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Artist => Copyrights/Trade Marks info/questions => Topic started by: whitewater on March 28, 2012, 10:37:58 AM

Title: copyright question
Post by: whitewater on March 28, 2012, 10:37:58 AM
I print for my embroiderer...

she has an order for the school name around the nike swoosh...I asked her if it was legal to print that and she said yes...

I'm not sure of these things...but what can happen to me?

Im not selling to end user...

Thanks
Title: Re: copyright question
Post by: royster13 on March 28, 2012, 10:49:10 AM
That would be trademark infringement.....
Title: Re: copyright question
Post by: mk162 on March 28, 2012, 10:53:05 AM
is the NIKE logo already on the shirt?
Title: Re: copyright question
Post by: whitewater on March 28, 2012, 11:04:14 AM
is the NIKE logo already on the shirt?

no


so i am the one liable correct?because I printed it...?
Title: Re: copyright question
Post by: prozyan on March 28, 2012, 11:05:45 AM
is the NIKE logo already on the shirt?
so i am the one liable correct?because I printed it...?

Yep.
Title: Re: copyright question
Post by: Frog on March 28, 2012, 11:11:34 AM
I would be very curious as to her basis of saying that it was alright to use the Nike logo.
Title: Re: copyright question
Post by: whitewater on March 28, 2012, 11:14:53 AM
I would be very curious as to her basis of saying that it was alright to use the Nike logo.

maybe because she has nothing to lose.
Title: Re: copyright question
Post by: Croft on March 28, 2012, 11:17:52 AM
I'd have no problem printing a logo on a NIKE shirt but NIKE logo on another brand seem questionable unless they were a sponsor ?
Title: Re: copyright question
Post by: mk162 on March 28, 2012, 11:40:09 AM
Nope, I wouldn't do it.  I had a customer ask me to print the nike logo on some shirts and it turns out the school was sponsored by Adidas. oops.
Title: Re: copyright question
Post by: Catnhat on March 28, 2012, 12:17:00 PM
I would be very curious as to her basis of saying that it was alright to use the Nike logo.
Probably because it's on the "interwebnet-thingy" so it's all good/free/etc., etc.
Because so many of these corporate logos and such are available in clip art packages on eBay/free wingding fonts/downloadable directly from multiple websites...the general public just assumes it's all right.  Then get all pissy when you try to explain to them otherwise.

We recently went through something similar with the city Park & Rec. Dept. and a local Pepsi distributor.
The distributor has been a long time sponsor, 15+ yrs, of everything the Park & Rec. did.  So we have always dropped a  single color Pepsi logo somewhere on all the shirts we've done for them over the years, as per Park & Recs request.  Because that's what's always been done.  We've been doing it since before any of the current people "in charge" even had their positions.   
New manager at the distributor, by the book kinda guy......blah, blah, blah.
No more Pepsi logo.
Knowledge is a powerful & sometimes dangerous tool.  But living in ignorant bliss is so much easier for most people.  ;)
Title: Re: copyright question
Post by: Command-Z on March 28, 2012, 12:19:16 PM
If they find out, Nike will send a cease and decist letter to you and will try to claim any money you made from the deal. They'll take the shirts, too, if they're stocked somewhere. Not much more they'd likely do than that, unless you are running a full-on bootleg operation, in which case they can shut you down completely. It would depend on how agressive they want to get.

She said "yes" when you asked her if it was legal? Unless she shows you a licensing agreement, she can "say" anything she wants. Teachable moment.... let her know you're not into breaking the law.
Title: Re: copyright question
Post by: Dottonedan on March 28, 2012, 12:22:29 PM
Interesting story.  $2.0 per hr and $35.00 total.



 [url=http://en.wikipedia.org/wiki/Swoosh]http://en.wikipedia.org/wiki/Swoosh (http://en.wikipedia.org/wiki/Swoosh)[/url]

Title: Re: copyright question
Post by: Gilligan on March 28, 2012, 12:46:08 PM
I hope she held on to that stock!

What about using the swoosh in a "parody"?  I have a shirt concept that Nike certainly wouldn't like but it would be a parody and obviously not "bootleg" or trying to look like a "Nike product".
Title: Re: copyright question
Post by: ScreenFoo on March 28, 2012, 12:59:12 PM
It would be pretty funny if she never sold the copyright, or took payment as "work for hire"...  wonder what it'd be worth these days.

Parody is getting weird, methinks--used to be a lot of funny corporate ripoffs in the pipe shops up in this neck of the woods, a few years back they all just disappeared... but you're makin' me think... like a whip in mid-swing?    ;)
Title: Re: copyright question
Post by: Frog on March 28, 2012, 01:07:44 PM
I hope she held on to that stock!

What about using the swoosh in a "parody"?  I have a shirt concept that Nike certainly wouldn't like but it would be a parody and obviously not "bootleg" or trying to look like a "Nike product".

That could depend on how good an argument your attorney makes versus the guys from Nike.
Title: Re: copyright question
Post by: Gilligan on March 28, 2012, 02:45:29 PM
Exactly!

"This is the type of self-realization that might have killed the Lord
 I didn't mind working free as a walking billboard
 But now I want my money back...as my ice spilled and poured
 Onto the floor I did see a distorted reflection of my Nike hat
 I don't know how others might react
 For me it was an unsightly act that helped me get my psyche back
 I stood 5 feet back, afraid that it might strike me like Shaclack clack!
 Ya'll think I'm kidding? It's not a big thing?
 What I seen made my heart hurt, stomach turn, throat burn, teeth cringe
 Spine tingle, and ribs sting
 I noticed that the swoosh symbol was nothing but a whip in mid-swing.."

Sage Francis - Narcissist