[aquaman]

Hi, guys I want to use a title song of Duft punk
Harder, Better, Faster, Stronger in my design for a t shirt, de facto I want to use just this words


It will be ok or I can get some problems on my a... for it ?!
Many thanks

 

[Celtic]

I'd say you'd have to expect problems.

 

[kimura-mma]

Song titles are protected by copyright. So yeah, you would be committing intellectual property infringement and could get sued.

 

[freebird1963]

I'd think it be dependent on how you used it. If a pill company had a ad that said that and used some other song how would that be infringement. ?They are words.
Or how about Springsteens BORN IN THE USA.
I see shirts with that all over it. Or if I lived in Arizona and was latino and wanted to help the cops distinuish me from non born in the USA latinos and wore a shirt that said that how is that infringement. ???
Now if you had the punk band logo or the song has some relevance to the shirt yea I could see it bringing trouble.
Sometimes this crap is so stupid it ain't funny.

 

[kimura-mma]

I'd think it be dependent on how you used it.

Well, all infringement cases are dependent on how it's used. In this case, using copyrighted material on a t-shirt without authorization could be considered infringement.

If a pill company had a ad that said that and used some other song how would that be infringement. ?They are words.

Correct. Spoken words are generally not considered intellectual property infringement. Even if the words were printed in an ad, it would probably not be considered infringement. Usage for marketing or advertising purposes are governed by different laws than usage on a t-shirt for profit. But the copyright owner could have legal recourse if the words used were considered an unauthorized endorsement of the product.

Or how about Springsteens BORN IN THE USA. I see shirts with that all over it.

"Born In The USA" is a registered trademark. The owner could have legal recourse against any unauthorized use. As can Bruce Springsteen if he can prove their is a connection to him. His ownership is only a copyright protection based on the song title though.

Or if I lived in Arizona and was latino and wanted to help the cops distinuish me from non born in the USA latinos and wore a shirt that said that how is that infringement.

Wearing a shirt is not infringement. Producing and selling it would be infringement against the trademark owner.

Now if you had the punk band logo or the song has some relevance to the shirt yea I could see it bringing trouble.

Using the band's logo would be trademark infringement in addition to the copyright infringement of using the song title.

Just using the generic words without any additional connection to the band or song is probably considered low risk in terms of being sued. But there is always some level risk when using trademarked or copyrighted material. When in doubt, consult an attorney.

 

[freebird1963]

To tired to break down your message.

And like I said IF the words were used to relate to the band/song etc. then there could be trouble.
So not sure why the long post about it.

and for [email protected] and giggles.

On Thursday, May 20, 2010, a U.S. federal trademark registration was filed for BORN IN THE USA. This trademark is owned by Uneeda Doll Company, Ltd., 200 Fifth Avenue, New York, NY 10010. Trademarkia.com is a free search engine of publicly available government records. Trademarkia.com is not a law firm and does not represent owners & correspondents listed on this page.
The correspondent listed for BORN IN THE USA is SANFORD B. FRANK of LAW OFFICE OF SANFORD B. FRANK, 151 KETTLES LANE, MEDFORD, NY 11763 . The BORN IN THE USA trademark is filed in the category of Leather Products (not including clothing) , Furniture Products , Toys and Sporting Goods Products . The description provided to the USPTO for BORN IN THE USA is Baby carrying bags; Diaper bags.
The USPTO has given the BORN IN THE USA trademark serial number of 85043718. The current federal status of this trademark filing is NEW APPLICATION - RECORD INITIALIZED NOT ASSIGNED TO EXAMINER.
Trademarkia is the largest search engine for U.S. trademarks. Each month hundreds of trademarks around the world are filed by licensed attorneys in the Trademarkia network! You can register your trademark in 55 countries in the world through Trademarkia.

But available for clothing. Interesting.

And again like I said wearing or making a BORN IN THE USA shirt that does not relate to the song by the Boss or use cover art from the album should be fine H O W E V E R in this sue happy country of ours you never know.
And Its a shame too cuz you shouldn't have to consult a attorney for common sense issues.

 

[kimura-mma]

To tired to break down your message. And like I said IF the words were used to relate to the band/song etc. then there could be trouble.
So not sure why the long post about it.

Sorry, didn't mean to strike a nerve.

But available for clothing. Interesting.

The USPTO shows a live registration for use on clothing.

Word Mark BORN IN THE USA Goods and Services IC 025. US 022 039. G & S: Clothing, namely, T-shirts, polo shirts, sweatshirts, caps, hats, and jackets. FIRST USE: 20080314. FIRST USE IN COMMERCE: 20080314 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Trademark Search Facility Classification Code LETTER-3-OR-MORE USA Combination of three or more letters as part of the mark Serial Number 76651648 Filing Date December 8, 2005 Current Filing Basis 1A Original Filing Basis 1B Published for Opposition March 4, 2008 Registration Number 3686400 Registration Date September 22, 2009 Owner (REGISTRANT) HRP Creative Services Co., LLC LIMITED LIABILITY COMPANY FLORIDA 825 Veranda Place c/o Jon Binkowski Celebration FLORIDA 34747 Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE

And Its a shame too cuz you shouldn't have to consult a attorney for common sense issues.

Unfortunately, intellectual property issues is not always common sense to everyone.