n3wdesign

another copy write / trademark question..sry!

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So I've looked and looked but cannot seem to find a clear answer (maybe there is not one)

I want to start selling on ebay and I know there are millions of people on there selling things that are 100% copy writed and probably should not be on ebay... my question is...

Say you want to sell graphics for a truck or motorcycle.. lets say a ford f150. obviously the ford logo is copywrited..  what about the f150 name/logo? If it is, can you sell your own version of it? LIke if you design a decal with either your own font or whatever that says f150.. is this legal because you're not trying to copy an original logo and its your own, or are you not allowed to sell anything that says f150 regardless of what it looks like?

Same question could be asked for a motorcycle..say a Honda cbr1000.  I'm sure its not legal to copy the CBR1000 logo from Honda, but what if you design your own version of it with your own font and such, is it still illegal, or is it OK because you're not trying to sell a counterfeit version of something you're trying to reproduce and pass off as OEM?

I hope that makes sense.. I just want to make sure I dont waste any time by coming up with items to sell if they are not allowed and its confusing because so many other people do it, not sure where the line gets drawn?

 

Thank you!
 

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First off. If you already see it out there. it is copyrighted. It does not have to be registered, only created.  F-150 IS a trademark that belongs to Ford. .   CBR1000 IS a trademark.   What other meaning does it have?  Nothing.   What other meaning does F-150 have?   It is a Ford model.    FORD sued Ferrari over using F-150.   You cannot just change the font and say it belongs to you. 

You can check on each Company website and it tells you about trademarks.  Right from the FORD site.   Look under Terms and Conditions. 

Trademark Notice

The Ford name, and all trademarks and logos displayed on this Site are owned or used under license by Ford. These trademarks include, but are not limited to, product brand names (e.g., Ford, Lincoln, Motorcraft®), vehicle model names (e.g., Mustang, Taurus, Explorer, F-150, Focus), slogans (e.g.,Built Ford Tough), and logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

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when I started I got a beautiful C&D letter from chrysler for a side stripe with the word hemi and a tribal ram head they did not use - I pointed out that other manufacturers made a hemispherical engine - they didn't buy it - MIL was an atty for the state at the time and told me I MIGHT win in court but they would make sure it cost me more in legal fees than I ever made.  Then we had the person on here share their story of one small bumper sticker size decal that cost them $15,000 . . .

 

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So for all of you that have been around here for awhile...  how do you, what procedures do you take to make sure you avoid copyright / trademark issues?  I'm looking for more than just if you see it out there it's copyrighted and can't do it.  If that's the case it seems like you wouldn't be able to make anything.  I think the confusing part for some of us that are newer is what is the line and where does it get drawn. 

For example, I want to do custom T-shirts.  I'm pretty sure with a little digging I could find every word, phrase or saying under the sun on a T-shirt somewhere.  Where does that leave me?  It's crystal clear that I can't use the Ford emblem or Mickey Mouse but what about a shirt that says "Blessed & Highly Favored" or "Mom's Time to Wine"?

I'm certainly not trying to advocate for copyright/trademark infringement here but trying to understand this topic a little better and do things above the board.

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The line is pretty much. if you didn't create it. It doesn't belong to you. If it is already out there, it is copyrighted.   It belongs to someone else.  Ask permission from the owner.   You can do an online search in the trademark library and see what belongs to someone.  You can search online and see if it is out there.  Purchase a license from reliable vector stores.  There are many online.   You can use anything in the Public domain library. They are expired.   Google  Reverse image search is great for checking designs and who they belong to.  

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I think Wilson is thinking more about phrases rather than full up designs. For example, "Git er done", I believe is trademarked, so any use of it would be restricted, however something like "Gone Fishin'", which has been used in several designs and therefor might be considered copyrighted. However simple phrases and slogans can not be copyrighted so as long as the design is original and the phrase is not trademarked, you should be safe to proceed.

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Copyright

Go to the official website of the United States Copyright Office to use its online "Public Catalog Search" for works copyrighted after 1978. ...

Check the results for the phrase you want. ...

Search again using the "Keyword" search if the exact phrase you are looking for doesn't appear in the results.

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IMO if you take reasonable efforts to determine that it's not out there (Skeeters instructions would qualify I would think, I am not an attorney though) you would have done due diligence in attempting to stay on the high road. If you get a Cease and Desist letter you'll know you missed something. That's my $0.02. I agree with darcshadow that most basic phrases are safe but there are works of word art that people put a basic phrase into beautiful design that would be infringement if you copied the design layout or even if it was derivative it would be technically breaking the letter of the law. If you have some shirt sayings ideas that are unique or a layout and look that is your own those are the best. 

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Thanks for the replies!  I find this topic both interesting and terrifying.  LOL

  • Haha 1

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