[gaseousclay]

I've noticed a lot of companies out there that have appropriated fictitious company logos for use on t-shirts, stickers, etc. I'm sure some are officially licensed designs but most are not.

so my question is, is there some fair use clause that allows these companies to create, market and sell these fake logos/symbols? I think fair use can be used if it's a parody, but a lot of logos I see aren't parodies. My understanding is that George Lucas is incredibly litigious when it comes to use of anything Star Wars related, but I see so many products out there that go about using his stuff. Same goes for other fake logos and the like.

so what's fair to use and what isn't?

 

[Fenrir]

None of them are fair use. They just haven't been caught yet. There are starting to be more crackdowns on this kind of thing now.

 

[gaseousclay]

None of them are fair use. They just haven't been caught yet. There are starting to be more crackdowns on this kind of thing now.

I haven't seen or heard of any crackdowns. If that actually happened, websites like redbubble, zazzle and a whole myriad of independent online companies would go out of business. one of the companies i'm talking about is quite popular and they're still in business.

 

[Fenrir]

They're starting with the big problems first. I'm sure they'll get around to the little ones. If you feel so strongly about it, report it.

Feds seize nearly $1 million in counterfeit goods - AP State Wire News - The Sacramento Bee

Feds seize $4M worth of counterfeit sports apparel - San Jose Mercury News

 

[gaseousclay]

They're starting with the big problems first. I'm sure they'll get around to the little ones. If you feel so strongly about it, report it.

Feds seize nearly $1 million in counterfeit goods - AP State Wire News - The Sacramento Bee

Feds seize $4M worth of counterfeit sports apparel - San Jose Mercury News

I don't think posting links to counterfeiting cases is really the same thing imo. I'm talking about the use of fake company logos as seen in film & television to be sold as goods

 

[Fenrir]

Whether or not you believe it's different, they're both still illegal copyright infringement and the only difference is who did and did not get caught.

 

[gaseousclay]

Whether or not you believe it's different, they're both still illegal copyright infringement and the only difference is who did and did not get caught.

but the only example you've cited are ones pertaining to real companies, like Nike or Reebok. You also keep talking about who has or hasn't been caught. All you have to do is google any number of fake company names and you'll come up with pages and pages of product for these companies. My guess is that these companies have been able to circumvent copyright/trademarks issues because of the fair use parody clause.

 

[Fenrir]

You are being unclear about what you are actually talking about. When you say "fake company", do you mean the merchandise is fake, or it's actually a fictitious name?

It's still illegal to sell Sorny headphones, Granny Delicious iPuds, and Bödweiser Bier. If you were using these names in, say, a comic strip, they would probably be fine. If you are using them to try to exploit the brand name with your own products, than no.

Calvin peeing on whatever trademark you hate the most is not parody. The only way to know is if you post examples of what you have seen.

 

[kimura-mma]

I believe the OP is referring to the companies used within a tv or movie, like Dunder Mifflin (from The Office) or Initech (from Office Space).

Anyone creating and selling these t-shirts are not circumventing any intellectual property laws. There is no clause (such as fair use or parody) that makes these designs automatically legal. The owners of the original IP can take legal action if they choose. Some do, some don't. Some infringers get caught, others don't. If it ever goes to court, it would be up to a judge to decide. But using a "fake company" logo on a shirt is neither fair use or parody based on my interpretation of those laws. It's clear and simple infringement because the user is reproducing someone else's work for profit.

If you are looking to create similar t-shirts, it's a good idea to set aside some money for legal fees. If you ever need it, it's there. If not, then at least you were prepared.