Thunder or a form of Thundering.

So if I typed up my own contract and we both signed and dated that would be enough to protect myself?

 

[Inkognito]

You can if you go something like I Bleed color and color. Or things that refer to them without actually using their names. You can checkout the 7 Line for a brand that does this very successfully that is monitored by the MLB.

ok, thanks kabir, i guess i stand corrected.

just checked out the 7 Line site, very creative, i love it.

 

[KabirC]

yes the basketball team and I did my homework before I invested in them. we do not have the team logo, oklahoma city, anything other relating to basketball or the team other than a phrase using the word Thunder or a form of Thundering.

So if I typed up my own contract and we both signed and dated that would be enough to protect myself?

You can get in trouble for putting the word Thunder on your shirts in reference to the OKC Thunder, they own the rights to their name with or without the OKC.

 

[surferbum21]

You can get in trouble for putting the word Thunder on your shirts in reference to the OKC Thunder, they own the rights to their name with or without the OKC.

there are about a 20-30 "underground" thunder shirts that are not licensed by the thunder or nba. Stuff like City of Thunder or Thunder City or even Thunder the F#@K Up (censored on the shirt). The PR actually promotes it b/c it is building huge support for the team. There was a huge news story on it. No one has been crossing the fine line there is to get shut down and most of em been making them for over 3 years.

 

[kimura-mma]

Even with a trademark (for your brand name and logo) and copyright (for your designs), people can still steal your work. It really comes down to whether or not you are willing to aggressively protect your work through legal action. If so, then spend the money on official trademarks and copyrights and get an attorney on retainer. If not, then focus more on selling shirts and creating new designs than worrying about who may steal your work.

 

[KabirC]

there are about a 20-30 "underground" thunder shirts that are not licensed by the thunder or nba. Stuff like City of Thunder or Thunder City or even Thunder the F#@K Up (censored on the shirt). The PR actually promotes it b/c it is building huge support for the team. There was a huge news story on it. No one has been crossing the fine line there is to get shut down and most of em been making them for over 3 years.

Doesn't matter that they haven't been caught yet, if the Thunder decide that they want to go after someone since they are using their name...they will, and they will win.

 

[kimura-mma]

that's my point exactly, i'm pretty sure you can't legally sell merchandise related to a professional sports franchise unless you're officially licensed to do so by the NBA ---- or the NFL, NHL, MLB, etc.

For the most part, you are correct. It requires a license to legally use team names, logos, colors, etc. There are sites out there that sell unlicensed merchandise. Some stay far enough away from the line. Some cross the line. Some get shut down, some operate profitably for years. It all depends on the situation.

 

[surferbum21]

Doesn't matter that they haven't been caught yet, if the Thunder decide that they want to go after someone since they are using their name...they will, and they will win.

exactly. I really am surprised they haven't shut down the Thunder the F-word Up as it is a bad portrayal of the team. They actually promote the idea of the shirts being made. They know they are not losing money and as long as don't use their logo nba logo the players names faces etc they have said they have no problem with it. So just stay on their good side and no problem.

 

[KabirC]

exactly. I really am surprised they haven't shut down the Thunder the F-word Up as it is a bad portrayal of the team. They actually promote the idea of the shirts being made. They know they are not losing money and as long as don't use their logo nba logo the players names faces etc they have said they have no problem with it. So just stay on their good side and no problem.

I highly doubt that they would promote the idea of the shirts being made, you are aware that using "Thunder" is the same as their logo since it is all inter mingled as one brand name. Especially if they have similar colors. If anything, I think they have gone under the radar and Thunder spokespeople have not seen it yet.

 

[surferbum21]

I highly doubt that they would promote the idea of the shirts being made, you are aware that using "Thunder" is the same as their logo since it is all inter mingled as one brand name. Especially if they have similar colors. If anything, I think they have gone under the radar and Thunder spokespeople have not seen it yet.

Oklahoma City Thunder fever strikes local businesses and artists | NewsOK Videos

there was one more news story on another company that does thunder shirts where it actually said the PR dept does not mind and actually encourages it as long as no lines are crossed

 

[KabirC]

Oklahoma City Thunder fever strikes local businesses and artists | NewsOK Videos

there was one more news story on another company that does thunder shirts where it actually said the PR dept does not mind and actually encourages it as long as no lines are crossed

What is that video supposed to show? I am just going to re-state one of my earlier posts:

Doesn't matter that they haven't been caught yet, if the Thunder decide that they want to go after someone since they are using their name...they will, and they will win.

Many times they have no clue about the tiny brand selling like 20 shirts a month. If the Thunder PR department actually contacted them and there was some proof of this then there would be a compelling argument, until then it is just their word that does not mean much considering the fact people lie all the time. And if you are going to say what is there to lie about here, it's all for ego that the Thunder are OK with the shirts and that they have special privileges, I have seen it at least 10 times now with other brands I have talked to.

 

[kimura-mma]

The PR department at the Thunder are not the real decision makers on this issue. If they wanted to cause problems, they could. But their support of these shirts being sold does not make it legal. The NBA holds the licensing and merchandising rights to all team logos. If they catch on, they can shut these companies down regardless of what any team employee or executive thinks. And if any other NBA licensee catches on, they will encourage the league to take action. After all, it's the licensees that are paying top dollar for exclusive rights. Why should they sit there and allow the teams and league to knowingly support unlicensed products?

 

[surferbum21]

ok can we get back to my questions please? ya'll are beating a dead bush. these other companies and I will deal with it if and when that time comes. Not one company uses any nba or thunder logos etc.

I am asking if a self typed contract would be enough to protect me if this collab partnership decides to try and screw me over.

Someone already answered my other question if I should get my design or phrase copyrighted or trademarked.

 

[kimura-mma]

I am asking if a self typed contract would be enough to protect me if this collab partnership decides to try and screw me over.

If you're trying to protect your IP, the contract alone will not protect you in court. You will still need to provide proof that you are the rightful owner of the trademark/copyright eligible work.

My advice is to focus more on selling shirts and making money than people stealing your work. If you properly brand your merchandise with labels, hangtags, reg marks, etc, then you (and the consumer) will know that it is an authentic product. If you find knockoffs that don't have the proper branding, then you know it's time to take action. But like I said, it will take more than a written agreement to win in court.

If you do decide to register your work, start thinking about what exactly you want to protect. Brand name? Logo? Slogan? Design? Each can carry different levels of protection and recourse.

 

[surferbum21]

If you're trying to protect your IP, the contract alone will not protect you in court. You will still need to provide proof that you are the rightful owner of the trademark/copyright eligible work.

My advice is to focus more on selling shirts and making money than people stealing your work. If you properly brand your merchandise with labels, hangtags, reg marks, etc, then you (and the consumer) will know that it is an authentic product. If you find knockoffs that don't have the proper branding, then you know it's time to take action. But like I said, it will take more than a written agreement to win in court.

If you do decide to register your work, start thinking about what exactly you want to protect. Brand name? Logo? Slogan? Design? Each can carry different levels of protection and recourse.

can you point us in the right direction to get this going? am going to LLC the company and get a bank account instead of going to my other business account. I'm guessing trademark our logo that we're having made?