ksn4p 1 Posted February 5, 2016 I designed a shirt with the phrase "Life Behind Bars", it also says " Sentenced to" above it in the design. I've shown alot of people and they all ask me where they can buy one. Since I am in Canada I checked the Canadian Intellectual Property website for "life behind bars" and there are 2 trademarks. Does this mean I can't use the phrase? Share this post Link to post Share on other sites
busterbay 326 Posted February 5, 2016 I'm not expert but it really depends upon what the trademark / copyright is for. To be honest this is like a dog chasing it's tail. You can search and search determine an item is "clean" to sell..... a few years down the road someone copyrights it and then you can no longer sell it ( without a fight that is )... Best advice is to research the copyright and see what it covers. Share this post Link to post Share on other sites
ksn4p 1 Posted February 5, 2016 It's just frustrating, I understand a logo or name but where does it stop. Could I trademark coffee then no one can put coffee on anything? 1 Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted February 5, 2016 It kind of depends on what category it falls in...This Tshirt has to do with motorcycles....It is already done. http://bestshirts.fusbox.com/sentenced-to-life-behind-bars-t-shirt-hoodie-sweatshirt/ Share this post Link to post Share on other sites
Wildgoose 4,200 Posted February 5, 2016 I also think there are a lot of implications as to just how the trademark is marketed for instance, with the coffee scenario. If you came up with some unique look and did in fact trademark it I think it may matter if you then just sit on it and try to sell the thing to someone vs dumping 100 million into full on advertising selling coffee or whatever. That expense and effort would imbue the trademark with value. Harley D is a great example of this or possible even more similar would be Jeep. The term Jeeping is technically trademarked because Jeep has been involved from day 1 and for a while they were really cracking down on the use of the term. I haven't seen as much about it lately, I tend to think it was casting them in a negative light to be whining about it and maybe they pulled in their horns a bit. Of course you are in Canada so your country's laws may differ than here in the states and I imagine there are also a plethora of overlapping world wide laws out there too so unless you are in China, Mexico or N Korea you probably have to be careful. Ha ha! Share this post Link to post Share on other sites
ksn4p 1 Posted February 5, 2016 I made the design on inkscape and it has nothing to do with motorcycle/bikes/ anything with wheels. I didn't copy any designs it was pretty much straight from my imagination lol. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted February 5, 2016 I had a so called company send me a warning on that I was in violation of their trademarked phrase... What I had up, was not their logo phrase at all. Similar. but not. I told them you do not own this, and asked for their registration number, They tried to claim they own anything "similar". SO I looked it up. And I fired right back at them,, Their trademark was dated 2013,, And I showed them a screenshot of my ad, which from my side..Which clearly showed it was posted to Ebay 2012. And then I showed them the PDF of the disc this design phrase came from, with a copyright date of 2006.. LOL Never got a response back on that!!!! Imagine that... Share this post Link to post Share on other sites
ksn4p 1 Posted February 5, 2016 I don't actually have a business going yet, I have been thinking about starting a small one while I am in school. I just want to do it properly, and not use any trademarks. I wonder if because it says "sentenced to life behind bars" rather than "life behind bars" if it makes a difference. I just want to make some shirts and not end up in court lol. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted February 5, 2016 I still have it They sent this 2/01/2015.. You are here by notified of a Cease & Assist order that will be filed against you, if you do not to remove this item from your E-Bay store because of a Registered Trademark violation and are hereby instructed to stop producing and destroy all remaining decals and sales of this item or face possible finds for similarity violations of a Registered Trademark of the USA. If you have any questions about this notice, Contact: DQ Sales, LLC @ 850-458-5709 (QUIT YOUR BITCHIN, I'M GOING FISHIN DECAL) - qd-157 My Trademark Reg. No. 4,339,719 which also states that the slogan you are selling is in similarity to the same context of mine which is a violation also. I will contact (the seller of art work) also and inform them also. Just trying to give you the heads up before other action is taken. Thank You for your reply and have a nice day. ME: Yes the phrase NO BITCHIN' JUST FISHIN was registerd on 5/21/2013... BUT my phrase and ad has been up on EBAY LONG before it was a registered phrase....JUST a heads up...Ad was posted and has remained up on EBAY since...MARCH 27, 2012....Long before your name NO BITCHIN' JUST FISHIN was registered . Screenshot of ad enclosed. As well as (the seller of art work) sold this artwork before your name NO BITCHIN' JUST FISHIN" was ever registered...Have a great day... This was the company that sent the warning, They acted like they owned everything that had to do with fishin and bitchin LOL http://www.nobitchinjustfishin.com/ 1 Share this post Link to post Share on other sites
GraphxNMore 282 Posted February 5, 2016 I still have it They sent this 2/01/2015.. You are here by notified of a Cease & Assist order that will be filed against you, if you do not to remove this item from your E-Bay store because of a Registered Trademark violation and are hereby instructed to stop producing and destroy all remaining decals and sales of this item or face possible finds for similarity violations of a Registered Trademark of the USA. If you have any questions about this notice, Contact: DQ Sales, LLC @ 850-458-5709 (QUIT YOUR BITCHIN, I'M GOING FISHIN DECAL) - qd-157 My Trademark Reg. No. 4,339,719 which also states that the slogan you are selling is in similarity to the same context of mine which is a violation also. I will contact (the seller of art work) also and inform them also. Just trying to give you the heads up before other action is taken. Thank You for your reply and have a nice day. ME: Yes the phrase NO BITCHIN' JUST FISHIN was registerd on 5/21/2013... BUT my phrase and ad has been up on EBAY LONG before it was a registered phrase....JUST a heads up...Ad was posted and has remained up on EBAY since...MARCH 27, 2012....Long before your name NO BITCHIN' JUST FISHIN was registered . Screenshot of ad enclosed. As well as (the seller of art work) sold this artwork before your name NO BITCHIN' JUST FISHIN" was ever registered...Have a great day... This was the company that sent the warning, They acted like they owned everything that had to do with fishin and bitchin LOL http://www.nobitchinjustfishin.com/ "cease and ASSIST"?? LMMFAO I would've told them to eff off right then & there. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted February 5, 2016 "cease and ASSIST"?? LMMFAO I would've told them to eff off right then & there. I know they can't spell and don't know the terms... I see I misspelled a word or 2 myself. Share this post Link to post Share on other sites
djque 246 Posted February 5, 2016 I designed a shirt with the phrase "Life Behind Bars", it also says " Sentenced to" above it in the design. I've shown alot of people and they all ask me where they can buy one. Since I am in Canada I checked the Canadian Intellectual Property website for "life behind bars" and there are 2 trademarks. Does this mean I can't use the phrase?I made a few tshirts with that slogan 2yrs ago.for dirtbike friend Share this post Link to post Share on other sites
slice&dice 2,450 Posted February 5, 2016 I am always reminded of a guy named Uzi Nissan, who owned a computer company. Wanna read the details? Nissan.com Share this post Link to post Share on other sites
Wildgoose 4,200 Posted February 5, 2016 Ksn4p - There is also a big difference behind trademark and copyright. There is a plethora of info out there to research. Some of the terms with copyright include works that are a derivative or "inspired by" someone else idea, etc... Bottom line is (at least in the USA) if you have an original idea and design it then it's automatically copyrighted to you. You might want to record somehow the date you did the work etc... For trademark you have to apply for coverage and register things and pay money. I have not gone through that process but a friend of mine did his business logo and said they also did a cursory check that he wasn't infringing on anyone else with his trademark application before they gave him his registration or license. You also need to remember that we are mostly regular Joe's like yourself and not attorneys. Share this post Link to post Share on other sites
