I look forward to this, I'm sure we'll all learn something.

 

I'd like to know if a designer creates a shirt and posts it on his site for sale and someone downloads it recreates it and sells it. Does the original designer have a legal leg to stand on if his design is not TM?. I know we all like to think we do but with out a TM how can a designer prove he is the ORIGINAL creator? Seem pain staking to TM every design but if you must you must.

 

awesome! look forward to hearing the interview!

 

Thanks for the heads up. Is a logo tee design that is in the process of being reviewed, and has recieved a registration number, but not yet finalized from the TM office, protected?
If so, can plantiff sue defendant to recoup legal expenses and damages when logo TM is upheld?
Thanks again and will be following this thread....

 

Hi Cartess.

Thanks for offering to post the interview. This topic comes up pretty often, so I'm sure it will provide some very useful info.

I think the most common trademark/copyright questions that get posted to the forums are about the usage of:
celebrities
pro athletes and pro sports logos
political figures
musicians and bands and their logos
fictional characters from comics, books, tv shows, movies, video games, etc.
tv show or movie logos, titles and quotes
song titles, albums and lyrics
commercial products and logos

Basically, anything that is considered intellectual property.

I know the easy answer to this is that it is illegal to reproduce IP without license or permission. However, a common counter argument is to point out all of the merchandise in the marketplace, especially on t-shirt fulfillment sites, that feature this IP. So I think it would be great to get a professional opinion from an attorney on the subject.

Thanks,
Tim

 

Thanks for all the responses so far and I'll be watching the board to copy the questions. I'll be sending him the questions today and tomorrow so he'll have time to sift through them all. I anticipate the interview going at least an hour long, so it'll be full of good stuff!

Cartess

 

i know it's been mulled over allot on the forums but it would be good to hear his thoughts on 'spoof designs'

 

I'm also interested in hearing his thoughts on parody designs of popular logos.

 

I would like to know how you can protect the things on your shirts legally. What process do I as a company owner need to go threw to make sure I dont see my designs on 3123123 tshirt sites on the web a week after I release a design. How can I PROTECT MY designs...

I look forward to this interview as well!

 

Pop culture mash ups are all the rage, sometimes containing half dozen or a dozen different references on one shirt. It is extremely common and I would like to know the surrounding legalities of selling images like that. I would be very surprised if the t-shirt printers had license from from all the IP owners (or any, in some cases).

One other question: I would like to know about the legalities and practicalities of defending against companies that claim intellectual property violations even though no trademarks or copyrights have been infringed. For example, using one liners from video games and movies; or spoofs of those one liners.

 

I've forwarded your questions over... are there anymore?

 

id actually like to know if it's illegal to remove the tags from your AA, Gilden, or any other companies you've ordered T-shirts from, and replace them with your own tag.

i'm just learning about t-shirts, so this may be a very stupid question, please ignore it if it is.

 

id actually like to know if it's illegal to remove the tags from your AA, Gilden, or any other companies you've ordered T-shirts from, and replace them with your own tag.

This really isn't a trademark or copyright question. It is legal to relabel wholesale blank t-shirts. Just make sure you follow relabeling laws. You can read up on them here: Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts

 

Don't k now if I'm too late, but:
If I use a slogan in use in ex; an electronics field, but use same slogan as a t-shirt branding with No graphic, font etc to link it to the electronic company... is this ok?
When I worked at a company, their slogan was "Expect the Best". Then I saw a hotel chain use it too and was told since it was completely different fields there was no confusion to the customer and it was ok...
thanks, N

 

I'd like to know... If I create a t-shirt design with a motorcycle, and the words harley davidson (not using their famous bar and shield trademark), if I'm violating their trademark(s)... if so, why? I guess the same would go for a picture of a bug, and volkswagen...
Thanks!

 

:welcome:We're glad to have you aboard!

To answer your question...yes it is infringement of IP, in this case the picture of a Harley (not the actual picture but the motorcycle itself) and the name Harley Davidson are both trademarks, both Harley Davidson and Volkswagen are very aggressive in pursuing people who try to capitalize on their names without paying them for licensing.....and both are very particular about their licensing as to what your going to do, basically both require you to submit the artwork for each design to be approved.

The gray area for me comes if I own a motorcycle and I want to put a picture of my bike on a shirt for me to wear, no sales involved, technically that's still infringement in the eyes of HD even if I don't use their name....just doesn't seem right does it? would I get in trouble, probably not, could I....sure.

Hope this helps.

 

The interview is scheduled to start at 3:00 p.m. eastern. My plan is to have it available tomorrow, that'll give me time to get everything edited and cleaned up.

If you all are interested in other types of interviews, feel free to post what you'd like to learn about and I'll get an expert to share the details via an interview!

Cartess

 

Update: The interview went great! Nearly 1 hour of solid stuff... One of my guys is editing the interview and said he should have it complete no later than 3 p.m. eastern today, at which time I"ll come back and post a link so you all can download the mp3 and listen to the entire interview -- no costs or fees, it's free!

Right before the interview, I discovered this guy use to review trademark applications as an Attorney for the U.S. Patent and Trademark Office. So you're getting feedback from a guy who use to be on the 'inside'.

Cartess

 

I"ll come back and post a link so you all can download the mp3 and listen to the entire interview -- no costs or fees, it's free!

Thanks, but why do you need my email if you're not going to send me anything nor sell it?

 

I guess I just miss this thread by a few hours.

What I would like to know, if anybody here have some ideas, is what is the best way for a starting company to protect its brand and design? Without registering a brand, trademark or design, will posting the brand or trademark in a forum like this, or uploading a design, serve any purpose to establish the ownership and to establish the date of use?

 

what is the best way for a starting company to protect its brand and design?

Trademark the brand name; copyright the designs; actively and aggressively pursue legal action against infringement in the form of cease and desist orders and/or lawsuits.

It is important to note that federally registering trademarks and copyrights do not prevent infringement. They provide proof of ownership, define legal rights and grant legal recourse. But to truly protect intellectual property takes a proactive legal approach from the IP owner.

Without registering a brand, trademark or design

There are laws to protect intellectual property. But IP owners need to do their part by federally registering what they intend to protect. Not doing so, and still expecting legal protection, is foolish.

will posting the brand or trademark in a forum like this, or uploading a design, serve any purpose to establish the ownership and to establish the date of use?

Maybe, maybe not. I guess it's worth a try. But I wouldn't be very confident that it will hold up in court if you need to prove ownership. Federal registration is the best proof. Anything else would be risky and up to a judge to decide.

 

Many many years back, I was told by a trademark officer, that actual use is the main criteria for trademark registration, and registration is best proof of ownership. I am not sure if our laws here in the Philippines have changed. However, then, they require proof of actual use of a trademark before you can register it. I do hope that I got it correct as that is how I understand it when I inquired about trademark registration a decade and a half ago.

 

Yep, you've got it correct here. The proof of use they require can be a photo of the actual product, a photo of a hangtag, a snapshot of a website, etc.

 

Finally got the interview online, you can go here and download it at your leisure:
http://tshirtriches.com/trademark-copyright/
If this violates the self promotional rules, please let me know the 'workaround' so you all can listen.

 

In this case the work around would be to just post the direct link to the file to be listened to instead of making people enter their email address to get the file.

Or you could just upload the file to the forum using the attachment feature.

 

Nice interview.

Tim, just for reference, is there some kind of prescription period (prior usage of trademarks) in the US before being eligible for registration.

 

has the interview been done. any links please

 

The link is two posts above yours

 

How many people have downloaded the mp3?

 

I've got it. I copied it to my phone, so I can listen to it more than once.

Tshirtriches isn't using any kind of scam to get you reeled in. He put together a Legit audio interview with some great info.

As a marketing businessman, how does he track who downloaded the Mp3 without collecting your e-mail?

C'mon people.

 

I never accused him of running a scam.

 

Rick,

I wasn't quoting you on that. He said trick or scheme in his reply. I was just referring to that.

I am just as aggravated as anyone about spam techniques. But this interview has some value. It is 40 mins long.

 

scam or no scam or what not, in the absence of any strong evidence or suspicion, I think any discussion on the subject is unwarranted.

The interview is indeed long. I can't seem to get a good audio on it. Probably my headphone.

 

It was the OP who introduced the scam idea. The over-reactions to my question are unnecessary. It was never made clear on the page with the download link that I was subscribing to something; in fact, it says "no strings attached". In light of that I just wanted to know why he wanted my email address.

BTW Ken, I appreciate you putting this together for us. I wasn't trying to make a big deal out of anything.