[leapoffaith]

I see a lot of Team Edward shirts for sale on the internet. I know that this does not mean that it's legal to do so......but I just had someone contact me to see if I could make them a Team Edward shirt. Do you think Team Edward or Team Jacob is copyrighted or would these be okay to sell? What about the word "eclipse"?

Thanks!

 

[kimura-mma]

"Team Edward" and "Team Jacob" have been submitted to the USPTO for federal trademark registrations. So any unauthorized usage would be intellectual property infringement. If you design, produce and sell a shirt with this on it, you would be at risk to be sued.

Some of what you are seeing on the internet is licensed and therefore legal. Some is not licensed and is illegal. I read here on the forums that CafePress signed a deal with Twilight allowing the design and sale of fan merchandise. The article that was linked seemed legit, but I didn't do any additional research myself.

Usage of "Eclipse" would probably get you sued too.

 

[kabluey]

Can you tm just the words (not taking into account stylization)? I mean I know you can. I can imagine obviously using images would be a problem. The words just seem to be pretty generic. But what do I know?

I can imagine that eclipse would be generic too, w/ respect to just that word. Unless it's stylized.

But the question of "odds of confusion" is often a good rule of thumb. The word eclipse -- in and of itself -- to me is too vague, but I'm not a PTO reviewer.

 

[kimura-mma]

Can you tm just the words (not taking into account stylization)?

Yes, this type of registration is known as a "standard character mark" and is very common, especially for clothing brands and marks used on clothing.

The words just seem to be pretty generic. But what do I know?

Some words or phrases are considered generic enough where they are unable to be registered.

But when a word or phrase becomes part of a brand or pop culture phenomenon, then it ceases to be generic and potentially becomes the intellectual property of the rightful owner.

I can imagine that eclipse would be generic too, w/ respect to just that word. Unless it's stylized.

As mentioned, marks can be registered as standard characters. And it seems that many of Summit Entertainment's Twilight-related submissions are "standard character marks" and a few are stylized designs.

Either way, it's obvious that they are looking to protect as much of their material as they can.

But the question of "odds of confusion" is often a good rule of thumb. The word eclipse -- in and of itself -- to me is too vague, but I'm not a PTO reviewer.

The best rule of thumb is "if you didn't create it, someone else did." So when attempting to put a title, phrase or character on a shirt and you know you didn't create the title, phrase or character, then you should know there is some element of risk.

I understand what you're saying about the word itself being too vague. But obviously, it ceases being vague when it's the title of a huge movie. That doesn't automatically make it infringement to use, but ignoring the risks would be foolish.

 

[toastnyc]

"if you didn't create it, someone else did."

Well said. My two cents...you want to make team edward/jacob shirts...why?...cause you know people will buy them based on eclipse. You'd have a hard time arguing you were just using generic words simply because two generic words like "team iffy" don't make you think of eclipse. Team edward/jacob immediately do.

If you know something is going to refer to a trademark or intellectual property...the person who owns said tm will know what you're referring to as well.

 

[MotoskinGraphix]

Is that a fan based slogan or was it part of the films marketing?

 

[kabluey]

Yes, this type of registration is known as a "standard character mark" and is very common, especially for clothing brands and marks used on clothing.


Some words or phrases are considered generic enough where they are unable to be registered.

But when a word or phrase becomes part of a brand or pop culture phenomenon, then it ceases to be generic and potentially becomes the intellectual property of the rightful owner.


As mentioned, marks can be registered as standard characters. And it seems that many of Summit Entertainment's Twilight-related submissions are "standard character marks" and a few are stylized designs.

Either way, it's obvious that they are looking to protect as much of their material as they can.


The best rule of thumb is "if you didn't create it, someone else did." So when attempting to put a title, phrase or character on a shirt and you know you didn't create the title, phrase or character, then you should know there is some element of risk.

I understand what you're saying about the word itself being too vague. But obviously, it ceases being vague when it's the title of a huge movie. That doesn't automatically make it infringement to use, but ignoring the risks would be foolish.

No doubt it's risky and it's only reasonable to research and protect yourself; I was just thinking aloud...

 

[kimura-mma]

Is that a fan based slogan or was it part of the films marketing?

I don't know for sure, but I think it started on fan sites.