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Hi guys, 🙋‍♀️ I'm just curious as to how to determine whether a phrase or quote is copyrighted or trademarked. Also, if it isn't protected or trademarked and free to use and other pod stores designs have the same quote or phrase on their products can we use the same quote or phrase in our own designs? Thank you.
 

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I'm just curious as to how to determine whether a phrase or quote is copyrighted or trademarked.
Is it trademarked?
Short phrases like Nike's "just do it" can be used as identifiers of the source of goods or services and will be registered in searchable trademark databases.
Long phrases/quotes are unlikely to be there. I'm not aware of any at least.

Can quotes be copyrighted?
Recent quotes are copyrighted, and copyright is automatic.
Copyright law does allow using quotes as a reference... but they cannot be used in a way that replaces a possible commercial sale by the copyright holder.
Old quotes will be public domain, just like any other work.

Also, if it isn't protected or trademarked and free to use and other pod stores designs have the same quote or phrase on their products can we use the same quote or phrase in our own designs?
This is entirely up to the company/marketplace.
Let's say a public domain quote you are using becomes a best seller. The company could just remove your listing and start selling it under a different account.
 

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"and other pod stores designs have the same quote or phrase on their products can we use the same quote or phrase in our own designs? "

Lots of a$$holes using stolen IP and burning through an apparently endless supply of accounts, hoping to walk away with some $ before each account gets terminated. Point being, you can't judge what is okay to use based upon what you see online, as much of what you see is not okay, but just hasn't been taken down yet ... and will be replaced 10 items over once it is taken down.

Might also want to consider what good it does you to list for sale something that 10,000 people have already listed for sale themselves. The older listings with an established history or sales will win the SEO battle on whatever platform they are on.
 

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Might also want to consider what good it does you to list for sale something that 10,000 people have already listed for sale themselves.
In most cases the quote by itself will not sell many tees, and everyone can copy-cat it.
Creating copyrightable derivative work is the right way to do it.

The older listings with an established history or sales will win the SEO battle on whatever platform they are on.
Actually new content on a popular website will rank higher.
Otherwise, search results would be full of outdated news and products.
 

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Actually new content on a popular website will rank higher.
Otherwise, search results would be full of outdated news and products.
On Amazon, on which I sell via several modes, Best Seller Rank is hard for latecomers to overcome. Even pixel-for-pixel copies of my art using all my original listing's text and sold at a lower price, failed to get traction against my listing that had garnered high sales months before anyone tried to compete against it. Yes, there are ways to get traction against an established listing on Amazon, but they involve spending money and/or termination-level violations of TOS.

Yes, a new listing on a marketplace gets a temporary boost in search results, a chance for it to prove that it can sell better than other listings for given search terms. On Amazon there are tens of thousands of unseen, or seldom seen, listings for any popular T-shirt meme. Great BSR cannot be matched, much less overcome, via simply being new.

To be clear, I'm talking about apples to apples here. Not old outdated memes forever trumping new ideas--but new copies of established memes not getting traction.
 

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On Amazon, on which I sell via several modes, Best Seller Rank is hard for latecomers to overcome.
That's true for the best seller pages, BUT even there the ranking is calculated using the volume of recent sales.
Even pixel-for-pixel copies of my art using all my original listing's text and sold at a lower price, failed to get traction against my listing that had garnered high sales months before anyone tried to compete against it.
That's just Amazon's ranking algorithm working well.
I'm guessing Amazon works similar to search engines giving temporary priority to new content BUT only if it's unique.
Content that is not unique gets penalized by given lower rank than the original.
 

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That's true for the best seller pages, BUT even there the ranking is calculated using the volume of recent sales.

That's just Amazon's ranking algorithm working well.
I'm guessing Amazon works similar to search engines giving temporary priority to new content BUT only if it's unique.
Content that is not unique gets penalized by given lower rank than the original.
And the context here is copying existing memes/sayings, so ...
 

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And the context here is copying existing memes/sayings, so ...
Well... your amazon example was very specific, and as I said creating an exact copy will not work well.
Other platforms remove duplicates or very similar designs, so it's even worse for the copy-cats.
It is however possible for new unique designs to displace older ones, if people like them better.
 
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