[sortega]

Is there a general rule/statement when it comes to local small logos. ie: If a local team parent comes in to ask for a team design using the team logo is there a generic rule/form or statement that puts the responsibility on the purchaser. Is there a way to state as a designer/printer that "by you requesting the design/image I the designer assume that you have Copyright permission to duplicate and or sale the image"?

Also, Teams can not hold copyright infringements on printers for using generic team names (ie: Stallions, Patriots, Chiefs, Mustangs, etc...).

 

[kimura-mma]

Is there a general rule/statement when it comes to local small logos.

Not really. You need to do some due diligence when customers ask you to print logos. For the most part, just use common sense and do some basic research to see if the logo is trademarked and if the customer has right to use it.

If a local team parent comes in to ask for a team design using the team logo is there a generic rule/form or statement that puts the responsibility on the purchaser. Is there a way to state as a designer/printer that "by you requesting the design/image I the designer assume that you have Copyright permission to duplicate and or sale the image"?

You can have the customer sign a notice or waiver. But it really won't prevent you from being accountable in an infringement lawsuit. If you reproduce existing IP without permission, you are at least partially responsible. It really depends on the specifics of the situation whether the IP owner would find fault with you, the customer or both.

Let's say you are held accountable in a lawsuit... if you can prove that you were deceived by the customer, then you may be able to sue them to recover any losses. Again, it would depend on the specifics.

Also, Teams can not hold copyright infringements on printers for using generic team names (ie: Stallions, Patriots, Chiefs, Mustangs, etc...).

Yes they can. If the team name is owned as a registered trademark, they can take action to protect it. If you are printing uniforms for sports leagues, you should ask if they have permission to use the pro sports names or logos. If they have permission through a sponsorship, you should also ask if the teams are mandated to get uniforms from official suppliers. Based on getting that info, you should be able to make an educated decision on whether you should be printing the team names.

As a general rule though, be extra careful when printing team names or logos that are intended for re-sale in a retail venue.

 

[4 the Team]

Most organizations have a board of directors that you could contact. I know i have exclusive rights for a couple of our local associations and have it in writing as a part of my sponsorship. That doesn't mean a parent isn't going to try to get around it. Do the right thing and check on it. I usually tell people that i need documentation that it is ok for me to use the logo.

 

[sortega]

Thanks for the responses. I am not looking to use a logo without permission. However there is a current issue with using generic names or mascots in my images/designs. Such as "mustangs" or "panthers" or "James Monroe" there are literally thousands of schools, teams and affiliations with these generic names. If I am not using a copyright name or image is there really any restrictions. No one school owns the copyrights on "Mustangs" (just examples).
Not sure if Im explaining this properly.

 

[royster13]

Do not confuse copyrights with trademarks......They are vastly different....You are using the word copyright when in reality you are talking about trademark....

 

[kimura-mma]

As Royce mentioned, you are confusing copyrights and trademarks. This is more of a trademark issue.

However there is a current issue with using generic names or mascots in my images/designs.

If a team name is registered as a trademark, it ceases to be generic. The trademark registration gives the owner legal recourse against the unauthorized use of the mark.

Such as "mustangs" or "panthers" or "James Monroe" there are literally thousands of schools, teams and affiliations with these generic names. If I am not using a copyright name or image is there really any restrictions. No one school owns the copyrights on "Mustangs" (just examples).
Not sure if Im explaining this properly.

"Mustangs" is not trademarked. But "Eagles" and "Raiders" are trademarked. You can search the trademark database at United States Patent and Trademark Office to view all existing and pending trademarks. All this info is public record.

That said, the trademark registration doesn't prevent the use of the team name being used by other teams (whether they are pro teams, college teams, high schools or youth teams). But it does protect against the likelihood of confusion in the marketplace. If you are printing team uniforms (using a trademarked team name), you should be ok. If you are printing team gear for retail sale (using a trademarked team name), you should probably steer clear.