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Believe me Paul McCartney don`t come after you for a couple of t-shirt you wrote "Love me do" on it.
If you make millions using it you can draw their attentions :)
Yeah, but that is for each person to decide for themselves. It still is copyright infringment, so doing so does expose one to risks.

My only post here was in response to the comment in the original post by the OP where said she doesn't use copyright stuff, and those lyrics are copyrighted. It was possible she didn't realize it, so I was trying to be helpful to let her know. What she does from there is her own business, haha. No pun intended. :D :)
 

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Nike's trademark is the swish. Words can be trademarked if they are shown to be known to the public to stand for the brand. Examples are: Nike = Just do it; KFC= Finger lickin' good. For Absolut Vodka, the word and font of Absolut are trademarked.

What you are suggesting to Barbara is that "Miley" is trademarked, but burying "Miley" in a sentence where it is not dominant, it may be allowable and possibly trademarked by Barbara.

That would be the same as saying "Nike" is trademarked, but by burying "Nike" in a sentence where it is not dominant, it may be allowable and possibly trademarked.

Do you understand how that cannot be?
Trademarks can consist of several elements, including text and a graphic (as you referred to with the Absolut expample). Typically the Graphic element of the Trademark is also Copywritten. The swoosh is Nikes logo and when it appears alone it is copywritten, but when it appears with the text "Just do it" it will have an ® symbol, which means all rights reserved or Nationally Trademarked and copywritten..

The issue here is really if Miley's lawyers could sufficiently proove that Spreadshirtgirl is using the phrase in context of Miley's lyrics in order to actually have Miley awarded any sort damages awarded. Either way they could still issue a cease and desist letter stating that they have a copyright witnessing their right to use the phrase in commerce before spreadshirt girl. She would have to stop.

By her posting here that would be evidence against her stating that she is indeed using Miley's reputation and lyrics to profit. Though the next issue would be since it is online, proving that whoever spreadshirt girl is said to be in real life, actually made those posts. Yadda yadda.

Though take note in order to have a trademark issued you need to "purchase" the trademark within your specified "Class of goods or services" which a list of such can be found here: Trademark Acceptable Identification of Goods & Services

Lets just say for example my company sells Apples (the fruit) and the trademark is "Red and Wild" and there is some...oh..I don't know, some Hair Dye Company that makes only red dye that has the Trademark "Red and Wild" too. It would be legal because the identification of goods and services would be different for each company and they are unlikely to be confused because well...one is for your head and one is for eating. Numnum apples.

Am I makin' sense?

I just realized how old the last post girlzndolls made was. But I just typed all that so I'm gonna post it anyway!
 

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Thanks, Wayward, I appreciate it, no matter how old the older post is. I'm pretty good on having a grasp of basic copyright/trademark dealings, but always enjoy reading a well written post on the subject matter. I always enjoyed Greg's/Comin'outswingin's posts on it, too.

In this particular thread, the OP/spreadshirt gal, said she doesn't use anything copyrighted, right after she said she puts a line from one of Miley Cyrus' song on a shirt and sells it. No bout a doubt it, that's copyrighted. I was just mentioning that to her, as she seemed unaware that you can't take a line from a song, and put it on a shirt, and legally profit from that. ;) Have a great night, and thanks again for all the typing. :)
 

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Haha you were completely right to do so! :3 I am thinking of becoming a Patent Lawyer..well toying with the idea. I do a lot of research on intellectual property and I immediately went into "must rant" mode XD
 
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I don't believe it one bit. First off, the original poster has 1 post, just recently joined the forums, and the screenname is spreadshirt gal. It's definitely an ad for Spreadshirt, I think it's spam and not legit. Besides the style of writing sounds an awful lot like some of the bots you see in chat rooms or the "hey I just got a 500 dollar Macy's giftcard" comments on Myspace
Sorry to say but that was exactly the first thought that ran through my mind when I read that post.:D
 

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to OP if you don't post a website, how do you sell it... whose to say the person who goes there won't steal your style???
 

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But what if the line that Miley uses in her song was used in another song by someone else before her? Or it was used in a poem before she used it in her song? etc, etc. Most new creations are inspired by others previous work. When I create something new I always do my research, the more similar inspiration I find out there, they better it is for future possible legal reference....I don't think Miley wants to be accused of plagiarism ;)
 

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But what if the line that Miley uses in her song was used in another song by someone else before her? Or it was used in a poem before she used it in her song? I don't think Miley wants to be accused of plagiarism ;)
Miley Cyrus is Disney's girl (Hannah Montana/Miley Cyrus). You know what they say about the "deepest pockets"?

But honestly, without a basis for that statement regarding Miley and her plagerising... it really doesn't make any sense to go there. In this thread, the OP stated they are using Miley's very popular song to sell shirts. The OP stated that Miley is the owner of the line they are profiting from. Where does questioning Miley come into this situation? I don't see it.
 

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The words are copyrighted.

Here is information from the trademark website:

What is a trademark or service mark?
  • A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
  • A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.
Do Trademarks, Copyrights and Patents protect the same things?

No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention.

*Here is a link to the trademark website for anyone who wants to read more on trademarks. The link is in the lower left corner of the forum.

Basic Facts, Trademarks


Nike's trademark is the swish. Words can be trademarked if they are shown to be known to the public to stand for the brand. Examples are: Nike = Just do it; KFC= Finger lickin' good. For Absolut Vodka, the word and font of Absolut are trademarked.

What you are suggesting to Barbara is that "Miley" is trademarked, but burying "Miley" in a sentence where it is not dominant, it may be allowable and possibly trademarked by Barbara.

That would be the same as saying "Nike" is trademarked, but by burying "Nike" in a sentence where it is not dominant, it may be allowable and possibly trademarked.

Do you understand how that cannot be?
Nike http://en.wikipedia.org/wiki/Nike_(mythology)...I don't know, just a thought on how it "could be". But their (Nike's) pockets could run a small business under in legal fees, so it is probably best to avoid.
 

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Well my son has an account with spreadshirt for 2 months had 562 hits & NO sales!!! so I KNOW THAT POSTING IS A SCAM!!! Secondly, you try to call their customer service with any concerns THEY KNOW NOTHING unless your a premium customer (which cost money) and their is NO guarantee you will still obtain a sale. I even made a purchase on the site it showed NO sales on my son account....hmmm
 

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Well my son has an account with spreadshirt for 2 months had 562 hits & NO sales!!! so I KNOW THAT POSTING IS A SCAM!
That doesn't really add up. Just because your son had a spreadshirt shop open for 2 months and 562 hits doesn't mean he should have made any sales.

There's a lot more to getting sales than having a shop open for 2 months and having a few hundred "hits"

and their is NO guarantee you will still obtain a sale
Where is there ever a guarantee in business that you'll get a sale? It takes a lot of work to run a successful business.

Even online when another company is doing a lot of the work for you (store setup, printing, shipping, ecommerce) there's still a lot of work that you would need to do to get sales and customers.
 
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