[BikerBill]

I do a lot of biker type designs. I sold a lot of Daytona beach bike week 2014 designs no problem. The same guy I bought those designs from also just got in the Myrtle Beach bike week designs for this year. So I bought a bunch. I know Daytona Beach bike week is not copyrighted.

However after doing a bit of online searching I see that Myrtle beach bike week is copyrighted. Now, how can this guy make these designs to sell if that is so? Will I get in trouble selling them on shirts? This same guy told me they may not be able to make Sturgis bike week designs this year because it's copyrighted.

So he seems to know about the whole copyright thing. Even his designs have his own copyright logo on them. Did he make a deal with the Myrtle beach outfit and pay to be able to make them? Which I assume means it's ok for me to sell them on shirts? He sold thousands of designs for this year so I'm far from the only one. I know, I should ask him and I will. Just wanted to see if anyone else knows anything about this?

 

[kimura-mma]

It's actually not a copyright issue, but a trademark issue.

And yes, "Myrtle Beach Bike Week" is a registered trademark for use on clothing. So it would require a license to legally use the mark on apparel transfers.

If the guy has a license to use the mark, then what he's doing is fine. It would also be ok for you to purchase the transfers, apply them to apparel and sell the shirts.

If the guy does not have a license, then he's infringing on the trademark. You could also be liable if using and selling the transfers without a license. The goods could also be considered counterfeit, which would be a whole different issue above and beyond trademark infringement.

"Sturgis" is also a registered trademark. I would steer clear of using that mark without making sure you are using licensed transfers.

The copyright info being used on the designs means nothing. It just means the design is copyrighted; but has no relevance to the trademarks being used within the design.

 

[BikerBill]

And yes, "Myrtle Beach Bike Week" is a registered trademark for use on clothing. So it would require a license to legally use the mark on apparel transfers.

If the guy has a license to use the mark, then what he's doing is fine. It would also be ok for you to purchase the transfers, apply them to apparel and sell the shirts.

Thanks much for that info Tim. Sounds like I should be okay then. This guy knows all about that stuff and I'm sure he would not sell thousands of designs to people without everything in place. So I'm sure he got everything legal out of the way before making them.

Like I said, he even told me he would not be making the Sturgis designs because of the trademark issue. He was down to Myrtle Beach last week, no doubt talking to the folks about it. I will ask him to be sure, but it sounds like I'm in the clear and he got everything legal done before selling these designs. Thanks.

 

[BSAChris]

I have wondered a similar question too - if I'm going to a bike event, can I use the name of the event within my own design? Not the official logo just the words. For instance, if my club is having a big get-together at Sturgis, can we not have our own club shirt commemorating the event?

 

[kimura-mma]

if I'm going to a bike event, can I use the name of the event within my own design? Not the official logo just the words.

Doesn't matter if it's the logo or just the words, if the name of the event is trademarked, you shouldn't be using it in your design. Even if the name is not trademarked, they could still own common law rights to it. So it's best to steer clear.

Keep in mind, the event promoters probably sell shirts with their name on it, so it's a revenue stream for them. To allow the unauthorized use of the mark diminishes the value of the mark. So that's why they take it seriously and protect the mark.

For instance, if my club is having a big get-together at Sturgis, can we not have our own club shirt commemorating the event?

You can use your own club name in the design. But using the Sturgis name without permission is a bad idea. If the shirts are for your own use, and not for resale, then perhaps you may get away with it. But it wouldn't stop Sturgis from taking legal action if they choose.

 

[BikerBill]

Depends on what they did. For instance not only is the name "Sturgis" trademarked, but also Sturgis bike week, Sturgis bike rally and a few other phases.

 

[BSAChris]

Thanks guys - interesting territory! Fortunately in terms of t-shirt design, I never go to Sturgis, but its a good example to understand since it is arguably the most famous of all and apparently the most trademark-protected.

 

[BikerBill]

I actually emailed Sturgis about becoming a licensee. That way I could sell "official" Sturgis shirt designs. I assume they would charge me a buck per shirt or whatever. Have not heard back from them.

 

[kimura-mma]

I assume they would charge me a buck per shirt or whatever. Have not heard back from them.

Sturgis licensing is pretty big business. I would expect the yearly fees to be at least $10,000 plus royalties.

 

[BikerBill]

Sturgis licensing is pretty big business. I would expect the yearly fees to be at least $10,000 plus royalties.

Well screw that then.

 

[kraznuts]

I am licensed to print sturgis on a few products and I am wondering if this is something I should sell at my vendor booth on Main street and Junction. I can add products to my license but this will be my first time as a vendor and I do not want to bust. I have no experience selling t shirts at an event like this however my location couldn't be any better. I am a screen printer and maybe someone could give me advise or maybe someone wants to take part in making some money. I will have a 2 story booth and the only one on the street. I have about 18 x 18 unused space at this time. Is it best to use printed transfers and press as needed or is it best to print a few designs and hope to sell out? Any feedback would be appreciated! Maybe DTG? Anyone interested?

 

[BikerBill]

May I ask how someone goes about getting a license to sell Sturgis items since you did? I can't seem to get anyone to get back to me from them. I can't hear on the phone so I've been using email. Guess they never check it.

 

[Mtnview]

Even if the name is not trademarked, they could still own common law rights to it.

Interesting about common law. There is a business a couple hours north of me that claims common law and registered trademarks on a state road sign which they put on apparel, decals, mugs, etc. I believe the registered trademark is being reviewed for possible reversal. This business tried to sue someone else who was putting the sign on apparel and I think I heard the judge tell him he didn't have the right to trademark it either.