Author Topic: Copyright / Trademark Question  (Read 2704 times)

Offline printguy

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Copyright / Trademark Question
« on: January 14, 2014, 08:09:05 AM »
Have a potential order for tees protesting a large corporation's involvement in genetically altered corn. Tee will have the corporate name on it - am I putting us at risk by printing the name? Thanks in advance for the input.


Offline mimosatexas

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Re: Copyright / Trademark Question
« Reply #1 on: January 14, 2014, 09:16:14 AM »
You should be safe as long as it protected by fair use, which includes things like parody.  I would be more worried about getting a cease and desist for some kind of libel.

Offline mk162

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Re: Copyright / Trademark Question
« Reply #2 on: January 14, 2014, 09:34:05 AM »
just get paid in cash and play dumb...well, in our industry we really don't "play dumb" it happens naturally through a process of dealing with clothing lines and screen opener. ;)

Offline Dottonedan

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Re: Copyright / Trademark Question
« Reply #3 on: January 14, 2014, 09:41:57 AM »
On a more serious note, Based on exactly how you described what you wanted to do, I would not do that. HOw you described thus far, would be defamation of character.


You can do a Parody (but be very careful) in how you do it. It must be (funny) and obviously intended to illustrate a message... (but not to imply anything as fact or truth). That would be slander.  A Parody will not let you use their real Corp logo, but you would need to create one (almost like it).  Think of the story of North Face and South Butt. http://en.wikipedia.org/wiki/The_South_Butt


See the bottom examples in this paragraph.  Note that Larry Flint won in one area yet Jerry Fawell won in another area of the same case.


http://legal-dictionary.thefreedictionary.com/parody
Artist & high end separator, Owner of The Vinyl Hub, Owner of Dot-Tone-Designs, Past M&R Digital tech installer for I-Image machines. Over 35 yrs in the apparel industry. e-mail art@designsbydottone.com

Offline Grumpy Ole Artist

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Re: Copyright / Trademark Question
« Reply #4 on: January 14, 2014, 11:54:26 AM »
Generally speaking, if it's not a huge order I don't sweat it TOO much...On the other hand, (if it is who I think it is), they are right proper bastards, and have shut down farmers (that choose not to use their genetically engineered seeds) for dna testing positive for their product. Blown in from a neighbors field! You can't save back any of your harvested corn for planting the next year either. If you ordered from them the year prior, and don't THIS year, they're up your backside, finding out why not!
You might consider changing the last half of their name/logo to "satan" to put it safely into the "satire" category
Humor is the unexpected juxtaposition of incongruities.

Offline blue moon

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Re: Copyright / Trademark Question
« Reply #5 on: January 14, 2014, 12:12:46 PM »
few thoughts . . .

it certainly seems you could get in trouble even if you don't do anything wrong. You might get sued and spend a lot of money just so they can make a point!  The group looking to wear the garments is declaring a war on the company and as they say "a friend of my enemy is also my enemy!".

From a business perspective, I would not do it. As a person, if you'd like to support them, I'd find a way to help even if it means sending the business to Custom Ink!

pierre

Yes, we've won our share of awards, and yes, I've tested stuff and read the scientific papers, but ultimately take everything I say with more than just a grain of salt! So if you are looking for trouble, just do as I say or even better, do something I said years ago!

Offline sweetts

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Copyright / Trademark Question
« Reply #6 on: January 14, 2014, 01:39:02 PM »
Could he simply have the customer sign off on the design stating that they have the authority to use said logo and you are manufacturing the product to their specifications, should the product infringe on any existing trade marks or copy rights the customer  shall be solely liable for any and all civil or legal fees/ penalties should they arise?
Would that hold water?


Roger
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Offline Dottonedan

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Re: Copyright / Trademark Question
« Reply #7 on: January 14, 2014, 01:49:11 PM »
Could he simply have the customer sign off on the design stating that they have the authority to use said logo and you are manufacturing the product to their specifications, should the product infringe on any existing trade marks or copy rights the customer  shall be solely liable for any and all civil or legal fees/ penalties should they arise?
Would that hold water?


Roger
RT screen designs
Www.rtscreendesigns. Com





Not a chance.  You as a printer just never want to be connected to (the possibilities) as like Pierre added, they are going after you wether you're right or wrong just to put a stop to it until it's all hashed out. That means no money flow on that deal. In fact, it could all be confiscated and help over till the 2-6 year event is over.  Thats where they use (the process of law) to win no matter if they lose in court.  Under similar situations, you are responsible for half the liabilities in most cases I've read. And thats only when it's a clear cut and dry case.  In the more gray areas, (as many are), it's all up to the best lawyer and deepest pockets.


These are always cases where (if you do), and it goes south,  you shouldn't cry foul in my opinion as it's your decision to jump in waters with obvious sharks in them.





Artist & high end separator, Owner of The Vinyl Hub, Owner of Dot-Tone-Designs, Past M&R Digital tech installer for I-Image machines. Over 35 yrs in the apparel industry. e-mail art@designsbydottone.com