I hope I dont get sued for this ad.

posters for $1.58 that work

I love my new poster- and it cost less than $2 at office maxx.
think it will work? or i'll get sued?
VOTE TODAY! poster-ad

Why would you get sued? Are you selling the poster?

Re: posters for $1.58 that work

I don't think you're doing anything that could get you sued. But I think it's going to be pretty hard to take away any of Nike's market share with a $1.58 ad investment.

To be honest, I don't see why you are targeting Nike's market. There is nothing similar about your brand and Nike. It seems like you have a cool idea based on your local niche market. I would suggest going grass roots in your area and focus on your market and why they should buy your shirts.

Re: posters for $1.58 that work

You would need the standard disclaimers and mention of Nike's copyrighted logo and tag line.

Re: posters for $1.58 that work

Nike is large enough that nearly anyone who buys is liable to be a part of their market.

I'm not trying to be argumentative, but could it be that the whole pitch is a humorous take on a well known entity, not a serious attempt to sway their specific clientele? Also Nike is all about attitude, and Maui Bred is definitely urban attitude (at least from my view).

Again, just throwing some thoughts out for discussion, not trying to challenge anyone directly.

Personally I like the posters, they have a really great feel for in house ad work (I assume it's in house). The turn in the pitch is really smooth. And although I don't fit the audience this product is aimed at ( I'm old and got no attitude), if I did I could see wearing these shirts.

It's hard to believe the ad guys who sold "just do it" to Nike were paraphrasing a convicted killers last words before he was executed.

Re: posters for $1.58 that work

I love the comments- I really came up with this idea because I was bored, and would probally do better at underdog marketing than screening tees. the fact about nike is that studies have revealed over 90% of customers do little or no sports- they just want to be associated with the lifestyle- like hanging out in high school with the jocks.

Re: posters for $1.58 that work

The lifestyle I think of is PGA, NBA, and gangstas

Re: posters for $1.58 that work

ShirlandDesign said:

Nike is large enough that nearly anyone who buys is liable to be a part of their market.

I'm not trying to be argumentative, but could it be that the whole pitch is a humorous take on a well known entity, not a serious attempt to sway their specific clientele? Also Nike is all about attitude, and Maui Bred is definitely urban attitude (at least from my view).

Click to expand...

I see what you're saying about it being more humorous than serious. I guess my marketing style is a bit different. I agree with you about the Maui Bred brand portraying urban attitude. Maybe that's why I missed the humorous marketing approach. I also think marketing is about establishing a perceived value on your brand. I'm not sure this ad helped in that regard. But as the OP mentioned in his last post, "underdog marketing" could be the plan. In which case, I think it was very good.

Re: posters for $1.58 that work

dont let the spraycan image in my avatar fool ya. I just thought it looked cool- a gft from a friend.
I dont think urban is my goal- maybe just attitude- if thats urban i'm guilty.

Wouldn't worry, unless this ad ends up all over the place. Like apipony hinted at -- you'll probably receive a cease & desist letter before getting sued.

okay-
how is it that burger king, car commercials, even paper towel commercials can have competitors products on their ads- am I the only one that notices it? there is some way around it- I'll figure it out.

the truth about using trademarks

I found this info on findlaw website.
it explains that I can use the slogan since i am not violating trademark terms- notice:
Unlike copyrights, trademarks don't give their owners unlimited rights to use phrases for all purposes. Indeed, trademarks were only designed to protect a merchant's efforts to distinguish his brands from those of his rivals. As the law seeks to stop competitors from tricking consumers as to the source of goods, trademark rights only extend to phrases when used in marketing or advertising.
Unless a phrase is used to fool consumers, anyone is free to use it regardless of how unique it may be.
greggy

I've been there and "worrn the tshirt", it really isn't worth the risk.
Get rid of the "Just do it" and you will be ok.

They spend millions on advertising and on brand protection (lawyers).

micromaui said:

how is it that burger king, car commercials, even paper towel commercials can have competitors products on their ads- am I the only one that notices it? there is some way around it- I'll figure it out.

Click to expand...

Technically, any unauthorized reproduction of intellectual property is considered infringement. So the real question is, what legal recourse do IP owners.

IP owners can certainly protect against commercial use of their marks, within the relevant goods and services. But non-commercial use cannot be protected, although there are a few exceptions. As long as proper discretion is taken and marks are used fairly, infringement can be avoided.

In this case, the usage is probably ok. But the proper symbols (™, ®) should be included to identify the marks.

That said, Nike has so many attorneys on staff to protect their IP, they could easily issue a C&D as a scare tactic just because they know it will prevent further use.

micromaui said:

okay-
how is it that burger king, car commercials, even paper towel commercials can have competitors products on their ads-...

Click to expand...

“nominative fair use”, exists when a defendant uses the plaintiff’s mark to describe or identify the plaintiff’s own product. In short, if you’re using another company’s mark to identify that company’s product as opposed to your own, your use of that mark is a nominative fair use. This is the case even if your ultimate goal is to describe your own product. An example of a nominative fair use that is ultimately intended to describe your own mark is the use of another mark to encourage consumer comparison.

Are you sure it's not exactly what you are looking for ???????

DT

well I changed the ad to let the viewer know that nike and 'just do it' are trademarks of the nike corp. in a footnote. I dont need to bore everyone by reposting it, so thanks for the feed. I sometimes am suprised to see the depth of legal knowledge on this site- are some of you guys really attorneys just fantasizing that one day you could escape to the wacky world of screenprinting?

Re: posters for $1.58 that work

kimura-mma said:

I see what you're saying about it being more humorous than serious. I guess my marketing style is a bit different. I agree with you about the Maui Bred brand portraying urban attitude. Maybe that's why I missed the humorous marketing approach. I also think marketing is about establishing a perceived value on your brand. I'm not sure this ad helped in that regard. But as the OP mentioned in his last post, "underdog marketing" could be the plan. In which case, I think it was very good.

Click to expand...

That's a good point kimura, a clear delivery of a fuzzy concept isn't a bargain at any price. The Nike wear I've decorated all ran $35-$45 dollars a piece whole sale. More at home at the country club than the boys club.

It takes a subtle and enlightened wit to deliver multiple messages, on multiple levels at a glance.

I bet the folks you used to work for miss you.