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Hello I am new to this community
I sell embroidered t-shirts and I use the Nike tick. However I fill the tick with my own embroidery of flowers and leaves & only use the Nike tick shape. It is quite evident that the shirt is hand embroidered, & not Nike. I describe this design as being “Nike Inspired” as I believe this is what it is. I really like the tick, and I add my own embroidered design into it & I don’t claim it to be a replica/dupe. Would you guys class this as being a fake/counterfeit product that I’m making & selling? I don’t want to put hard work into making something which is classed as fake.
thanks
 

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The swoosh is what they patent/license. That is not for use. I see many people using home cutting machines doing nike and north face, etc and thinking this is ok. It is not! Hand stitched or machine, it is still legally their logo. I would stay away from anyone's logo or art to avoid legal issues.
 

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Hello I am new to this community
I sell embroidered t-shirts and I use the Nike tick. However I fill the tick with my own embroidery of flowers and leaves & only use the Nike tick shape. It is quite evident that the shirt is hand embroidered, & not Nike. I describe this design as being “Nike Inspired” as I believe this is what it is. I really like the tick, and I add my own embroidered design into it & I don’t claim it to be a replica/dupe. Would you guys class this as being a fake/counterfeit product that I’m making & selling? I don’t want to put hard work into making something which is classed as fake.
thanks
 

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Registered
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3,057 Posts
Hello I am new to this community
I sell embroidered t-shirts and I use the Nike tick. However I fill the tick with my own embroidery of flowers and leaves & only use the Nike tick shape. It is quite evident that the shirt is hand embroidered, & not Nike. I describe this design as being “Nike Inspired” as I believe this is what it is. I really like the tick, and I add my own embroidered design into it & I don’t claim it to be a replica/dupe. Would you guys class this as being a fake/counterfeit product that I’m making & selling? I don’t want to put hard work into making something which is classed as fake.
thanks
If the consumer could assume that the product could be a Nike item then its infringement. And since you say inspired by Nike then your pretty much admitting to that fact. Would using a checkmark work possible since there is a difference but if using the swoosh then pretty much could be asking for a butt hurting.
 

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Trademark infringement probably. If it is deemed counterfeit then you could be in a lot more trouble as that is a felony and all equipment, garments and the location you are producing them can be seized as part of the criminal action.
 

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I have wondered something similar to the OP question. Would it be legal to alter or satirize a logo. For instance, have a Puma biting a nike swoosh with the swoosh having a chunk missing. What exactly is legal?
 

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I have wondered something similar to the OP question. Would it be legal to alter or satirize a logo. For instance, have a Puma biting a nike swoosh with the swoosh having a chunk missing. What exactly is legal?
I'm not a lawyer.

Parody may be covered under fair use, satire is more complicated. "What EXACTLY is legal" can be tricky and subjective.

3 random articles:

Why is parody considered fair use but satire isn’t?

Is Satire or Mimicking a Trademark Protected under Fair Use? Attorney Advertising | Trademark Lawyer Jason H. Rosenblum

Trademark Parody | Lott & Fischer, PL
 

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I have wondered something similar to the OP question. Would it be legal to alter or satirize a logo. For instance, have a Puma biting a nike swoosh with the swoosh having a chunk missing. What exactly is legal?
It could be parody but that won't stop legal action against you. You will still have to answer a complaint if one is filed. Check this one out. North Face settles lawsuit against South Butt
 

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It could be parody but that won't stop legal action against you. You will still have to answer a complaint if one is filed. Check this one out. North Face settles lawsuit against South Butt
That makes sense to me. I think you'd have better luck twisting a trademark in a comic or cartoon way as a part of original artwork on a t-shirt, rather than capitalizing on the similarity, however spun, as part of your logo or brand itself.
 
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