Copyright infringements and Teespring campaigns

by Mdv
23 replies
Hey people! This is about Teespring.

I was just wondering how people can avoid copyright infringements when creating t-shirts for football teams and the like. Especially where the team logo is clearly shown.

I am really interested in creating a t-shirt for a soccer team. But even with a modified(cropped and circled) logo I feel I might be going on a limb.

What do you think?
#campaigns #copyright #infringements #teespring
  • Profile picture of the author Chris Chicas
    TeeSpring will automatically cancel your campaign if someone notifies them on a trademark infringement. And I do believe that most sport associations keep an eye out for and PPC or related media ads that are doing just that.

    The question is.... do you want to spend time and money running an advertising campaign only to have it cancelled?

    Some people also work around and only include a mascot or related team colors, quotes, etc. in an effort to circumvent trademarks.... some succeed, some don't.
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    • Profile picture of the author Mdv
      Originally Posted by Listhoven View Post

      TeeSpring will automatically cancel your campaign if someone notifies them on a trademark infringement. And I do believe that most sport associations keep an eye out for and PPC or related media ads that are doing just that.

      The question is.... do you want to spend time and money running an advertising campaign only to have it cancelled?

      Some people also work around and only include a mascot or related team colors, quotes, etc. in an effort to circumvent trademarks.... some succeed, some don't.
      Aha! Thanks for your answer.

      Well I definately don't want to lose money and time, but it might be worth it.

      Do you think these teams and companies might go as far as to take legal action, instead of just taking the campaign down?

      I mean I might consider taking the risk if they just take the campaign down.
      If they find out.
      But if there's some serious legal action involved then the risk is def. not worth it.
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      • Profile picture of the author lotsofsnow
        Originally Posted by Mdv View Post

        Do you think these teams and companies might go as far as to take legal action, instead of just taking the campaign down?

        But if there's some serious legal action involved then the risk is def. not worth it.
        Many of the sports teams are owned by people with very deep pockets and
        those people usually have very greedy lawyers on tab.

        Imagine you would be getting paid $1,000 per hour just for surfing the web and asking people to pay $250,000 fines...

        So, I would stay away from it. One successful Teespring campaign can make you some nice money but even the unsuccessful ones can cost you $250,000 each if you step on the toes of the right (or wrong) person.
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      • Profile picture of the author BradVert2013
        Originally Posted by Mdv View Post

        Aha! Thanks for your answer.

        Well I definately don't want to lose money and time, but it might be worth it.

        Do you think these teams and companies might go as far as to take legal action, instead of just taking the campaign down?

        I mean I might consider taking the risk if they just take the campaign down.
        If they find out.
        But if there's some serious legal action involved then the risk is def. not worth it.
        Why would you even want to risk it? At the very least you'll be out money and time. And if the team wants to pursue legal action, then you're really in trouble.

        Make something unique and original instead.
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  • Profile picture of the author Chris Chicas
    I'm not one to give out any legal advice, but practical advice would be that yes, legal action against you is quite possible when you infringe on trademark and copyright laws. Nobody can tell you that it's rare because it only needs to happen ONE time to you and then you're screwed.

    If you want to build a business with longevity, and one where there is profit coming in and not being spent on legal proceedings (as much as you can avoid it) then there are far better ways to build that business. Even if you just want to do a campaign for a week or two - not breaking the law can save you a lot of time from some of these companies coming down on you.

    In TeeSpring, certain Tshirts with last names and a cool sayings seems to be hot. there are many honest and creative ways to stay away from the strong arm of the law. Best of luck.
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  • Profile picture of the author Sagar Mehta
    I'm not one to beat my ethics and business sense into others, so I'll just say this:

    Do what you think is right, and be ready for any (good or bad) consequences

    Sagar
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  • Profile picture of the author Alkas79
    might do it once and succeed, do it twice and succeed again. Then it becomes sweet and easy. Then you are screwed!
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    • Profile picture of the author Steve B
      If anyone is interested, you can go to this web site and learn all about trademarks. The op used "copyright infringement" in the thread title, but I believe this thread is about trademark infringement.

      Why not go right to the source to have your questions answered?

      U.S. Patent and Trademark Office

      Better safe than sorry ...

      Steve
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      • Profile picture of the author OnlineStoreHelp
        Whether you use trademark, service mark or copyright, you are right to ask the question. I am quite surprised others haven't asked the question before since every time I read a tee spring manual it involves at the very least, riding the edges of what is kosher.

        Just as an example, Starbucks has gone after coffee shops for using generic coffee terms in their logos. eBay has been sued more times for not what they have done but what their users have done and I can tell you right now, Google can't even buy professional liability insurance they have been sued so many times.

        I can tell you right now, the sports teams are VERY protective of their IP so it is not really worth the risk.

        It is only a matter of time before Facebook get's sued for IP infringement by large brands which means once they get sued all those fan pages will get shut down to.

        I have seen some interesting tee spring campaigns that don't get into IP infringement it just requires you to think harder. But then again, I have never understood the point of tee spring to build a business versus some of the other tshirt drop shippers out there that allow you to evergreen your content versus a "campaign".
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  • Profile picture of the author Meharis
    Originally Posted by Mdv View Post

    Hey people! This is about Teespring.

    I was just wondering how people can avoid copyright infringements when creating t-shirts for football teams and the like. Especially where the team logo is clearly shown.

    I am really interested in creating a t-shirt for a soccer team. But even with a modified(cropped and circled) logo I feel I might be going on a limb.

    What do you think?
    Mdv,

    Please, I've this question for you:

    You're going to some one's house for any reason.
    At the front yard door there's a mean Pit Bull showing you the teeth...
    Would you go ahead and enter..?
    I imagine you wouldn't do it, right? (if you do you may not be able to tell what happened)
    OK. The Pit Bull is a sweet little pussycat compared to Copyright and/or Trademark Lawyers.

    Meharis
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  • Profile picture of the author mediamarket
    I would avoid anything to do with any type of trademarks. Better safe than sorry.
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  • Profile picture of the author edlewis
    I've often wondered about this when looking at much of this TeeSpring "buzz".

    I'm fairly certain most of these TeeSpring people don't have the first clue about trademarks. The other big one I notice deals with "publicity rights" (Google it). Lots of these T-shirts use names and likenesses of celebrities and athletes.

    Eventually someone is going to get sued.

    Organizations like the NFL have done it before. They don't tend to mess around when it comes to these matters. They have high-priced lawyers, friends in high places, and billions of dollars.

    My honest opinion is it's only a matter of WHEN, not IF the NFL will eventually sue either TeeSpring or individual/s selling copyright and trademark infringing merchandise via TeeSpring…or both.

    It's gonna happen.

    Who knows…maybe it will be the NCAA or a major university…or the Duck Dynasty fellas…or an individual professional athlete?

    I think some people have ventured into the TeeSpring arena without really having a clue what kind of legal issues they may potentially be dealing with - especially those who use names of teams that are trademarked, logos, celebrity names and images, etc…

    Some are very smart…and are able to capitalize on a trend, event, or sports fan culture without stepping over the line. Most don't…and others go so far over the line it really is just a matter of time before it (and by it I mean lawyers) catches up with them.
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  • Profile picture of the author alexals1
    good question , i like to know the answer may be from a professional lawyer
    Alexals1
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  • Profile picture of the author MikeHollings
    wow scary comments in here, I was considering Teespring.. but after this .. no thanks.
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    • Profile picture of the author ssahha
      I think that Teespring clarified this in their TOS. Just read it carefully and Apply what's involved in it and you will not have issues. Because at the end of the day you depend on Teespring rules not on trademarks ones
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      • Profile picture of the author IDoTheLegWork
        Originally Posted by ssahha View Post

        Because at the end of the day you depend on Teespring rules not on trademarks ones
        This is REALLY BAD advice. Following the TOS will not protect
        you from a trademark/copyright infringement action.
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    • Profile picture of the author WillR
      Originally Posted by MikeHollings View Post

      wow scary comments in here, I was considering Teespring.. but after this .. no thanks.
      If you don't infringe on trademark then you have absolutely nothing to worry about. The issue here has nothing to do with TeeSpring... just some of the idiots using it.
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  • Profile picture of the author ForumGuru
    Banned
    The modified logo could still be considered a derivative work which would be covered under US and several other countries copyright law. If the modified logo is protected then it is quite possible you would infringing on the associated trademark. To be safe the best course would be to license the use of the logo to avoid any infringement claims.

    What are some examples of protected material?

    Often, allegations of infringement concern logos and images associated with professional sports teams, major brands, televisions shows, movies, and musical groups.

    About Teespring / FAQ | Teespring
    Cheers

    -don
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  • Profile picture of the author smadam
    Sorry, if it is a stupid question.

    How about soccer players name?

    If I do some design and write MESSI in the middle

    Can use it? or is it some Copyright infringements as well?
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  • Profile picture of the author surfer30
    In My view point using Messi name is not like a company trademark. Messi can't watch all people who are using his name. and Messi is a name. not a company . companies uses him for products and their trademark . go ahead
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    • Profile picture of the author edlewis
      Originally Posted by surfer30 View Post

      In My view point using Messi name is not like a company trademark. Messi can't watch all people who are using his name. and Messi is a name. not a company . companies uses him for products and their trademark . go ahead
      This is horrible advice. And boy-oh-boy there is a lot of it around here these days...

      Look there is something called Personality or Publicity rights. Celebrities have the right to their own name and likeness.

      It's why the companies that use Messi's name for their products have to PAY him (handsomely) to do so!

      Same goes for other athletes and celebrities who endorse products.

      Much of this really is 'common sense' stuff.
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  • Profile picture of the author zerofatzreturns
    you can get creative with this and make great selling shirts for teams that do not infringe on copyright. First thing to keep in mind, colors are not copyrightable. Also names of animals and things are not copyrightable. So if you had a sports team called the New York BiPlanes then you could use a phrase like "BIPLANES ROCK" and have the team colors and maybe a ball of the sport. It's completely okay. or a phrase like "GO NEW YORK" again with team colors and the sports ball. There are a thousand angles you could take on this and be within your rights. Just be creative with it.


    Good luck in all your ventures brother.

    Kam (aka Zerofatz)
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  • Profile picture of the author miklanderson2
    There are so many ways you can make money with Teespring without running the risk of infringement. Why not attack it from a different angle from which you won't have to worry about losing everything.
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