Even this one got through. Unfair. haha
spreadshirt.com/black-linux-inside-t-shirts-C3376A5182088
spreadshirt.com/black-linux-inside-t-shirts-C3376A5182088
Jesus Inside and Enjoy California Designs are selling well, why can't I?
Hello Everyone!
I recently found these shirts:
christianshirts.net/buy113jesusclothing.php
And
spreadshirt.com/enjoy-california-C3376A2378801
I know very well that both of those designs are from Intel and Coke. They very well violate Cafepress' policies, I know, coz they took down mine. But why do these shirts (except mine!) are still on the market?
Is spreadshirt less strict than cafepress or zazzle?
Isn't Christianshirts.net violating the rules too?
I made a design that fools the eye to think that it's coke, but actually, it's a name of a city where I come from. Like for example "Enjoy Connecticut" something like that. Is there a way that I could somehow use designs like that? Thanks so much!
I recently found these shirts:
christianshirts.net/buy113jesusclothing.php
And
spreadshirt.com/enjoy-california-C3376A2378801
I know very well that both of those designs are from Intel and Coke. They very well violate Cafepress' policies, I know, coz they took down mine. But why do these shirts (except mine!) are still on the market?
Is spreadshirt less strict than cafepress or zazzle?
Isn't Christianshirts.net violating the rules too?
I made a design that fools the eye to think that it's coke, but actually, it's a name of a city where I come from. Like for example "Enjoy Connecticut" something like that. Is there a way that I could somehow use designs like that? Thanks so much!
1 - 17 of 17 Posts
There's plenty of this stuff out there. Some people get caught, some people don't. You are one of the ones that got caught. Those that don't get caught aren't doing anything special to make their shirts legal. It's all a risk. On the bright side, it's better to have your shirts removed from a fulfillment site than to actually get sued by Coca Cola.
Is the Swoosh and wording copyright protected? I can understand the Coke because the Font is copyright protected.
Many transfer companies sell Lord with the Ford oval. I seem them being sold from many of the Transfer companies.
Many transfer companies sell Lord with the Ford oval. I seem them being sold from many of the Transfer companies.
I would rather mine were taken down then be sued by coca cola or another big company.
Don't believe you would be sued. Think they would ask you to take it down first. If you didn't then they'd sue.
i know that harley davidson will ask you take it down and not sell anything with the bar and shield (even if you change the inside stuff). they will send you a registered letter from their legal dept. then they will make a call. they have a huge arm that only works on trademark stuff. almost every bar that caters to bikers has one with their name in it. don't ask how i know.
There is even a font that looks just like the Coca Cola font that you can download for free so I don't think the 'swoosh' is trademarked. Loki Cola Font | dafont.com
But like mentioned previously, I think it's a matter of getting caught or getting away with it. Some peeps are probably more diligent in pursuing trademark violators than others. I had a design in a catalog for a company that I used to work for that looked...sorta like a Tabasco hot sauce label and the company received a letter from their attorney asking us to take it down before further action was taken. Busted!
But like mentioned previously, I think it's a matter of getting caught or getting away with it. Some peeps are probably more diligent in pursuing trademark violators than others. I had a design in a catalog for a company that I used to work for that looked...sorta like a Tabasco hot sauce label and the company received a letter from their attorney asking us to take it down before further action was taken. Busted!
i'd report it just out of spite. heh, heh, heh.
If you can alter the fonts enough and really stay away from exactly copying the original logo you should be fine. After all, we're all standing on the shoulders of giants ;-)
I believe the rule is you must alter the logo by 20% in order for it to me considered original. The Intel swoosh (like the Nike check mark), are most certainly trademarked by themselves (less the company name) and would probably look stupid if altered 20%. That being said, by placing it on high profile websites for sale, it makes it very likely anyone would get caught verses someone who sells the design (on a shirt) say at a local swap meet.
This is a myth. There is no provision of copyright or trademark law that substantiates a certain percentage of change makes something an original work.I believe the rule is you must alter the logo by 20% in order for it to me considered original.
At best, one can claim parody or fair use. But this would take place in court and a judge would decide who wins.
I had a design on my website in which Jack Daniels contacted me requesting it to be taken down. Don't know the exact law on it so, rather then spend money I took it off.
that's a no brainer. but why create the shirt in the first place if you 'now' realize it was wrong to do?I had a design on my website in which Jack Daniels contacted me requesting it to be taken down. Don't know the exact law on it so, rather then spend money I took it off.
Enough would mean altering the fonts enough so as not to arouse the lawyers' curiosity. As I've said before, give them a chance to sue, and they'd sue so don't give them that satisfactionIf you can alter the fonts enough and really stay away from exactly copying the original logo you should be fine. After all, we're all standing on the shoulders of giants ;-)
.Modify half of mickey's head vertically, a 50% change, and you're still likely to get sued. Even if you modify the remaining eye, a 60% alteration?, you are not likely to be in any better luck.I believe the rule is you must alter the logo by 20% in order for it to me considered original. The Intel swoosh (like the Nike check mark), are most certainly trademarked by themselves (less the company name) and would probably look stupid if altered 20%. That being said, by placing it on high profile websites for sale, it makes it very likely anyone would get caught verses someone who sells the design (on a shirt) say at a local swap meet.
As mentioned, the "20% rule" does not exist. And neither does the 30% rule or 60% rule. There is no percentage of change that automatically makes it legal to infringe on an existing work.
That said, the concept of basing new artwork on existing artwork is called a derivative work. They are completely subjective, ultimately to be decided by attorneys and judges.
It is important to understand that this is a concept of copyright law, not trademark law. There is a HUGE difference between the two. You cannot make changes to a trademarked logo and expect to rely on copyright provisions to bail you out. It doesn't work that way.
Generally speaking, trademark ownership is much stricter than copyright. When attempting to use trademarked material in your designs, there will always be risk.
That said, the concept of basing new artwork on existing artwork is called a derivative work. They are completely subjective, ultimately to be decided by attorneys and judges.
It is important to understand that this is a concept of copyright law, not trademark law. There is a HUGE difference between the two. You cannot make changes to a trademarked logo and expect to rely on copyright provisions to bail you out. It doesn't work that way.
Generally speaking, trademark ownership is much stricter than copyright. When attempting to use trademarked material in your designs, there will always be risk.
I did not realize they have a team actively looking for that stuff. Also if they did, I figured it would be a cease and desist letter as it was. But lesson learned none the less.that's a no brainer. but why create the shirt in the first place if you 'now' realize it was wrong to do?
1 - 17 of 17 Posts
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