who's at fault

[Shawn (EIP)]

http://news.yahoo.com/video/jack-daniels-cease-desist-letter-070000806.html

The story says a pub was sued 200 grand for a design that looked liked the JD logo but they never mentioned the sign shop getting sued. So if you printed some shirts with a nike swoosh for a random clothing line for example, who gets sued the clothing line or the print shop?

[royster13]

Anyone they can name will be sued.......If there is a "hold harmless agreement" you can transfer for costs to your client if they have the resources to satisfy any judgment rendered....If they are broke and can not satisfy the judgement, you will be on the hook....

[Command-Z]

Anyone who made money on the deal along the way is liable... designers, printers, etc. It just depends on how diligent and/or aggressive the lawyers are.

There are often "hold harmless" agreements that are written into contracts or receipts, but the effectiveness of such agreements is arguable, since lawyers are ruthless and will seek to squeeze money out of any possible stone... Again, it depends on how good the lawyer is at his job and in the end it all hangs on the decision of a judge.

[ScreenFoo]

Interesting point--I would suppose anyone who willfully 'infringes' at any step of the process is on the hook.
Over the last ten years or so, I think I've seen more people with silly JD rip off shirts than any other logo 'parody'.

Way to express yourself--as a soulless zombie incapable of creative thought...   

[Screened Gear]

Does anyone know a screen printer that got sued for printing copyrighted stuff?

[Dottonedan]

Does anyone know a screen printer that got sued for printing copyrighted stuff?

Sheya. I know a few.  I know a few retail businesses an print shops. In fact, most large shops were sued at least once. Most all larger shops have received a cease and desist. They often either stop or have gotten better at getting around the laws.


The more work you do, the more chances you will run into this.

[tpitman]

I bought my heat press from a hick in Central Florida who warned me about copyrighted stuff. He sold stuff out of a flea market, and had printed up and sold a bunch of "Coca-Cola" merchandise back when the polar bear mascot was popular. He didn't get sued, but some heavies showed up at his booth, took all the shirts he had in stock, and demanded to know how many he'd printed. He told them about 300 (as I recall) and I guess he had to fork over some money, or just forfeited the shirts on hand, but he figured he got off easy, and didn't do any more.

[Dottonedan]

I bought my heat press from a hick in Central Florida who warned me about copyrighted stuff. He sold stuff out of a flea market, and had printed up and sold a bunch of "Coca-Cola" merchandise back when the polar bear mascot was popular. He didn't get sued, but some heavies showed up at his booth, took all the shirts he had in stock, and demanded to know how many he'd printed. He told them about 300 (as I recall) and I guess he had to fork over some money, or just forfeited the shirts on hand, but he figured he got off easy, and didn't do any more.

NOTE, while I live in central Fl,  I only resemble the HICK part.   

[tpitman]

Well, with forebears from Kentucky and upstate NY, I'm lousy with hickness. Hay-shakers and sod-busters all.

[ebscreen]

Speaking of copyright and Coca-Cola, saw this last night, thought it was pretty good.

Robot Chicken: Co-Opting Santa]
[url=http://www.youtube.com/watch?v=2Q8bPNkEAdQ#ws]Robot Chicken: Co-Opting Santa[/url]

[californiadreamin]

During the early 80's I was working for Precision selling "ovals", and I had a few customers
that were arrested for printing the "glove" of the late Michael Jackson. That was during
the "Flashdance" days.. Remember the torn shirt look?
winston

[Sbrem]

Does anyone know a screen printer that got sued for printing copyrighted stuff?

A Museum was having stuff done by a print shop, then had some problems with them and decided to look around and landed with one of my contract customers. They brought us the designs, which had no copyright info printed on them, so we thought it was OK to reproduce them. The original printer hired a lawyer and brought suit against the museum, which in turn included my contract customer, and us as well. As discussed before, the original creator only had to prove that they created and sold the designs at an earlier date, and that was enough to prove that they held the rights.
We had to produce a lot of documents on what we produced for our contract customer, which took us about 6 hours to copy and get to our lawyer. That satisfied the original printer and they sought no compensation from us, though I believe they certainly could have. So, yes, they can come after you. In the end, do you want to deal with that to make a few hundred bucks? We need proof now days to print something like that.

Steve

[Frog]

Does anyone know a screen printer that got sued for printing copyrighted stuff?

I knew a guy who I assume is still around that constantly chased the "sleazy" easy money with bootlegs as well as having two suspicious fires in two separate locations.
Shirts get confiscated, I have no idea what other ramifications ensued, as, he was probably always broke on paper, but every few years, I'd see him again in a new location. Last time, it was selling sports shirts out of a van at a closed-down gas station on a busy corner near his last shop.
If the printer is technically broke, there is very little point in suing. We know a press importer and auctioneer who rubs that in our faces constantly on other forums.

(near you eb, at Monument and Detroit)

[broadway]

I was sued for TM infringement in the late 80's in Federal Court in Boston. Also was sued for unfair trade practices and many other things at the same time. I won in Summary Judgement Hearing in 1990. I counter sued for everything i could and it was all thrown out. I still print/sell the 2 "parody" shirts to this day. One of the best things that has ever happened to me and my business.
Peter

[ebscreen]

There's a fella around the corner Andy, but you wouldn't know he was there unless you asked around.