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Is this illegal?

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Old
10-18-2011, 05:38 PM
  #1
The Big Giant Head
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Is this illegal?

Im custom creating a shirt becasue im unhappy with the shirts that are already out there and im also unhappy of the price of those shirts.

So my questions is, can i use a team logo on a t shirt that im not reselling but just using for myself?

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10-18-2011, 05:43 PM
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Tom ServoMST3K
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Im pretty sure its not illegal, and even if it is i dont think anyone will stop you. If you sell thats a whole other bucket of fish

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10-18-2011, 05:52 PM
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MayDay
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I'm pretty sure that it's totally fine if you're only making them for your own personal use, and not selling them or distributing them.

I recall reading articles about people who make their own homemade jerseys and such, to avoid paying hundreds of dollars.

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10-18-2011, 06:21 PM
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Confucius
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Quote:
Originally Posted by The Big Giant Head View Post
Im custom creating a shirt becasue im unhappy with the shirts that are already out there and im also unhappy of the price of those shirts.

So my questions is, can i use a team logo on a t shirt that im not reselling but just using for myself?
I don't sing in the shower for that very reason, I don't want to pay royalties.

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10-18-2011, 06:24 PM
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RandR
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To be safe, you should also avoid putting a team logo into any kind of "questionable" context. Aside from obvious things such as beneath a racist or sexist saying, or a political party, or a marijuana leaf, even another organization's name/logo or a personal cause could be viewed as grounds for a complaint if a team thought that some people might wrongly think that they are somehow affiliated with or promoting something.

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10-18-2011, 06:35 PM
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The Big Giant Head
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Originally Posted by RandR View Post
To be safe, you should also avoid putting a team logo into any kind of "questionable" context. Aside from obvious things such as beneath a racist or sexist saying, or a political party, or a marijuana leaf, even another organization's name/logo or a personal cause could be viewed as grounds for a complaint if a team thought that some people might wrongly think that they are somehow affiliated with or promoting something.
of course, thanks for the responses. i didnt think it was but i'd rather be safe than sorry. Im designing an Hartford Whalers shirt and i didnt like the prices and a lot of the shirts out there so im going to see if i can do better myself. i did a shirt for my classic car club so im pretty familiar with the company im going through and their shirts always come out great.

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10-18-2011, 06:39 PM
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Confucius
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Originally Posted by The Big Giant Head View Post
of course, thanks for the responses. i didnt think it was but i'd rather be safe than sorry. Im designing an Hartford Whalers shirt and i didnt like the prices and a lot of the shirts out there so im going to see if i can do better myself. i did a shirt for my classic car club so im pretty familiar with the company im going through and their shirts always come out great.
Well Whaling is illegal.

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10-18-2011, 09:07 PM
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sh724
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Some guy created his own Blues shirt a few years ago wore it to a game some body saw it and they started selling the shirt

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10-18-2011, 09:21 PM
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Originally Posted by Hockeyhopeful View Post
I don't sing in the shower for that very reason, I don't want to pay royalties.
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Originally Posted by Hockeyhopeful View Post
Well Whaling is illegal.



You're on a roll tonight.

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Old
10-19-2011, 11:53 AM
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Butch 19
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Originally Posted by Tom ServoMST3K View Post
Im pretty sure its not illegal, and even if it is i dont think anyone will stop you. If you sell thats a whole other bucket of fish
agree with this. If it's for your own use, my "Law & Order-trained" opinion is that it's ok. Obviously, you're not mass-producing them for profit, which is pretty much all the trademark owner's would care about.

One of my friends has created his own sports shirts (mostly F1), and other fans have asked him where he got them. Maybe he should start up his own shirt/graphics business.

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10-21-2011, 02:26 AM
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Hockey Team
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If you're making them for yourself or your friends nothings gonna happen. First off the team has bigger fish to fry, plus it probably wouldn't look good for a team to prosecute a FAN doing something to show their support of the team.

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10-21-2011, 11:48 AM
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MayDay
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If you're making them for yourself or your friends nothings gonna happen. First off the team has bigger fish to fry, plus it probably wouldn't look good for a team to prosecute a FAN doing something to show their support of the team.
Plus, they probably couldn't prosecute you anyway, and a lawsuit would not be successful.

What would the charge be? You can't commit trademark infringement if you are not engaging in trade.

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Old
10-21-2011, 12:02 PM
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kdb209
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Quote:
Originally Posted by MayDay View Post
Plus, they probably couldn't prosecute you anyway, and a lawsuit would not be successful.

What would the charge be? You can't commit trademark infringement if you are not engaging in trade.
Non-commercial use of a mark is generally not infringement.

http://www.chillingeffects.org/trademark/faq.cgi#QID653

Quote:
Question: What is non-commercial use of a trademark? Is non-commercial use infringment of a trademark?

Answer: Non-commercial use of a trademark is generally that use which is not related to the sale of goods or services. If no funds are solicited or earned by using someone else's mark, this use is not normally infringement.

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Old
10-21-2011, 02:01 PM
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Brodie
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my avatar isn't fair use, I expect a letter from Sergio Leone's people in the morning

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