TSB
Artist => Copyrights/Trade Marks info/questions => Topic started by: Prosperi-Tees on May 30, 2014, 12:41:22 AM
-
If you followed the draft Derek Carr from the Fresno State Bulldogs got drafted by the Oakland Raiders. Of course everyone and their uncle are making shirts similar to this one and making a killing. Does this look like a recipe for trouble?
-
I think it is okay, however, I do not have the kind of money to burn like the NFL and/or NCAA has...They do not have to win, they just have to cost you enough money you quit....
-
I figured it would be a gray area like most of these are. I was wondering about the bulldog as that is used by so many teams its not funny. Maybe if one could find one that is not used by anyone.
Deja Vue???
-
Nice its a parody.
Shane
-
That is NOT parody. The new work must target the original. That is an essential element of fair use under the parody exemption. I don't see that the design you show in any way refers to or makes a point regarding the Raiduhs. So using the shield and swords, possibly infringing on the trade dress (like color scheme) and other elements of the Raiduhs logo would not be parody in this case. The design is only using those elements to make an association to the organization.
There are no copyright or trademark police. So it is often possible to skate along. But the reverse is also true. No matter how legal your use might be a deep pocket can sue you and grind you down without winning in court. Be careful out there!
-
I concur that it is not a parody. I would be very careful.
-
Personally, I wouldn't touch that. The Raider Nation is notoriously aggressive in defending its label.