Digging up this copyright topic again...

[Gilligan]

Larger banner/sign shops, like b2sign will print ANYTHING you send them.  They don't care.

I asked a rather open ended question about restrictions on printing with them on purpose the other day.  I don't need anything copyright printed, it was nudity but I did want to feel out what they would answer if they also assumed it might be copyrighted.

The response I got back was VERY simple:

We print files as they come in we have no restrictions on that.

So... I assume, they are assuming, that their waivers and fine print cover them.  Obviously that is a good THEORY and "good luck with that" when the lawsuit comes down.

My argument has always been that what if you just obviously didn't know?  What if someone comes to one of you old farts and wants you guys to print a Spongebob shirt that they designed.  You're old as dirt and completely out of touch with those sorts of things and just think it's a incredibly terrible design... but "F' it... if that's what you want!"

One can't be expected to know what every trademarked image is.  I don't watch ANY sports... if someone came to me with a design that had to do with Hawaii's Hokey team, I would have no clue (I honestly don't even know if they have one, I just assumed they didn't and used them as a dumb example... but they might!)

[ebscreen]

Hawaii's hockey team sucks.

We may have accidentally made bootleg merch for a Thai pop band once.
I couldn't even input the characters of the name into the google machine to see what
it was we were printing. Not to mention the language barrier with the client.

In that case I don't even feel bad. I could not have known or been expected to.
Still not even sure if it was.

If I know better, we don't.

[jsheridan]

One can't be expected to know what every trademarked image is. 

I agree with you, but Ignorance is not a defense

[Gilligan]

Ignorance is no excuse for the law... but I do believe ignorance would be valid here.  Again, you can't be expected to know every trademark.

Even the trademark office doesn't know every trademark.  This is why you are required to police your own trademarks (we have a federal trademark ourselves and we know).

[1964GN]

Trademarks for words or phrases have bitten me in the ass a couple of time. The last one was just yesterday. Now, this is for wholesale heat transfers for a another company I do work for but it relates. My heat transfer design is all type "Country Girl PMS. Pass My Shotgun" with varying fonts, colors and effects. We received a C&D yesterday because the phase "Country Girl" is trademarked.

The last one was "This Guy Needs A Beer" with cartoon thumbs up hands. The words "This Guy" is trademarked, if you can believe that.

The standard procedure for these kinds of violations is first a C&D, don't comply and you get sued.

I am far from a lawyer but I would think that intent would play a roll in all of this and in many cases, including mine, ignorance is valid. Comply with the C&D and your good... in most cases.

Printing a one off is not a huge deal IMO. Printing and reselling a known registered trademark for potentially large $$ is a whole different matter.

We sell to a lot of flea market guys... they could careless. I have one that wants the Browning deer head logo and another the Under Armour logo... ain't happen on my watch LOL

[bulldog]

Trademarks for words or phrases have bitten me in the ass a couple of time. The last one was just yesterday. Now, this is for wholesale heat transfers for a another company I do work for but it relates. My heat transfer design is all type "Country Girl PMS. Pass My Shotgun" with varying fonts, colors and effects. We received a C&D yesterday because the phase "Country Girl" is trademarked.

The last one was "This Guy Needs A Beer" with cartoon thumbs up hands. The words "This Guy" is trademarked, if you can believe that.

The standard procedure for these kinds of violations is first a C&D, don't comply and you get sued.

I am far from a lawyer but I would think that intent would play a roll in all of this and in many cases, including mine, ignorance is valid. Comply with the C&D and your good... in most cases.

Printing a one off is not a huge deal IMO. Printing and reselling a known registered trademark for potentially large $$ is a whole different matter.

We sell to a lot of flea market guys... they could careless. I have one that wants the Browning deer head logo and another the Under Armour logo... ain't happen on my watch LOL

I actually run into this from time to time also. That "This Guy" trademark is BS. It is very specific as to how the trademark is, some douche in St. Augustine. He just registered it and is sending off C&Ds to free up the market for himself even though I'm pretty sure it wouldn't hold up in court. But why fight it?

Just a dirty player if you ask me.

[broadway]

The thing with Trademarks is that you have to protect it. If you do not protect it will become diluted and lose it value.

[Gilligan]

Yeah those phrases are bs... No way for them to uphold them.  Maybe in a certain context or with a certain font or something... But it's too generic, I'm not even sure how they got the trademark for that approved!

[Gilligan]

Like Trump's "you're fired" or Paris Hilton's "That's hot".

Even those were specific enough vs "country girl" or "this guy". I remember "that's hot" being a controversy but it was in particular context and as stated, for resale.

Basically Subway or someone like that couldn't use it in an attempt to mimic her in a comercial... But I'm pretty sure they could say "wow, that's hot!" When talking about a toasted sub and not trying to ride the coat tails of Paris Hilton's "fame".

[Frog]

You youngsters didn't have to fight the battle of "Class of 2000"! (Though in fairness, the owner of that one claimed he'd give a license to any school needing it)

[Texas Slick]

What really sucks is Greek orgs. Got c&d. $20 per org. 8.5% gross sales royalty, $1million ins. there goes what little profit I make. Soooo no Greek stuff for me.
They must be on the big guys payroll to run little guys out of biz. THIS SUCKS

[StuJohnston]

Trademarks for words or phrases have bitten me in the ass a couple of time. The last one was just yesterday. Now, this is for wholesale heat transfers for a another company I do work for but it relates. My heat transfer design is all type "Country Girl PMS. Pass My Shotgun" with varying fonts, colors and effects. We received a C&D yesterday because the phase "Country Girl" is trademarked.

The last one was "This Guy Needs A Beer" with cartoon thumbs up hands. The words "This Guy" is trademarked, if you can believe that.

The standard procedure for these kinds of violations is first a C&D, don't comply and you get sued.

I am far from a lawyer but I would think that intent would play a roll in all of this and in many cases, including mine, ignorance is valid. Comply with the C&D and your good... in most cases.

Printing a one off is not a huge deal IMO. Printing and reselling a known registered trademark for potentially large $$ is a whole different matter.

We sell to a lot of flea market guys... they could careless. I have one that wants the Browning deer head logo and another the Under Armour logo... ain't happen on my watch LOL

I am really surprised that those phrases could be trademarked. I am pretty sure there is something in copyright law about  generic-ness or something like that can invalidate a trademark if challenged. Of course the trademark would have to be challenged and that would be quite a bother and also IANAL sooo…

After looking for this guy™, I found out that the hands are part of the trademark, so not as generic as it might seem. Though LML investments really covered their butts on the incredibly generic country girl.

Also in my search I found out about a dude who trademarked the symbol for pi with a period after it and is now trying to C&D all designs with the pi symbol in them, period or not due to "similarity". http://www.wired.com/2014/05/pi-takedown/ I read somewhere that he has trademarked i <3, but I can't find it on the trademark search.

[Frog]

Within the hour, I had someone describe this desired image for a family trip to the happiest place on earth.
I told him that in the past, they have refused entry for folks with shirts they didn't like. And this one was a pretty obvious rip. (of both the original, and the parody he found online)
Heck, when I was young they said my hair was too long for their standards! LOL!

[StuJohnston]

Someone was telling me that they saw all kinds of family reunion style shirts with disney characters on them at disneyland. Is there an official printer or something for this type of garment?

[bulldog]

Trademarks for words or phrases have bitten me in the ass a couple of time. The last one was just yesterday. Now, this is for wholesale heat transfers for a another company I do work for but it relates. My heat transfer design is all type "Country Girl PMS. Pass My Shotgun" with varying fonts, colors and effects. We received a C&D yesterday because the phase "Country Girl" is trademarked.

The last one was "This Guy Needs A Beer" with cartoon thumbs up hands. The words "This Guy" is trademarked, if you can believe that.

The standard procedure for these kinds of violations is first a C&D, don't comply and you get sued.

I am far from a lawyer but I would think that intent would play a roll in all of this and in many cases, including mine, ignorance is valid. Comply with the C&D and your good... in most cases.

Printing a one off is not a huge deal IMO. Printing and reselling a known registered trademark for potentially large $$ is a whole different matter.

We sell to a lot of flea market guys... they could careless. I have one that wants the Browning deer head logo and another the Under Armour logo... ain't happen on my watch LOL

I am really surprised that those phrases could be trademarked. I am pretty sure there is something in copyright law about  generic-ness or something like that can invalidate a trademark if challenged. Of course the trademark would have to be challenged and that would be quite a bother and also IANAL sooo…

After looking for this guy™, I found out that the hands are part of the trademark, so not as generic as it might seem. Though LML investments really covered their butts on the incredibly generic country girl.

Also in my search I found out about a dude who trademarked the symbol for pi with a period after it and is now trying to C&D all designs with the pi symbol in them, period or not due to "similarity". http://www.wired.com/2014/05/pi-takedown/ I read somewhere that he has trademarked i <3, but I can't find it on the trademark search.

Stu, the "this guy" is vague but same concept as the pi deal. The real problem is the scum bag lawyers that entertain this sort of thing. Lawyers have ruined this country.