Trademark and Copyright Issues.
- Thread starter K
- Start date
Hi K,
I started my campaign recenty. Got a sale , got good CTR, then I was shut down due to trademark infringement. I would like to know for this kind of issues, is it the design problem or the description I wrote for the campaign?
For example, I aim for celebrities - Justin Bieber, the-shirt design doesn't have any name of Justin Biebier, but I wrote Justin Bieber in the description for the teespring campaign. Does this has anything to do with trademark infringement?
Secondly, on the fb ads, can I use celebrities name - Justin Bieber on the ads or I just use Bieber?
Sorry for Justin Bieber
Haha.
Hope for your advise, K. Thank you
I started my campaign recenty. Got a sale , got good CTR, then I was shut down due to trademark infringement. I would like to know for this kind of issues, is it the design problem or the description I wrote for the campaign?
For example, I aim for celebrities - Justin Bieber, the-shirt design doesn't have any name of Justin Biebier, but I wrote Justin Bieber in the description for the teespring campaign. Does this has anything to do with trademark infringement?
Secondly, on the fb ads, can I use celebrities name - Justin Bieber on the ads or I just use Bieber?
Sorry for Justin Bieber
Haha. Hope for your advise, K. Thank you
Hi K,
I started my campaign recenty. Got a sale , got good CTR, then I was shut down due to trademark infringement. I would like to know for this kind of issues, is it the design problem or the description I wrote for the campaign?
For example, I aim for celebrities - Justin Bieber, the-shirt design doesn't have any name of Justin Biebier, but I wrote Justin Bieber in the description for the teespring campaign. Does this has anything to do with trademark infringement?
Secondly, on the fb ads, can I use celebrities name - Justin Bieber on the ads or I just use Bieber?
Sorry for Justin Bieber
Hope for your advise, K. Thank you
TBH I wouldn't want to give legal advice. I'd just suggest being careful.
K
kapees
Guest
What about Films logos, can I use them on t-shirts?
I think using Beiber's name in the description could be construed as some sort of endorsement or affiliation with the product, even though you didn't write it that way. A lot of celebs are very touchy about how their name is used, I guess.
@kapees, if I were you, I would not even think of using a film logo, without either: a) permission from the trademark holder OR b) paying for a license that enables you to use the logo, probably having to also pay a royalty on top of the licensing fee
Nope, I'm not a lawyer, just an avid reader with a background in custom logo promotion. If you are determined to use brands in your marketing, I strongly suggest that you consult a real lawyer.
I do know for a fact that, in Canada at least, you cannot use someone else's logo, slogan or tagline unless you receive written permission and where necessary, pay royalty and licensing fees. Even then, companies are extremely fussy on reproductions and copies, which must typically follow an exact formatting, size and colour.
Honestly, it's just not worth the risk of doing it illegally. Plus, it can be expensive, though I honestly don't know how much. It used to be around 10-15% but I'm not up on it.
There is something called Fair Use, which I believe allows you to use a limited amount of info for the purposes of a review, that type of thing but I don't think tees fall under this.
Edit: This may be helpful
http://www.uspto.gov/trademarks/index.jsp
@kapees, if I were you, I would not even think of using a film logo, without either: a) permission from the trademark holder OR b) paying for a license that enables you to use the logo, probably having to also pay a royalty on top of the licensing fee
Nope, I'm not a lawyer, just an avid reader with a background in custom logo promotion. If you are determined to use brands in your marketing, I strongly suggest that you consult a real lawyer.
I do know for a fact that, in Canada at least, you cannot use someone else's logo, slogan or tagline unless you receive written permission and where necessary, pay royalty and licensing fees. Even then, companies are extremely fussy on reproductions and copies, which must typically follow an exact formatting, size and colour.
Honestly, it's just not worth the risk of doing it illegally. Plus, it can be expensive, though I honestly don't know how much. It used to be around 10-15% but I'm not up on it.
There is something called Fair Use, which I believe allows you to use a limited amount of info for the purposes of a review, that type of thing but I don't think tees fall under this.
Edit: This may be helpful
http://www.uspto.gov/trademarks/index.jsp
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I I have a nice logo and used a picture (cropped it too) and placed it in to form my logo.
The license is as follows:
"Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. "
1. How can i attribute this on my logo if I use this same logo on Social Media networks?
2. If I don't use this image as an official logo (and only on my website), how can I attribute this without placing the attribution directly on my logo?
Thanks.
The license is as follows:
"Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. "
1. How can i attribute this on my logo if I use this same logo on Social Media networks?
2. If I don't use this image as an official logo (and only on my website), how can I attribute this without placing the attribution directly on my logo?
Thanks.
jerryling,
You can't use someone's image OR likeness on sites like these without written consent, and you certainly can't use their name anywhere in your copy. Copyright is a sticky issue, and sites like these have always had issues with it. Basically, if you think you're violating someone's copyright, you probably are.
Most of the time you can get away with it somewhat unless someone complains to the site directly. Is it worth the risk? Up to you.
Commercial tee shirt designs don't qualify for fair use as they exist primarily to earn a profit for someone who does not own the copyright.
You can't use someone's image OR likeness on sites like these without written consent, and you certainly can't use their name anywhere in your copy. Copyright is a sticky issue, and sites like these have always had issues with it. Basically, if you think you're violating someone's copyright, you probably are.
Most of the time you can get away with it somewhat unless someone complains to the site directly. Is it worth the risk? Up to you.
Commercial tee shirt designs don't qualify for fair use as they exist primarily to earn a profit for someone who does not own the copyright.
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