T-Shirt Forums banner
1 - 9 of 9 Posts

· Registered
Joined
·
4 Posts
Discussion Starter · #1 ·
Hello, I have lots of questions about copyright stuff and am wondering if anyone can recommend a good easy to understand resource?

Basically, I am gearing up for football season and curious about the legalities of the following designs in relation to a state university's trademarks/copyrights.

1) just the name of the state (without university or mascot name on the design) in colors similar to school colors
2) the school's zipcode, like a take on "90210"
3) a hand drawn version of a buckeye leaf

I have seen others do similar things, but it is hard as a new designer knowing what is allowable?

Thanks for any advice.
 

· Registered
Joined
·
6,595 Posts
Hello, I have lots of questions about copyright stuff and am wondering if anyone can recommend a good easy to understand resource?
Try the USPTO website. Or you can search the forums here. There's a lot of good info on this site.

1) just the name of the state (without university or mascot name on the design) in colors similar to school colors
State names cannot be trademarked, so it could be ok. But once you start using school colors it starts getting close to infringement. And if you use football elements with the state name and school colors that's asking for trouble.

2) the school's zipcode, like a take on "90210"
That's probably ok but again once you start using school colors it gets risky to some level.

3) a hand drawn version of a buckeye leaf
Since a buckeye leaf is so specific I would imagine they would have legal recourse if you tried selling unlicensed shirts based so closely on Ohio state marks.

I have seen others do similar things, but it is hard as a new designer knowing what is allowable?
A lot of what you see is licensed. If anything is not licensed then they are at risk to be sued. In general the collegiete licensed product industry is huge and it takes an official license to legally reproduce school marks. You can try to toe the line and not use school marks but there is always risk to be sued.



Sent from my iPhone using TShirtForums
 

· Registered
Joined
·
23 Posts
i work in a shop in a town built and based around a major university in the SEC, the owner of my shop is the mayor of the city. we print officially licensed products for the university and we also pay for the rights to print their name and trademark logo etc and sell them in our own shop, which is a sporting goods store which features alot of the university's mascot and name on it's merchandise. Though we do print this one shirt that resembles a popularized design you may have seen on hats made by the brand THE GAME, which you are undoubtedly familiar with. It is a "bar" design, if you don't what i'm talking about by saying bar design, its just one flat horizontal line or bar, a word(s) underneath that line, another line underneath that word, another word(s) underneath that line, and one more line. As this product is pretty official university gear and pretty well sold (well very well sold, frankly), and uses the exact color scheme of the universities color, i would think that we too pay for the right to print the name of the university, BUT we do not. and my owner is not a criminal, he is a responsible law abiding business man. WHAT i took keen notice of us doing, is printing a period after the name of the university on the top line of text in the design. a period where i might have thought a trademark or copywrite symbol to be, the first time i printed the design i tried to tape it off thinking it to be a monstrous pindot, my mortal enemy. But then i was quickly advised that this was party of the design, as if we did not have it there we would be committing copywrite infringement. Though barely noticeable, if you do take notice of it like me it sticks out like a sore thumb. so as my man hath said above, this savy business man may have toe'd the line on this one. Though this is the only product we do like that, he doesn't try to dodge around copyright issues much, or flirt around it, he's completely open and honest about it on this one, as if its his own possesion, as if the design belongs to him (even though its clearly the universitys name and colors)? who knows. POINT BEING, you can toe the line, and get away with these things once, twice, maybe thrice, but always be modest, he's not trying to flirt around with copyright infringement, but sometimes it's okay to help yourself help yourself a little bit? at least i think so, i'd do it. take caution though, don't take it from me. many members of this forum will highly HIGHLY frown upon this, i can't let them phase me though, and if i can't, hell i know you can't? you feel me? you feel me. it reminds me of what happened in New Orleans, hundreds of screenprinters were awarded with an early christmas present this year, making and selling shirts with the words "who dat?" on it, like hot cakes, must have been a screen printers dream down there this past year. anywho, that money didn't go unoticed, and the NFL quickly bought it up, the rights that is. and it is now illegal to do it, though many people still do down there i'm sure, and thinking it just. but that copywrights a fine line, and everybody has their own interpretation of ethics whats right and wrong, as long as you can sleep at night, and stay on the right side of the law its free game out there, and the best of luck TO YA!
 

· Registered
Joined
·
6,595 Posts
I thought you said the shop was licensed to print the name of the university. But then you said they are not? A bit confusing...

Printing a period in the design is not going to help avoid infringement issues.

If your shop is not licensed and are printing registered trademarks, that's not toeing the line, it's deliberate infringement. That doesn't make someone a criminal, but it opens them up to a lawsuit if caught.

The NFL did not buy up the rights to "Who Dat?" The league's issue was the use of the phrase along with official Saints marks. As long as team marks were not used, the league did not have a problem with using the phrase, not they it mattered since they do not own the rights to it. A separate company has an application to register the phrase, but in all likelihood it may be found that the phrase should be in the public domain.

Everyone may have their own interpretation of ethics, but it's pretty clear where the law stands on infringement. I wouldn't go so far as to call it a free game out there. After all, that's why official registrations of intellectual property exists.
 

· Registered
Joined
·
23 Posts
yeah they have one logo, one mascot, and one name. apparently its illegal or copyright infringement to use or sell any of them without the right, but we print their name on one of our shirts and put a period after it, and i'm pretty sure from what i understand this avoids us from being liable to copyright infringement, but i don't question your good judgement, in fact i'm quite sure that you probably know well more than i do, in all honesty. and as for the nfl owning the words "who dat", i'm sorry i guess they don't, i just know i saw a story on espn saying they bought the rights to the phrase and retailers in new orleans couldn't sell it anymore on their products anymore unless it was officially licensed by the nfl, but i guess that only applied to it's use in collaboration with the saints football team, though i didn't know that the nfl owned the word saint(s), the fleur de lise symbol, but i guess the combination of the two of them must be considered a reference to the popular sports team franchise in new orleans, by the laws of our great land, as it should, as it undoubtedly 99.9% of the time or more would be and is. does this make it right, yes, i would say so. i was simply trying to state that there are exceptions, take it with a grain of salt.
 

· Registered
Joined
·
6,595 Posts
apparently its illegal or copyright infringement to use or sell any of them without the right
It would actually be trademark infringement. Copyrights are different. Sorry to be a stickler, but for anyone else reading, it helps to make the clarification.

and as for the nfl owning the words "who dat", i'm sorry i guess they don't, i just know i saw a story on espn saying they bought the rights to the phrase and retailers in new orleans couldn't sell it anymore on their products anymore unless it was officially licensed by the nfl, but i guess that only applied to it's use in collaboration with the saints football team
Leading up to the Super Bowl, the NFL sent cease and desist letters to retailers in New Orleans. There was a lot of confusion about it, but ultimately the league had no rights to prevent the usage of the phrase. The league can only regulate the usage of team and league marks. So as long as no team or league marks were used, retailers were allowed to continue selling their merchandise.

though i didn't know that the nfl owned the word saint(s), the fleur de lise symbol, but i guess the combination of the two of them must be considered a reference to the popular sports team franchise in new orleans
The league does not own the word "Saints," the team does. But the league owns the licensing rights, which is a completely different conversation.

The "fleur de lis" is somewhat interesting. Again, the team owns the logo, but the league owns the licensing. But generic versions of the mark are not owned. It's only the specific mark in team colors that is owned by the team.
 

· Registered
Joined
·
4 Posts
Discussion Starter · #8 ·
Wow, very interesting discussion. Which brings two points to mind: no matter if I decide to "toe the line" or not, I need to be sure my business structure is such that if I ever would get sued, my personal assets are safe and....I can't wait for football season to start up again. :)
 

· Registered
Joined
·
6,595 Posts
no matter if I decide to "toe the line" or not, I need to be sure my business structure is such that if I ever would get sued, my personal assets are safe
Yes, good point. Officers of corporations can definitely be held personally liable for intellectual property infringement. So it's not as easy as just forming a business that allows for liability protection. You should look into general liability insurance and intellectual property insurance.

I can't wait for football season to start up again. :)
Me too...
 
1 - 9 of 9 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top