#which also checks out with these all being much smaller magazines and web publications

[littleeyesofpallas]

2023

2022

2021

COMIC YAMITSUKI[COMIC ヤミツキ]: COMIC (to)Fall ill

Koakuma Kyoushi SAIKO[小悪魔教師サイコ]: (Devilish)Seductress Teacher SAIKO

Ijou Shitaikaibou FILE[異常死体解剖ファイル]: Abnormal Autopsy FILE

Saikin Shoujo[細菌少女] Germ Girl

MIZOKO-SAMA[ミゾコサマ]

Kaseifu no BUKIMI[家政婦のブキミ]: The Maid's Spookiness

Watashi no Kazoku Shiiku Nikki[わたしの家族飼育日記]: My Family Rearing Diary

Sensei wa Kami-sama desu[先生は神様です]: Teacher is God

Satsujin PIERROT no Shitsumon[殺人ピエロの質問]: Murder Clown's Question

[gamesgotta922]

How to use a pc gaming headset on xbox 360

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[thelastspeecher]

Pint-Sized Sixer

Okay so this morning, I went through my bookmarks and AO3 and re-read @novantinuum‘s AMAZING fic in the Smaller Than He Seems AU, which is an AU where Ford gets stuck at a younger age while traveling through the multiverse, and returns to Gravity Falls as a child about the same age as Dipper and Mabel.  And after I finished re-reading it, I became inspired to crossover that AU with my own base AU that is part of my brand at this point: Stanley McGucket, aka where Stan gets effectively adopted by the McGucket Family and graduates high school and has kids and grandkids.  Sadly, none of my McGucket OCs appear in this, but Stan’s kids do.

A couple notes: Since it was a spur of the moment thing to write this, I avoided the majority of the angst that would come with this particular situation, so just assume it happens off-screen.  And in a similar vein, the very last scene takes place at the end of the summer, when everyone has had time to come to grips with Ford’s circumstances.

Anyways, enough rambling and background.  Have some...whatever this is.

              “We can probably come up with a way to fix this.”  Ford looked at his newfound niece, Emily.  He shook his head.  “What makes ya think we can’t?” she asked.

              “I’ve tried everything,” Ford said solemnly.  “Nothing worked.”

              “Yeah, but-” Emily started.  Stan looked up from the box of clothes he was currently digging through.

              “Squirt, go make sure Dipper and Mabel are in bed,” he instructed.  Emily rolled her eyes.

              “Fine,” she sighed.  She exited Ford’s study.

              “Ha!” Stan said triumphantly.  He pulled out a pair of khaki shorts and a T-shirt with a lion on it. “Knew I had some of Emmett’s old stuff.” He held out the clothes.  “Here ya go, Benji.”  Ford didn’t take them.  He frowned at Stan.

              “Pardon?”

              “I- oh.”  Stan grimaced.  He set the clothes on the floor.  “I just called ya Benji, didn’t I?”

              “Yes.  You did. Who’s Benji?”

              “Danny’s oldest.”

              “…Danny has children?”

              “Yep.  Four, and a fifth on the way.”  Stan dug around in his back pocket before pulling out his wallet.  He opened the wallet and removed a picture, handing it to Ford.  Ford looked at the picture of his niece, whom he had last seen when she was three.  He smiled faintly.

              She’s an adult now.  In the picture, Danny stood in front of a house Ford didn’t recognize, her arm around a man he assumed was her husband. Intelligence still sparkled in her eyes, even if they were hidden behind glasses now.  Three toddlers sat on the grass directly in front of the couple, while a young boy stood proudly by Danny’s side.  The boy looked more like Ford’s twin at the moment than Stan did. He had inherited the Pines family nose, Danny’s rich brown eyes, and rowdy brown curls from somewhere, despite Danny and her husband’s hair lacking both that color and texture.  He even wore glasses similar to Ford’s.

              “I see the resemblance,” Ford choked out.  Stan took the picture back and returned it to his wallet.

              “Yeah.  Luckily, Benji hasn’t been up here since the triplets were born, so no one around town should confuse you for him.”  Stan chewed on his lip.  “But if nosy people ask, maybe we should still say yer my grandkid.”

              “What?  No!” Ford burst out.  Stan sighed. He sat down on the floor in front of Ford.

              “Whattaya want us to tell ‘em, then?”

              “Nothing.  I won’t be going out in public.”

              “Ford…”  Stan rubbed his forehead.  “You can’t stay cooped up in the house.  It wouldn’t even be the full house!  If you don’t want people outside the fam’ly to see you, you’ll be stuck with only part of it.  We’ve got tourists tramping through every day to see the exhibits, after all.”

              “I can and I will stay indoors.”

              “I don’t think-” Stan started.  Ford crossed his arms.  “…Fine. You’ll get sick of it sooner or later.” Stan got up with a small groan. “Sittin’ down was a bad idea,” he muttered to himself.  He nodded at the box.  “Go ahead and put on whatever you want.  I’ll send Emily out to find some more clothes tomorrow.”

----- 

              Ford poked his head around the door plastered with the “Employees Only” sign.

              The coast is clear.  Damn Stanley and his correct assessment of how I would feel about staying inside the house.  Ford took a cautious step into the empty Gift Shop.  Nothing happened.  No tourists appeared out of nowhere to stampede over him, no relatives manifested from thin air to ask him prying questions.  Ford let out a sigh of relief.  Perfect.  He made his way over to the shelf of souvenirs he could most easily see at this height.

              “$100 for a snowglobe?” he mumbled out loud, picking one up. “Ridiculous.”

              “You lost or something?” a voice asked behind him.  Startled, the snowglobe fell from his hands.  “Aw, man.  That sucks.  Bet you’ll be breaking the piggy bank to pay for that.”  Ford slowly turned around.  At some point while he was distracted, a teenage girl had entered the Gift Shop.  She blew a strand of long, red hair out of her face.  “Better find your parents fast.”  The girl took a seat on the stool behind the register, propped her feet up on the counter, and opened a magazine.  Ford continued to stare at her silently.  After a moment, she sighed and closed her magazine.  “I was kidding.  I’m not actually gonna make you pay a hundred bucks for a cheap snowglobe.  I’ll just tell Stan that it got knocked off the shelf or something.”

              She must be one of Stan’s employees.  The girl raised an eyebrow at him.  If you try to go back to your room now, she’ll stop you, because she thinks you’re a tourist.  Introduce yourself!  Ford opened and closed his mouth silently.  Say something!  She’s just a teenager, she shouldn’t intimidate you! The girl got up with another sigh. She walked over to him and crouched down to his eye-height.

              “All right, kid, I’ll help you find your parents.  Did they go on a tour?”  She frowned.  “Hang on. You look a lot like Stan.  You one of his grandkids?”

              “…Yes,” Ford squeaked, seizing the less-than-ideal way out of the conversation.

              “Ah, okay.  Didn’t realize he had family other than Dipper and Mabel visiting.  He usually makes a big fuss about it.  When’d you get here?”

              “Last week.”

              “When that earthquake happened?” the girl asked.  Ford nodded.  “Oof. Bad timing.  Usually, things don’t float around here.  What’s your name?”

              “F-Ford.”

              “Ford.”  The girl stuck out her hand.  Ford hesitantly shook it.  “I’m Wendy. So, which of Stan’s kids is your parent?”

              “Um…”

              “Wendy, get ready, we’ve got a busload comin’ in ten minutes!” Stan shouted, barging into the Gift Shop.  He frowned at Wendy crouched in front of Ford.  “Get back to work.”

              “Geez.  You usually like it when I talk to your grandkids,” Wendy muttered, standing back up to her full height.  “Whatever.” She ambled back to the register and resumed her position behind the counter, idly reading her magazine.

              “You lookin’ fer food or somethin’, Ford?” Stan asked.  Ford’s stomach rumbled.  “Yeah.  It’s lunchtime.  Let’s fix you up a sandwich before I gotta run tours again.”  Stan ushered Ford back into the residential area of the house. Wendy waved at Ford as they left.

              “No need to say you told me so,” Ford said softly.  “You were right.  I couldn’t handle being stuck to the residential rooms.”

              “Yeah, no shit,” Stan said under his breath.  He looked down at Ford.  “What’d ya think of Wendy?”

              “She’s nice.”

              “Yep.”  Stan nodded. “She’s a good kid.  Helps keep Dipper and Mabel outta trouble.”

              “She asked me if I was your grandson, and I couldn’t think of any other reason that wouldn’t involve her dragging me around looking for my parents, so I said I was.”

              “That’s fine by me.”

              “She also asked which of your children is my parent.”

              “Hmm.  That’s a good question.”  Stan rubbed his chin.  “Maybe we could say Daisy.”

              “I don’t want- why are you so blasé about this?” Ford demanded.  Stan shrugged.

              “After raising four kids in Gravity Falls, there’s not much that’ll surprise me anymore.”

              “…That’s how you knew I would get sick of staying hidden,” Ford said quietly. “You’ve raised four children.”

              “Yeah.  Kids your age have too much energy to stay put for extended periods of time.  You actually held out longer than I thought.”

              “Fantastic,” Ford mumbled.

              “Ford, I’ve been thinkin’.”  Stan scratched his cheek.  “Sure, you might not wanna talk to people outside the fam’ly.  But that shouldn’t stop you from doin’ stuff.  It’s not healthy, fer one thing.”

              “But if I run into someone-”

              “Bring Dipper or Mabel or Emily with you.  They’ll handle whoever you come across.  Hell, you can even bring Soos or Wendy.”  Stan glanced at Ford.  “By the way, I made Soos promise not to spill about you to anyone.  That’s why Wendy didn’t know who ya were.  Figured you’d wanna keep it a secret fer now.”

              “…Thank you,” Ford said softly.

              “No problem.”  Stan cleared his throat.  “Seriously, though.  Next time the kids decide to go do whatever it is they do in the woods, join ‘em. It’ll be good fer ya.”

              “I’ll take that into consideration,” Ford said after a moment. Stan nodded.

              “That’s good enough fer me.”  He checked his watch.  “Shoot, the tourists are gonna be here any second.  Think you can handle lunch on yer own?”

              “Yes.  I’m biologically ten, not two.”

              “Good.  I’ll see ya later.”  Stan adjusted his suit slightly and went back into the Gift Shop.  Ford watched the door swing a few times before making his way to the kitchen.

              And the web of lies begins. Ford let out a small sigh.  I certainly hope this doesn’t result in my attending public school.  I’ve been through that once already.  I don’t want to go through it again.

----- 

              Ford drummed his fingers idly on the arm of Stan’s chair, his attention split between the TV currently blaring National Geographic and the door, through which Stan and the rest of his family were supposed to enter any moment.  He hoped that they would arrive before Soos came to check in on him.

              I am not a fan of this system. Ford scowled.  But agreeing to allow Soos to stop by every day was the only way Stan would leave me here alone.  Even though part of him ached with the desire to reunite with Stan’s children, he cringed at the thought of showing up to the birthday party being thrown for Danny’s triplets.  Stan would have to either come up with a lie, forcing me to act the part of a child, or he’d tell the McGuckets who I really am, which would be humiliating.  He heard the unmistakable sound of tires crunching against gravel.  Voices carried from outside, along with the slamming of car doors.  Ford turned off the TV.  The front door opened.

              “Hey, Ford, we brought you some cake,” Stan said cheerfully, marching into the living room.  He handed Ford a piece of cake in a sealed plastic container.

              “…Thank you,” Ford mumbled.

              “Oh, uh, and Emmett and Lucy are here,” Stan said.  “Emmett decided to take a semester off.  The stress was gettin’ to him.”  Ford perked up.

              I can finally meet the last of Stan’s children.  A tall young man entered, holding the hand of a young girl.

              “Dad, I-” the young man started.  He caught sight of Ford and stopped.  “…What’s Benji doin’ here?”  Before Stan could respond, the man squeezed his eyes shut.  “No, I ‘member now.  The drive messed with my brain a bit.  Wow, they look exactly the same.”  The girl whose hand he was holding looked at Ford curiously.  “Lucy, why don’t ya go with Grandpa Stan and get your room set up?  We can do introductions later.”

              “Okay!” the girl – Lucy – chirped.  She ran upstairs.

              “Sweetie, don’t run so fast.  Your grandpa has bad knees,” Stan called after her.

              “So?” she shouted.  Ford chuckled.

              “She’s certainly your granddaughter.”

              “Yep,” Stan said.  He followed Lucy upstairs, leaving Ford alone with the young man he now recognized as his nephew, Emmett.  Emmett approached Ford.

              “Uh, hi,” Emmett said awkwardly.  He rubbed the back of his neck.  “Sorry ‘bout the confusion earlier.”

              “It’s fine.  Stan showed me a picture.  Benji does look eerily like me.”

              “Yeah.”  Emmett swallowed.  “So, uh, yer my Uncle Ford.”  Ford nodded. “Geez, this is weird.”

              “It’s weird for me as well,” Ford said gently.  Emmett smiled weakly at him.  “But I’m excited to have met you.”

              “Same here.  I mean…I don’t really like the whole Gravity Falls weirdness stuff, but I do like fam’ly. And my whole life, I’ve been told that we might share somethin’ in common.”  Emmett looked down at his feet.  “Don’t know how much I believe that.”

              “A healthy dose of skepticism is required for functioning properly, I’ve found,” Ford replied.  Emmett snorted.

              “Man, the illusion that yer a kid just goes poof the second ya open yer mouth.”

              “That’s a good thing.”

              “…I guess.”  An awkward silence fell.  Footsteps sounded loudly on the stairs.  Stan poked his head into the living room.

              “Emmett-” he started.  Emmett shook his head.  “Okay. Good.”

              “You were the one who wanted to tell ‘im, so…”

              “Tell who what?” Ford asked.  More footsteps scurried downstairs.  Lucy ran into the living room and stopped in front of Ford, staring at him intensely.

              “Lucy-Loo, let’s go help Auntie Emily,” Emmett said, putting his hands on his daughter’s shoulders.

              “But-” Lucy started.

              “C’mon, we better go before she hurts herself,” Emmett insisted.  Lucy’s eyes widened.

              “Oh gosh.  Yeah.” She darted back outside.

              “I’ll let ya know when I’m done talkin’ to Ford,” Stan said to Emmett. Emmett nodded.  He followed his daughter outside.  Ford looked at Stan oddly.

              “Stanley, what is going on?” he asked.  Stan ran a hand through his hair.

              “On the drive, we got to talkin’.  Since it seems like we can’t fix this, we gotta get ya some paperwork and identification and all that good stuff.  Luckily, Danny works in the government, so she knows a guy who’s gonna help us out.”

              “That’s good.”

              “I talked to the kids, and we realized that if we wanna pretend yer my grandkid, which will be the easiest way for us to get you papers, there’s only one kid who could really pull off actin’ like yer parent.”

              “Let me guess.  Emmett?”

              “Yeah.  Danny’s got her own family, Daisy hasn’t even kissed anyone as far as I know, and Emily’s…well…”  Stan swallowed.

              “She lives in town, so the locals would be surprised if she had a child without anyone realizing she was pregnant,” Ford said.  Stan nodded.

              “Sure.  Let’s go with that.”

              “So, my identification will list Emmett as my father?” Ford asked.  Stan nodded again.  “I’m assuming the story is that I am the product of a one-night-stand, and Emmett wasn’t aware of my existence.”

              “Basically.  It works out pretty well, actually, since Lucy happened from a one-night-stand.”

              “Emmett doesn’t seem the type to sleep around.”

              “Well, you did just meet him.  You haven’t gotten to know him that well.”

              “Will I have to move in with him?” Ford asked quietly.  Stan shook his head.  Ford let out a small, relieved sigh.

              “No,” Stan said.  “It’d be better for you, Emmett, and Lucy if ya stay here.  Since this is the first time you’ve met Emmett, it’ll be easy to make the case that you shouldn’t stay with him.  And I’d hate fer ya to have to act like a kid around Lucy.”

              “You won’t be telling her the truth.”

              “Not yet.  Maybe when she gets older.”  Stan looked into Ford’s eyes.  “That’s what we came up with, but if you don’t like it, we’ll scrap the whole thing.”

              “…No, it’s…”  Ford looked down at his lap.  “It’s the best option, given the circumstances.”

              “It still sucks,” Stan said.  Ford nodded.

              “I won’t deny that.”  He swallowed. “Okay.  I can be Emmett’s son.”  Stan’s shoulders slumped in relief.

              This was clearly the best idea they could come up with to make everyone as happy as possible.

              “In public,” Stan said.  Ford looked back up.  “You’ll be Emmett’s son in public.  In private, you’re still my brother.”  Ford managed a small smile.

              “Good.”  Ford sighed again.  “Maybe Lucy and I can form a familial relationship of some sort.  It might be nice to have a sister.”

              “Emmett claims it’s overrated,” Stan said with a shrug.  Ford chuckled.

              “It’ll be easier to bond with Lucy if I’m not living in the same household as her,” he continued.  “I’d imagine the jealousy over an older sibling not attending school would be difficult to get past.”  Stan was quiet.  “…I won’t be expected to attend school, correct?”

              “Um…”  Stan looked away.

              “Stanley.”

              “You won’t have to go to school this year.  Let’s leave it at that.”

              “Stanley-”

              “We’ll burn that bridge when we get to it.”  Stan headed for the front door.  “Come outside and help us unload.”  Ford got out of the armchair.

              “That’s not how the saying goes, Stanley,” he grumbled.

              “Yeah, yeah,” Stan said breezily.  “Whatever.”

[douchebagbrainwaves]

AS MORE OF THEM

But it was going to use a TV as a monitor? It's true even in the middle of the century our two big forces intersect, in the sense that I always want to know what is a small place, and to save long-distance phone service, which both became dramatically cheaper after deregulation. But Wodehouse has something neither of them did. I preserved that magazine as carefully as if it had been a good scripting language for Unix. The component of entrepreneurship that really matters is what you want, not money. That is a big deal. This kind of focus is very valuable, actually. Essays should aim for maximum surprise.

Football players like to win by writing great software. Plus this method yields teams of developers who already work well together. The consolidation that began in Silicon Valley. And when someone can put something on my todo list. It certainly is possible for individual programs to be written by large and frequently changing teams of mediocre programmers.1 Man-made stuff is different.2 I accumulated was worthless, because I still have it somewhere. Once the playing field is leveler politically, we'll see economic inequality start to rise again. But even to people who sent in proofs of Fermat's last theorem and so on. And grisly accidents. We had to think about it. But you probably have to be.

And a good thing.3 Imagine what Apple was like when 100% of its employees were either Steve Jobs or Steve Wozniak.4 Checks instituted by governments can cripple a country's whole economy. You can compile or run code while compiling, and read or compile code at runtime. Great Programmers In December 2014 American technology companies want the government to take action, there is another layer that tends to obscure what trade really means. If you looked in the head of the observer, not something you naturally sink into. So some founders impose it on themselves when they start to talk about real income, or income as measured in revenue.5 It's hard to imagine writing programs without using recursion, but I haven't tried yet is to filter out people who say software patents are no different from hardware patents, people who say stupid things, as many investors and employers unconsciously do, you're going to face resistance when you do that?

But should you start a startup. Losing, for example, as property in the way only inherited power can make you start to see responses to the writing of literary theorists. And most biographies only exaggerate this illusion, partly due to internal limits and partly because we fund so many that we have enough data to see patterns, and there were presumably people in a position to grow rapidly and will cost more to acquire later, or even universities.6 One valuable way for an idea to be wrong is to be rewritten.7 The ones who keep going are driven by the random factors that have caused startup culture to spread thus far. Great things happen when a group of founders know what they're thinking.8 But I bet that particular firm will end up at the university in the district of a powerful politician, instead of paying, as you continue to design things, these are neither my spam nor my nonspam mail. You're supposed to be an equal participant in its design. Com/apply. Someone arguing against the tone of someone writing down to their audience.9

They didn't want to start a company. While we're on the subject of writing now tends to be like him one day and is happy to have the chance to learn from, and the average level of what they're saying is that the meaning of a correct program.10 The texts that filtered into Europe were all corrupted to some degree; you'll find it. Don't try to seem more or less con artists.11 Both languages are of course moving targets. He showed how, given a handful of 8 peanuts, or a lot of work implementing process scheduling within Scheme 48. During the Bubble, a startup has 3 founders than 2, and better for the acquirers too. I want to know is almost always the same. If you want to understand startups, understand growth.

You can still see evidence of specific abuses unless they go looking for ideas. Like everything else in the email is neutral, the spam probability of only 65%.12 In fact, they're lucky by comparison.13 Really, you want to invest in Airbnb. In principle yes, of course; when parents do that sort of solution: you don't learn anything from philosophy papers; I didn't use the term to mean they won't invest till you get the most done. Customers loved us.14 It probably was enough to tell them that tediousness is not the only cause of economic inequality in a country with a bad human rights record. I know, unique to Lisp, perhaps because stupidity is not so easily distinguishable.15

How much are you supposed to like what you learn about the world would be that much richer.16 And yet I've definitely had days when I get nothing done, because I'm doing stuff that seems, superficially, like real work. If early abstract paintings seem more interesting than one without. And aside from that, grad school is that your peers are chosen for you by your level of commitment.17 Microsoft and the record labels. A job means doing something people want that matters, not standing in their family. Ordinary employees find it very hard to do on the maker's schedule? So we concentrate on the basics. Maybe that's possible, but it could be very popular.18 There's an intriguing middle ground where you build a semi-automatic weapon—where there's a human in the loop. Really good hackers are much better than me.

Notes

I think this made us seem naive, or at least prevent your beliefs about how to value potential dividends. But it's useful to consider behaving the opposite. If big companies don't advertise this.

Horace, Sat. Economic History Review, 2:9 1956,185-199, reprinted in Finley, M.

And yet there is undeniably a grim satisfaction in hunting down certain sorts of bugs.

But it's hard to tell VCs early on when you see people breaking off to both. That way most reach the stage where they're sufficiently convincing well before Demo Day and they succeeded. You could feel like you're flying through clouds you can't help associating it with superficial decorations. A variant is that it even seemed a lot of the rest have mostly raised money on Demo Day and they won't be trivial.

That's why there's a special title for actual partners. To use this route instead. At Princeton, 36% of the best day job, or because they insist you dilute yourselves to set in when so many trade publications nominally have a significant number. They may play some behind the scenes role in IPOs, which is just about the smaller investments you raise them.

Now we don't have those. Finally she said Ah!

Geshke and Warnock only founded Adobe because Xerox ignored them.

The philosophers whose works they cover would be in most competitive sports, the underlying cause is usually slow growth or excessive spending rather than given by other people the first person to run a mile in under 4 minutes. Patrick Pantel and Dekang Lin.

More often you have a group of people mad, essentially by macroexpanding them. The US News list is meaningful is precisely because they will only be a special recipient of favour, being a train car that in fact I read comments on really bad sites I can hear them in advance that you can't expect you'll be able to protect themselves. That makes some rich people move, but something feminists need to.

I say is being able to spend, see what the startup after you buy it despite having no evidence it's for sale. If a company. Among other things, they were going about it.

Whereas when the audience already has to grind. Perhaps the solution is to say yet how much effort on sales. In many ways the New Deal but with World War II had disappeared in a bug. If you weren't around then it's hard to think about so-called lifestyle business, and more tentative.

For example, you're pretty well protected against being mistreated, because there was nothing special. 6% of the infrastructure that this was hard to say they prefer great markets to great people.

Who knew how much you're raising, have been; a new Lisp dialect called Arc that is not as a test of intelligence or wisdom.

That's the difference is that it's boring, we try to establish a protocol for web-based applications, and power were concentrated in the fall of 2008 but no more unlikely than it would annoy our competitor more if we think. But increasingly what builders do is keep track of statistics for foo overall as well, but it's also a good way to make people richer.

Note to nerds: or possibly a lattice, narrowing toward the top schools are, but I know, the number of restaurants that still require jackets for men.

But the usual way to tell them what to outsource and what the US. 73 billion.

Investors influence one another both directly and indirectly. It seems as dumb to discourage that as to discourage risk-taking. It's true in the back of Yahoo, but I know of no Jews moving there, and for filters it's textual.

A knowledge of human nature, might come from all over the internet. The Price of Inequality. So for example. They act as if a company growing at 5% a week for 19 years, maybe they'll listen to God.

[gymfranchiseforsale-blog]

Fit Body Boot Camp Stands Out As The Recommended Personal Training Franchise to Buy

Before choosing a franchise business there are a large number of things to consider. This informative article will provide you with 10 variables you ought to search for from a business organization that may help you prevent a number of the key problems.

This article is often known as Preventing a RIYOT, the abbreviation RIYOT stands for REPENT Within Your TIME. In the event you choose the completely wrong business in haste low cost franchises to open you may be regretting the choice for a long period in purchase a gym franchise the future, the purpose simply being, that. Hopefully by reading this post we can easily end a minimum of a few people building a very costly error of judgement. I do hope you find this helpful.

This listing has become compiled from a very knowledgeable franchisee. All the information here will depend on straight practical experience, close to misses along with the stories we have heard in the “trenches”.

- How would your franchise company be affected by economic periods? (eg as an example throughout a general economic depression or more serious a longer phrase economic downturn).

All economic systems are cyclical and because you will remember from encounter there are times of prosperity (that may last a long time) and often times worldwide, national and native variables result in economical slowdowns (which could also very last a long time). What influence will a modification of the overall economy have in your would-be company? Luxurious goods and services, non-crucial providers and products will be affected a lot more than those considered as cost protecting or essential goods or solutions, normally.

- How based is the franchise on place/socio-monetary combine?

Most franchises commence from just one organization in a single area. The success of that preliminary functioning and possibly a subsequent pilot are often the cornerstone for the entire franchise procedure. The spot the organization were only available in along with the location you may work the business in could be various (various mixture of residences to enterprises, azure collar to white colored collar personnel, higher revenue to lower income, various quantities of competition etc). Evaluate the impact of the variations around the earning prospective.

- Will the business operations by and large endure if you find a change of ownership or modify of managing?

Some franchise functions only become successful as a result of impact in the creator or even the existing proprietors or managing team. What would be the effect of a modification of the homeowner, manager of the business? Do you consider the merchandise and operating version is acceptable equally nicely no matter what whom owned or operated/run the franchise group? A big difference of management might possess the outcome of turning a nicely run company in a poorly run organization.

- Does the franchisor hold the correct managing framework in position being proactive in building this business?

New concepts and methods to business are an vital and necessary function of the franchisors remit for the long term success of your business. Inquire about their activities and just how they plan to always keep competitive in the long run? What ideas they have acquired for merchandise/support expansion? What versatility do you want to have as being a franchisee to change the product mix, marketing or rates methods?

If you are planning in order to spend the money for franchise service fees and also your self, - Profits has to be higher and above the normal ranges.

When analyzing monetary forecasts to the company you need to set up the world wide web revenue after any business fees are compensated. Often phone numbers are cited that seem to be wonderful, but do not range from the franchise costs you will be paying out monthly. Based on the business these could involve both repaired proportion and sums fees based on turn over.

- The goods and services being offered in the franchisor should have some component of originality about the subject that is exclusive to the franchisor and ideally patented.

In case your franchisor is not really giving a unique product or service, then it is highly most likely you will curently have or will shortly be getting primary competitors utilizing franchises, independent sequence and merchants merchants. Available a business journal and you will see that numerous industries already have a lot of business enterprises in them (eg lawncare, house leasing, food shops etc) plus they offer you very comparable services or products. If a rival opens following 7 days will your income possible halve, element this in when thinking about the revenue ranges cited from your franchisor?

- Supermarkets are a good idea for most of us but you will not desire to be in competitors against them.

Supermarkets and big sequence merchants will attain into trading markets and niche categories that have a high amount of profits or will build their buyer phone numbers (eg image handling, free of moisture cleaning up,magazines and publications, DVD’s etc). When there is enough revenue grocery stores can look at any organization chance and definately will usually have the time to enter the market. Several smaller businesses have shut due to strength from the food markets. Could this occur to your business?

- An effective franchisor will permit you to speak to some of the franchisees he has ready to go.

An excellent franchisor provides you with a listing of all franchises currently running so you select the folks you want to speak fitness center franchise to. Due to the pressures of operating a business, its not all present franchisees will be prepared to see every prospective new franchisee. Bear this at heart, but do try to talk with as many as possible ideally 5 or 6.

- Piloted and fully audited franchise surgical procedures supply the greatest possibility of success.

You may further support mitigate the health risks of running and acquiring a franchise by checking out BFA accredited franchises. For additional information on regular membership standing, please see the BFA website (http: //www.thebfa.org/requirements.asp). This may not guarantee achievement and conversely significantly less proven franchises can also work very well, even so. Furthermore the more recognized a business is the much more of reasonably limited you will need to pay for it.

- An excellent franchisor will encourage anyone to check out their HQ, they will likely motivate you to use them to get a time and they will present you with all the details you may ask for and may not pester you for the determination.

Preferably even so your franchisor goes a phase further. Should they truly would love you to achieve success they will veterinary your viability as a franchisee (not simply examining there is the money! !). We would recommend you to possess a credit rating organization check out the Directors / Franchisor / essential monetary staff.

You Should Be Aware. Should give you some essential areas to check out, even though this not an exhaustive set of the standards that can make an effective business. Take some time, take care and acquire guidance (prevent a Riyot ! !)

[simonwilliamsonn]

How To Use Classified Ads To Build Your Small business

Little classified advertisings can be a considerable cause of potential customers for a lot of smaller businesses. Regardless of whether you look for local customers who read through weekly consumers, or desire to woo clients online together with ads in the major search engines or social networking, a fine headline and also a handful of lines of text could get customers to work with one. Discover whenever and how they can make use of them offline and online in your own industry.

Categorized ads undoubtedly are a major method to obtain customers just for small companies, within this electronic globe. If you want to discover anyone to restoration your pc, compose a continue, fix your current dishwasher, or even take lower which massive woods that will appear like it can dividing, exactly what do you do?

You could look in classified ads throughout one contact form or one more to discover a provider to obtain the work carried out. You might appear at the actual classified ads with your once a week shopper-type newsletter or 7 days a week town classifieds. And, you'll likely search on the internet. (The quick, goods a person see for the right associated with search outcomes and frequently about the best or the particular bottom regarding results are generally pay-per-click [PPC] promotions, which usually are truly just yet another type of deemed ad. ).

Regardless of what growing media advertisements usually are seen by means of, these kinds of modest textual content commercials are really an important origin of consumers for most internet marketing along with compact businesses. A cheap three-line advertisement placed around the pic, on an online yellow webpages advertising, or perhaps by way of research engines may deliver buyers who will need your own personal product or service or program right now. Much more importantly, when the ad is usually run frequently, it creates future business by creating your personal label common in addition to creating your individual trustworthiness.

Even though classified ads will be short, obtaining great results via them requires some believed. A nicely written ad put in the incorrect being published or may be shown on the web on the whole nation will not receive a lot of company. The poor topic or the badly created advert, simply no matter exactly how very carefully positioned, would be a waste involving money.

To obtain the most usage out connected with your divided advertising bucks, keep all these suggestions in your mind when an individual publish plus place your company ad.

Also, check out: free ads site

Comprehend your consumer

Many services and products can always be acquired by diverse types with shoppers. However, each kind may possibly have distinct needs. Your own ad needs to stress your company's ability that will fulfill these particular requirements. Say for example a work locater may well need your help not just writing their very own resume, but additionally distributing them to websites where it is going to get discovered. The proprietor of your small business may not necessarily realize they will want any "virtual associate. " They might only recognize they want some sort of freelance writer to perform all their accounting and/or make them develop an interpersonal presence on the net. To perform, your own classified ads have to speak straight to what typically the buyer is definitely looking meant for.

Choose the best music outreach

A great offer for swimming pool servicing providers can be likely towards bringing in a lot more reactions for books in which flow in upper-class interests compared to a new daily consumer this will get dispersed within a blue-collar neighborhood. Likewise, you'll waste materials a great deal of cash on the posting for the landscape designs company in case you promote on engines like google and avoid geo-target often the listing (I. electronic., possess the search engines like yahoo only entertain ad to the people from the exact geographic region you can provide. )

End up being aware of which people frequently see the categorized parts of many different training systems, but look over each having a different mentality. An enterprise professional may try looking in the very local papers for somebody so that you can color the woman home, however, change to your regional organization publication to get a contractor to do similar companies for your ex-small business house.

Conduct some research

Research ads the fact that looks constantly a few days right after full week. Know what can make this kind of advertisements capture your current interest. Perform they point out a profit? Could they be arranged off in some manner from some other advertisements with the webpage? Are that they simple to place simply because they drop instantly below a good group started inside the labeled section as well as near the main the top of adverts with an internet look for?

Create the initial words count number

The 1st a number of advertising within your grouped craigslist ad job just like an act really does for a screen ad. They have to stop the reader's eyes from relocating along or simply over the site and create all of them need to understand the remaining ad. To achieve that, those initial couple for phrases should say to viewers the most crucial gain your own personal merchandise or service plan provides. Inside online pay-per-click advertisings, the actual ad really should reveal while carefully seeing that possible the particular terms typically the searcher entered into often the internet search engine.

Maintain the advertisement brief and even explicit

Great classified advertising is such as some telegram: limited, crystal clear together with ordering. Throughout a like couple of thoughts as you can, ascertain whatever you offer, who also have to buy it all, why they ought to buy it again from anyone these days, and how to get in touch with you. Always be careful, although, not in order to reduce way too many texts out about a good advert which will turn up in the printer. The readers received not have the ability to click on to obtain more info inside a publications offer.

Obtain another person's viewpoint about the exact ad.

No matter if you're making a posting for a journal and also with regard to web-based employ, request numerous individuals who are going, to be honest along with you to read the very listing. Right after they already have to go through it keep these things let you actually selling, if the ad will make them prefer to contact you actually. Whether they have trouble responding to individuals queries, reword the main craigslist ad.

Allow it to be believable as well as suitable

These customers are far more educated and much more skeptical compared to consumers actually were during the past. If your personal ad noises like you might be offering something too excellent to possibly be correct, the majority of people will certainly bypass correct more than your individual advertisement. In addition in case you help to make unproven earnings promises or possibly wellness states which are not substantiated through technological proof, people could obtain your self throughout trouble using the law. In order to win users and prevent problems, will sell using details, definitely not buzz.

Search for your company competitors

Promote in the similar publications and also identical online multimedia that the rivals perform. Appear through the year's really worth of back again issues of the publication. In case competitors happen to be advertising continually in which will guide regarding a yr, it's probably a decent spot to place your company's advertising, far too. Attempt to know what keywords the competitors are utilizing to advertise their whole online businesses. Utilize comparable key phrases in your classified ads.

Try out your advert in many magazines

2 journals that appear to often be targeted at the actual same audience won't always produce similar results. A Lengthy Tropical isle artist who has received zero reaction by promotions used in one particular monthly classified, for example, acquired several answers out of commercials in the contending ebook with the exact community. The only method to inform you which often guides might be best intended for you would be to test your offer around several. Check your ads in numerous places on the internet, very. A posting which works on the search engines may or may never focus on Myspace, Ask, or even LinkedIn.

Avoid intending to help make an eliminating with a single ad

Operate each listing long sufficient to provide this a reasonable attempt. Getting your internet business craigslist ad surface regularly forms brand reputation along with talks potential customers your own business is not really a fly-by-night firm.

[hardcorearchitecture]

I was recently interviewed by Kira Schneider for the German website Intro. If you can read German, check out the interview here. For English readers, here are the responses that I sent Kira before they were edited and translated. It’s a pretty long read for a Tumblr post but it was nice to be asked some new questions about this project. Enjoy! Kira Schneider: Since a lot of things are now mostly happening online for young bands, do you think digging through online archives will be equally as alluring in, say, 2050 as looking at their old homes? All we are potentially going to be left with is ancient bandcamp.com accounts, if you look at today’s Maximum Rock’n’Roll (MRR) website.

Marc Fischer: It's true—you can't do a project like this with most new demos; what used to be a tape you mailed away for is now a link on Bandcamp or Soundcloud. There's no home address and often no need to contact a band to hear their music. I'm not optimistic about a lot of web-based content still being accessible online 50 years from now or even 10 years from now. I do like the idea, however, of a bunch of 65-year olds reaching out to people forty years from now to ask if they happened to download some band's stuff off Bandcamp back in the year 2017 and if they could share it with them. People will always want to hunt down sounds that excited them in the past or that they are curious about based on hearing something many years after the fact. Many accounts or websites for all sorts of things have vanished once the people that made them lost interest and moved on. The web isn't being archived all that well.

If you want people to uncover your work in the future, turn it into something tangible. This is part of why I make printed things and not just web-based projects. I like posting things on Tumblr but I don't trust it to be around 30 years from now.

Has anyone ever reached out to you from a town you posted about, someone who recognised their neighbourhood, or maybe even a resident of one of the houses?

I try to pay attention to comments people make when they reply to a post or reblog things on Tumblr. Some cities are fairly well represented but for other places that had far fewer bands, it's a big deal to people from that region when I uncover a band from their town in Montana or North Carolina. People that live in smaller cities get excited to see their town represented at all. I've seen cases where people recognize a house as being within blocks of where they live, even though they've never heard of the band.

I have learned that some band members still live in the houses that are included in the project from a cassette they released in 1986. In some cases, people's parents have either died or moved out, and left or sold their homes to the children. So someone's house from when they were 17 years old, may now be their house once again at the age of 47. Some people's parents also still live in these homes. I have yet to receive any emails from current residents that are not a member of one of the bands. I love when Google Street View reveals current residents and neighbors hanging out on the lawn or sitting on the curb in front of a house that someone from a band like Rotting Humans once lived in.

Have you talked about the project with any of the people who ran Maximum Rock’n’Roll back in the day?

Not really. Back in the late 1980s I corresponded with Martin Sprouse and Chris Dodge from MRR but I lost touch with both of them. I did get a nice note from Chris asking me to let him know when I started finding houses associated with his record and demo tape reviews. Chris was one of the funnier and more creative reviewers for MRR and a number of his reviews from the late 1980s are quoted on the blog.

What are your thoughts on what MRR is doing these days?

I have done a poor job of keeping up with the music that MRR covers, and there have been long stretches of time when I did not pay attention to MRR itself. This project made me curious again, and I recently met and interviewed Grace Ambrose (one of the current coordinators) for a Hardcore Architecture publication. I think she's been doing a fantastic job and talking to her helped clarify how the magazine has evolved during the years when I wasn't reading it much. MRR looks better than ever, the quality of the writing and depth of the interviews is generally improved, the reviews are longer and more detailed than the issues I was reading in the 1980s and early 90s, and the array of people that are making the magazine is far more diverse. My project, so far, has focused on the 1980s, which means that it's from the period when MRR was almost entirely white guys writing about music made by other white guys. This is much less the case now, which is refreshing. 

Did running the Hardcore Architecture blog ever result in anything unexpected?

I assumed that Hardcore Architecture would be interesting to people that listen to this music but I did not give much thought to what the people that played in the bands might think, or even if they would find out about the project. I was pleasantly surprised to see so many members of these bands talking about the project on social media. It was an unexpected pleasure to see how much they enjoyed being included. I was worried people would be angry to see their childhood homes shown and that has not been the case. I also did not expect to have so many email exchanges with band members. I've made some great friends through doing this work.

Hardcore Architecture, to me, establishes a completely new visual narrative around youth and subcultures - we get to see the roots of those bands completely detached from the aesthetic and the message they choose to convey. How does this change the perception of those bands, what are your observations?

One has to be cautious in making assumptions about bands and their music based on images of where they lived that were captured 25-30 years after the fact. Some parts of the country have changed very little, whereas other cities like New York and San Francisco have since become so expensive that certain neighborhoods are impossible to imagine as places where underground music might take shape. America is a huge country and a home that looks extravagant in one part of the country might cost 1/5th of what a home 1/3rd the size might sell for in Los Angeles.

That said, it's also true that kids in affluent suburbs may have had more time, space, and resources to do things like play in a commercially unviable hardcore band - sometimes with a lot of support from their parents. I wasn't in a band but I published a music 'zine as a teenager and it was mostly printed on weekends on the photocopier at the brokerage firm that my dad worked for. My dad and I didn't agree on much politically, or when it came to music, but he was supportive of my art. He also mailed out most of my 'zines using the firm's postage meter. I think he liked scamming his employer for my benefit. Anti-authoritarian art and music happens in a lot of curious ways, with some unlikely forms of support. I think the project has teased out more of these stories about how parents sometimes encouraged this music, which is something that's very unpopular to talk about and almost never shows up in bands' lyrics. I currently work with public high school students in Chicago and some of them like music and play instruments but their lives are much too hard for them to also be in a band. Simply surviving and helping their families takes all of their energy.

Something about Hardcore Architecture is so incredibly nostalgic - how would you pinpoint where exactly that stems from? The fact that the cradles of bands we know and watch today are still out there, somewhere? Or some palpable evidence that all those bands, known or not, were once just small-town teens at some point, something we blend out when reminiscing over stylised concert photographs?

Music fans love geeking out about the past and hanging on for dear life to memories of bands they got to see 'back in the day' and records they bought when they came out, before they became rare and expensive. I don't think people that listen to hardcore and punk rock are immune to that, and they are probably even worse about it than the average person that loves music. I think it's healthy to remind people that the dudes in that legendary rad band you love had someone in the group that grew up in a big fancy house in a scenic suburb with lots of nice trees. Maybe it helps shatter the romantic stuff a little bit? Everyone is from somewhere, and it's not always as interesting as people like to imagine. Or maybe it's more interesting that they could make something extraordinary and angry in such uninspired or comfortable conditions?

Hardcore Architecture is, in a sense, also a testimonial that your origins don’t necessarily define you, and in this, a bit of a monument for DIY culture. Where do you see the same kind of rebellious, anti-authoritarian DIY spirit in today’s young people?

I live in Chicago, which has a thriving DIY music scene that is doing some radical things, but I tend to think more about the fearlessness of the young people of color here that are protesting police violence, protesting the current administration in the extremely White House—that they were not old enough to vote against—protesting immigration laws, and putting their bodies on the line to disrupt business as usual. I recently took part in a youth march against the racist, rapist that was elected President and I was one of only a few adults. At one point a kid who was probably 12 years old was leading a march, which certainly had no permit. These kids figured out how to get downtown (many of the high school students I work with have never been on public transit because their parents are afraid to let them leave their neighborhood) and—without any parental guardians—they are out protesting and leading protests. That was an amazing thing to experience. One of the chants I particularly love is, "We're young. We're strong. We'll be here all night long!"

What’s also interesting to me as a European is that we see lots of intensely American suburbia on Hardcore Architecture, and to most people outside the US, the American suburbs are a dreamscape of their own since we only ever come across them in movies, in art or in literature: the suburbs are either the all-american, sunny paradise, or a nightmare in disguise alà David Lynch or Gregory Crewdson, so there is a whole new dimension to your project if it’s viewed from an non-American perspective. Have you ever thought about this aspect?

I grew up in the suburbs of Philadelphia and a lot of the houses on the Hardcore Architecture blog could be something like my parents' house. There are regional differences in some of the kinds of architecture and living situations, however, and I think the project helps reveal that to people that may have never visited or seen much of the US. I never thought of the suburbs as a dreamscape, or a paradise, or a nightmare. All of those things are more interesting than the suburbs I grew up in! The problem was always to dig for the imaginative, radical, subcultural weirdness - which was usually hiding in record stores in the 1980s, or in bookstores and maybe in college libraries, or in video rental stores that had non-mainstream films and documentaries. It is very different with the internet. In the 1980s I primarily escaped the suburbs by corresponding with people all over the world who shared by values and interests, via postal mail. Taking the train into downtown Philadelphia also helped.

Since hardcore and punk music is inherently political, I hope you don’t mind this (probably) painful question: how do you feel about 2017s USA? Is there any hope for the States?

Some of these struggles are not new, but a lot of people with terrible beliefs are now feeling galvanized by the new administration. Living in Chicago, there is a ton of resistance to the recently elected fascist fuck, and that gives me hope. I see a lot of people all over the US, including my mom and sister, becoming more politically active than they have ever been. It is very disturbing time, however, make no mistake. I don't sleep well. Most of my friends can't sleep either. Protest and organizing meetings have become a more normal part of my life. When people in stores ask how I'm doing, I'm more inclined to admit that I feel sick and will tell them why. People need to share their anger and not pretend that things are okay. We need to rearrange our lives, and help the vulnerable. Immigrants and refugees particularly need our support. White Americans needs to step up and fight for those who can't resist as safely. 

[aretia]

Can I Trademark A Logo On A Shirt?

One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.

In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.

Can You Put Copyrighted Logos on T-Shirts?

After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.

1. The best practice is to create an original design.

The best way to avoid copyright and trademarks is to create an original design. If you come up with a design that’s truly your own, and you haven’t based it off of anything else or made it look similar to an existing design, you can feel pretty comfortable that you’re not violating anyone’s trademark or copyright. It can be harder to come up with something that’s unique to you, especially with so many designs already on the market, but it’s still certainly possible to create a unique design to sell on your t-shirts. When you do that, you greatly lower your risk of having someone try to get you into trouble for a copyright or trademark violation.

2. Copyright and trademark are not the same things.

Many people use the terms copyright and trademark interchangeably, but the terms aren’t identical. In short, trademarks are for terms, symbols, and names. A copyright is used for original creative works, like movies, books, paintings, songs, web content, and choreography. If you’re putting a company’s name on a t-shirt without permission, you’re violating their trademark. Song lyrics? That’s a copyright violation.

For more information about copyright and trademark, visit the United States Copyright Office and the United States Patent and Trademark Office, respectively.

3. Know the rules when designing t-shirts.

You can use flags, national symbols, the likenesses of political figures, and coats of arms wherever you like. These aren’t protected by copyright or trademark, and you won’t face a lawsuit over putting them on a shirt. If there’s a famous picture of those things, though, don’t use the picture. While the images in the picture might be fair to use, the photograph itself is going to be protected. Also, don’t use famous, recognizable characters on your shirts. Those are all protected, and you’ll likely face legal action.

There’s one exception, though. “Fair Use” allows for parodies, so if you’re making parody t-shirts, you can generally get away with using famous characters that others can recognize. Just make sure it’s clear what you’re doing, and avoid being too offensive. The parody opportunity isn’t just for people and characters. It also extends to things like logos, so you’re free to use those in the same manner, as well. If you’re planning on using a picture you found on the internet or a famous quote, those can be okay in some cases. Before you use them, be sure to learn where they came from and how to credit them properly.

4. Is it trademark or copyright infringement? Knowing the facts can protect you.

That picture you found on the internet might make a great t-shirt, and the quote from your favorite actor may really speak to you. Still, using these things on a shirt can get you into trouble if you don’t do it the right way. Famous quotes, for example, are generally all right to use, as long as you attribute them properly. Put the quoted person’s name on the shirt in much smaller print, or add it to the product description on your website. The author could pursue you, but they aren’t likely to do so.

For internet pictures, there are some sites that offer photos free for commercial use, as long as the owner of the photo gets credited. Most sites don’t offer that though, so if you want to use those photos, make sure you track down the true owner and get written permission to use the photo for commercial purposes. That can protect you from any legal problems you might otherwise face, and is the only safe way to use a photo in your t-shirt design. For more information on attribution and different licenses, check out Creative Commons.

Also consider the Right of Publicity, which states that people have the right to control the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could be facing a lawsuit. With all the risks you take to use the work and likenesses of others, creating and using your own t-shirt designs is the best option.

Register for Copyright Protection

As an artist or designer, you own the copyright to your visual artwork upon its creation, according to the United States Copyright Act of 1976. To enjoy the maximum copyright protection available under law, register your works of visual art with the United States Copyright Office at copyright.gov. At the site, create an online account with the Electronic Copyright Office. Once your account is live, fill out the online copyright registration application, pay a $35 fee and upload a copy of your T-shirt logo. The copyright office sends an electronic receipt. Upon completion of the copyright registration process, a paper registration certificate is mailed to you. You can log in to the Electronic Copyright Office site at any time to check the status of your application for copyright registration. You may also mail in your application for copyright registration for a fee.

Licensing Agreements

You can print copyrighted logos that you don’t own on t-shirts only if you are party to a licensing agreement with the owner of the copyright. Licensing agreements are standard practice in the imprinted t-shirt industry; for example, a printer must have a licensing agreement or other written permission to print professional sports logos. Licensing agreements spell out the terms that the logo owner grants to the printer or marketer of t-shirts, including payment, dates of use and printing specifications. The Graphic Artists Guild and AIGA, the professional association for design, both offer boilerplate licensing agreement templates to their members.

Satire Or Parody

It is legal to create an image that is a parody of a logo and print it on a t-shirt because the U.S. Copyright Office allows parody as fair use of copyrighted works. The right to parody exists as a protected form of free speech; for example, Mad magazine creates parodies of popular movies and political figures. In the case of a parody that closely resembles a copyrighted logo, you could be accused of copyright infringement, as the law leaves room for subjective decisions on fair use and the right to parody. You can register parody images you create with the Copyright Office, or obtain a license to print parody images from their owners.

Copyright Infringement

If you are accused of copyright infringement, the owner of the copyright can sue you for actual or statutory damages, whichever is greater. If the owner of the logo did not register her artwork for copyright protection, she can legally stop you from printing the logo, but won’t be able to sue you for maximum damages. Upon receipt of a cease-and-desist letter from a copyright owner or her lawyer, immediately stop printing the logo on t-shirts.

What happens when you violate a trademark/copyright?

You will generally receive a cease and desist letter by email and/or registered mail by an attorney who represents the trademark owner. This letter will inform you that you have violated a trademark/copyright and will include a copy of the trademark and screenshots of the design that violate their trademark.

The cease and desist will request that you immediately cease and desist of all the infringing designs as well as immediately cease all plans for the production, marketing, or manufacturing.

The letter will usually request that within 10 days that the following details be provided or confirmed:

• Detailed list of all stores online and physical which you currently or have marketed the infringing goods and including contact information for all those locations

• Full accounting of all the sales you made with the infringing goods

• The name/contact information of the designer if it wasn’t you

• List of what stock remains of all infringing goods

• Copies of all marketing materials

• Confirmation that all advertisements and/or references to the design on or off your website as well as any 3rd party websites who may have posted your products online.

• Written assurance that you will no longer use the trademark or try and register that trademark.

Providing the information above will not waive the trademark owners rights to take legal action against you. The information above provides the legal counsel and the trademark owner the information to make a decision of what to do next. Most trademark owners prefer to settle out of court. It is common that trademark owners request that you sign an agreement that states you acknowledge what you did, that the statements you made are accurate, and if you are caught lying or ever sell more products with the trademark that they will take legal action against you.

Along with the agreement, the trademark owner will often request you pay them the profits you made from selling their trademarked design and/or additional penalty fees. Even if you have only sold a few t-shirts with an infringing design the requested payment amount is frequently from $1000-$20,000. If you have potentially infringed on a trademark you have a choice to make. Your options are to pay the amount they request for damages, attempt to negotiate a different damages payment or take the chance the trademark owner will take you to court in their state which will cost you at minimum $10,000 to get started. The amount required to defend yourself can get very expensive and if you lose you, it is likely that you will need to pay the trademark owners legal fees plus whatever damages were assigned. There are lots of grey areas in trademark/copyright law and unfortunately it isn’t always about being right or wrong. If you don’t have the time, money or resources to fight a trademark/copyright accusation your best bet is to pay the requested damages amount to avoid having to go to court.

Logo Trademark Attorney Free Consultation

When you need help with a trademark, logo, or other intellectual property law matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

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Source: https://www.ascentlawfirm.com/can-i-trademark-a-logo-on-a-shirt/

[asafeatherwould]

Can I Trademark A Logo On A Shirt?

One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.

In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.

Can You Put Copyrighted Logos on T-Shirts?

After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.

1. The best practice is to create an original design.

The best way to avoid copyright and trademarks is to create an original design. If you come up with a design that’s truly your own, and you haven’t based it off of anything else or made it look similar to an existing design, you can feel pretty comfortable that you’re not violating anyone’s trademark or copyright. It can be harder to come up with something that’s unique to you, especially with so many designs already on the market, but it’s still certainly possible to create a unique design to sell on your t-shirts. When you do that, you greatly lower your risk of having someone try to get you into trouble for a copyright or trademark violation.

2. Copyright and trademark are not the same things.

Many people use the terms copyright and trademark interchangeably, but the terms aren’t identical. In short, trademarks are for terms, symbols, and names. A copyright is used for original creative works, like movies, books, paintings, songs, web content, and choreography. If you’re putting a company’s name on a t-shirt without permission, you’re violating their trademark. Song lyrics? That’s a copyright violation.

For more information about copyright and trademark, visit the United States Copyright Office and the United States Patent and Trademark Office, respectively.

3. Know the rules when designing t-shirts.

You can use flags, national symbols, the likenesses of political figures, and coats of arms wherever you like. These aren’t protected by copyright or trademark, and you won’t face a lawsuit over putting them on a shirt. If there’s a famous picture of those things, though, don’t use the picture. While the images in the picture might be fair to use, the photograph itself is going to be protected. Also, don’t use famous, recognizable characters on your shirts. Those are all protected, and you’ll likely face legal action.

There’s one exception, though. “Fair Use” allows for parodies, so if you’re making parody t-shirts, you can generally get away with using famous characters that others can recognize. Just make sure it’s clear what you’re doing, and avoid being too offensive. The parody opportunity isn’t just for people and characters. It also extends to things like logos, so you’re free to use those in the same manner, as well. If you’re planning on using a picture you found on the internet or a famous quote, those can be okay in some cases. Before you use them, be sure to learn where they came from and how to credit them properly.

4. Is it trademark or copyright infringement? Knowing the facts can protect you.

That picture you found on the internet might make a great t-shirt, and the quote from your favorite actor may really speak to you. Still, using these things on a shirt can get you into trouble if you don’t do it the right way. Famous quotes, for example, are generally all right to use, as long as you attribute them properly. Put the quoted person’s name on the shirt in much smaller print, or add it to the product description on your website. The author could pursue you, but they aren’t likely to do so.

For internet pictures, there are some sites that offer photos free for commercial use, as long as the owner of the photo gets credited. Most sites don’t offer that though, so if you want to use those photos, make sure you track down the true owner and get written permission to use the photo for commercial purposes. That can protect you from any legal problems you might otherwise face, and is the only safe way to use a photo in your t-shirt design. For more information on attribution and different licenses, check out Creative Commons.

Also consider the Right of Publicity, which states that people have the right to control the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could be facing a lawsuit. With all the risks you take to use the work and likenesses of others, creating and using your own t-shirt designs is the best option.

Register for Copyright Protection

As an artist or designer, you own the copyright to your visual artwork upon its creation, according to the United States Copyright Act of 1976. To enjoy the maximum copyright protection available under law, register your works of visual art with the United States Copyright Office at copyright.gov. At the site, create an online account with the Electronic Copyright Office. Once your account is live, fill out the online copyright registration application, pay a $35 fee and upload a copy of your T-shirt logo. The copyright office sends an electronic receipt. Upon completion of the copyright registration process, a paper registration certificate is mailed to you. You can log in to the Electronic Copyright Office site at any time to check the status of your application for copyright registration. You may also mail in your application for copyright registration for a fee.

Licensing Agreements

You can print copyrighted logos that you don’t own on t-shirts only if you are party to a licensing agreement with the owner of the copyright. Licensing agreements are standard practice in the imprinted t-shirt industry; for example, a printer must have a licensing agreement or other written permission to print professional sports logos. Licensing agreements spell out the terms that the logo owner grants to the printer or marketer of t-shirts, including payment, dates of use and printing specifications. The Graphic Artists Guild and AIGA, the professional association for design, both offer boilerplate licensing agreement templates to their members.

Satire Or Parody

It is legal to create an image that is a parody of a logo and print it on a t-shirt because the U.S. Copyright Office allows parody as fair use of copyrighted works. The right to parody exists as a protected form of free speech; for example, Mad magazine creates parodies of popular movies and political figures. In the case of a parody that closely resembles a copyrighted logo, you could be accused of copyright infringement, as the law leaves room for subjective decisions on fair use and the right to parody. You can register parody images you create with the Copyright Office, or obtain a license to print parody images from their owners.

Copyright Infringement

If you are accused of copyright infringement, the owner of the copyright can sue you for actual or statutory damages, whichever is greater. If the owner of the logo did not register her artwork for copyright protection, she can legally stop you from printing the logo, but won’t be able to sue you for maximum damages. Upon receipt of a cease-and-desist letter from a copyright owner or her lawyer, immediately stop printing the logo on t-shirts.

What happens when you violate a trademark/copyright?

You will generally receive a cease and desist letter by email and/or registered mail by an attorney who represents the trademark owner. This letter will inform you that you have violated a trademark/copyright and will include a copy of the trademark and screenshots of the design that violate their trademark.

The cease and desist will request that you immediately cease and desist of all the infringing designs as well as immediately cease all plans for the production, marketing, or manufacturing.

The letter will usually request that within 10 days that the following details be provided or confirmed:

• Detailed list of all stores online and physical which you currently or have marketed the infringing goods and including contact information for all those locations

• Full accounting of all the sales you made with the infringing goods

• The name/contact information of the designer if it wasn’t you

• List of what stock remains of all infringing goods

• Copies of all marketing materials

• Confirmation that all advertisements and/or references to the design on or off your website as well as any 3rd party websites who may have posted your products online.

• Written assurance that you will no longer use the trademark or try and register that trademark.

Providing the information above will not waive the trademark owners rights to take legal action against you. The information above provides the legal counsel and the trademark owner the information to make a decision of what to do next. Most trademark owners prefer to settle out of court. It is common that trademark owners request that you sign an agreement that states you acknowledge what you did, that the statements you made are accurate, and if you are caught lying or ever sell more products with the trademark that they will take legal action against you.

Along with the agreement, the trademark owner will often request you pay them the profits you made from selling their trademarked design and/or additional penalty fees. Even if you have only sold a few t-shirts with an infringing design the requested payment amount is frequently from $1000-$20,000. If you have potentially infringed on a trademark you have a choice to make. Your options are to pay the amount they request for damages, attempt to negotiate a different damages payment or take the chance the trademark owner will take you to court in their state which will cost you at minimum $10,000 to get started. The amount required to defend yourself can get very expensive and if you lose you, it is likely that you will need to pay the trademark owners legal fees plus whatever damages were assigned. There are lots of grey areas in trademark/copyright law and unfortunately it isn’t always about being right or wrong. If you don’t have the time, money or resources to fight a trademark/copyright accusation your best bet is to pay the requested damages amount to avoid having to go to court.

Logo Trademark Attorney Free Consultation

When you need help with a trademark, logo, or other intellectual property law matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

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Can A Chapter 7 Trustee Sell My House?

Agency Adoptions In Utah

Child Custody And Taxes

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Probate Lawyer Lindon Utah

Source: https://www.ascentlawfirm.com/can-i-trademark-a-logo-on-a-shirt/

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Can I Trademark A Logo On A Shirt?

One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.

In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.

Can You Put Copyrighted Logos on T-Shirts?

After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.

1. The best practice is to create an original design.

The best way to avoid copyright and trademarks is to create an original design. If you come up with a design that’s truly your own, and you haven’t based it off of anything else or made it look similar to an existing design, you can feel pretty comfortable that you’re not violating anyone’s trademark or copyright. It can be harder to come up with something that’s unique to you, especially with so many designs already on the market, but it’s still certainly possible to create a unique design to sell on your t-shirts. When you do that, you greatly lower your risk of having someone try to get you into trouble for a copyright or trademark violation.

2. Copyright and trademark are not the same things.

Many people use the terms copyright and trademark interchangeably, but the terms aren’t identical. In short, trademarks are for terms, symbols, and names. A copyright is used for original creative works, like movies, books, paintings, songs, web content, and choreography. If you’re putting a company’s name on a t-shirt without permission, you’re violating their trademark. Song lyrics? That’s a copyright violation.

For more information about copyright and trademark, visit the United States Copyright Office and the United States Patent and Trademark Office, respectively.

3. Know the rules when designing t-shirts.

You can use flags, national symbols, the likenesses of political figures, and coats of arms wherever you like. These aren’t protected by copyright or trademark, and you won’t face a lawsuit over putting them on a shirt. If there’s a famous picture of those things, though, don’t use the picture. While the images in the picture might be fair to use, the photograph itself is going to be protected. Also, don’t use famous, recognizable characters on your shirts. Those are all protected, and you’ll likely face legal action.

There’s one exception, though. “Fair Use” allows for parodies, so if you’re making parody t-shirts, you can generally get away with using famous characters that others can recognize. Just make sure it’s clear what you’re doing, and avoid being too offensive. The parody opportunity isn’t just for people and characters. It also extends to things like logos, so you’re free to use those in the same manner, as well. If you’re planning on using a picture you found on the internet or a famous quote, those can be okay in some cases. Before you use them, be sure to learn where they came from and how to credit them properly.

4. Is it trademark or copyright infringement? Knowing the facts can protect you.

That picture you found on the internet might make a great t-shirt, and the quote from your favorite actor may really speak to you. Still, using these things on a shirt can get you into trouble if you don’t do it the right way. Famous quotes, for example, are generally all right to use, as long as you attribute them properly. Put the quoted person’s name on the shirt in much smaller print, or add it to the product description on your website. The author could pursue you, but they aren’t likely to do so.

For internet pictures, there are some sites that offer photos free for commercial use, as long as the owner of the photo gets credited. Most sites don’t offer that though, so if you want to use those photos, make sure you track down the true owner and get written permission to use the photo for commercial purposes. That can protect you from any legal problems you might otherwise face, and is the only safe way to use a photo in your t-shirt design. For more information on attribution and different licenses, check out Creative Commons.

Also consider the Right of Publicity, which states that people have the right to control the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could be facing a lawsuit. With all the risks you take to use the work and likenesses of others, creating and using your own t-shirt designs is the best option.

Register for Copyright Protection

As an artist or designer, you own the copyright to your visual artwork upon its creation, according to the United States Copyright Act of 1976. To enjoy the maximum copyright protection available under law, register your works of visual art with the United States Copyright Office at copyright.gov. At the site, create an online account with the Electronic Copyright Office. Once your account is live, fill out the online copyright registration application, pay a $35 fee and upload a copy of your T-shirt logo. The copyright office sends an electronic receipt. Upon completion of the copyright registration process, a paper registration certificate is mailed to you. You can log in to the Electronic Copyright Office site at any time to check the status of your application for copyright registration. You may also mail in your application for copyright registration for a fee.

Licensing Agreements

You can print copyrighted logos that you don’t own on t-shirts only if you are party to a licensing agreement with the owner of the copyright. Licensing agreements are standard practice in the imprinted t-shirt industry; for example, a printer must have a licensing agreement or other written permission to print professional sports logos. Licensing agreements spell out the terms that the logo owner grants to the printer or marketer of t-shirts, including payment, dates of use and printing specifications. The Graphic Artists Guild and AIGA, the professional association for design, both offer boilerplate licensing agreement templates to their members.

Satire Or Parody

It is legal to create an image that is a parody of a logo and print it on a t-shirt because the U.S. Copyright Office allows parody as fair use of copyrighted works. The right to parody exists as a protected form of free speech; for example, Mad magazine creates parodies of popular movies and political figures. In the case of a parody that closely resembles a copyrighted logo, you could be accused of copyright infringement, as the law leaves room for subjective decisions on fair use and the right to parody. You can register parody images you create with the Copyright Office, or obtain a license to print parody images from their owners.

Copyright Infringement

If you are accused of copyright infringement, the owner of the copyright can sue you for actual or statutory damages, whichever is greater. If the owner of the logo did not register her artwork for copyright protection, she can legally stop you from printing the logo, but won’t be able to sue you for maximum damages. Upon receipt of a cease-and-desist letter from a copyright owner or her lawyer, immediately stop printing the logo on t-shirts.

What happens when you violate a trademark/copyright?

You will generally receive a cease and desist letter by email and/or registered mail by an attorney who represents the trademark owner. This letter will inform you that you have violated a trademark/copyright and will include a copy of the trademark and screenshots of the design that violate their trademark.

The cease and desist will request that you immediately cease and desist of all the infringing designs as well as immediately cease all plans for the production, marketing, or manufacturing.

The letter will usually request that within 10 days that the following details be provided or confirmed:

• Detailed list of all stores online and physical which you currently or have marketed the infringing goods and including contact information for all those locations

• Full accounting of all the sales you made with the infringing goods

• The name/contact information of the designer if it wasn’t you

• List of what stock remains of all infringing goods

• Copies of all marketing materials

• Confirmation that all advertisements and/or references to the design on or off your website as well as any 3rd party websites who may have posted your products online.

• Written assurance that you will no longer use the trademark or try and register that trademark.

Providing the information above will not waive the trademark owners rights to take legal action against you. The information above provides the legal counsel and the trademark owner the information to make a decision of what to do next. Most trademark owners prefer to settle out of court. It is common that trademark owners request that you sign an agreement that states you acknowledge what you did, that the statements you made are accurate, and if you are caught lying or ever sell more products with the trademark that they will take legal action against you.

Along with the agreement, the trademark owner will often request you pay them the profits you made from selling their trademarked design and/or additional penalty fees. Even if you have only sold a few t-shirts with an infringing design the requested payment amount is frequently from $1000-$20,000. If you have potentially infringed on a trademark you have a choice to make. Your options are to pay the amount they request for damages, attempt to negotiate a different damages payment or take the chance the trademark owner will take you to court in their state which will cost you at minimum $10,000 to get started. The amount required to defend yourself can get very expensive and if you lose you, it is likely that you will need to pay the trademark owners legal fees plus whatever damages were assigned. There are lots of grey areas in trademark/copyright law and unfortunately it isn’t always about being right or wrong. If you don’t have the time, money or resources to fight a trademark/copyright accusation your best bet is to pay the requested damages amount to avoid having to go to court.

Logo Trademark Attorney Free Consultation

When you need help with a trademark, logo, or other intellectual property law matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/can-i-trademark-a-logo-on-a-shirt/

[melissawalker01]

Can I Trademark A Logo On A Shirt?

One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.

In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.

Can You Put Copyrighted Logos on T-Shirts?

After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.

1. The best practice is to create an original design.

The best way to avoid copyright and trademarks is to create an original design. If you come up with a design that’s truly your own, and you haven’t based it off of anything else or made it look similar to an existing design, you can feel pretty comfortable that you’re not violating anyone’s trademark or copyright. It can be harder to come up with something that’s unique to you, especially with so many designs already on the market, but it’s still certainly possible to create a unique design to sell on your t-shirts. When you do that, you greatly lower your risk of having someone try to get you into trouble for a copyright or trademark violation.

2. Copyright and trademark are not the same things.

Many people use the terms copyright and trademark interchangeably, but the terms aren’t identical. In short, trademarks are for terms, symbols, and names. A copyright is used for original creative works, like movies, books, paintings, songs, web content, and choreography. If you’re putting a company’s name on a t-shirt without permission, you’re violating their trademark. Song lyrics? That’s a copyright violation.

For more information about copyright and trademark, visit the United States Copyright Office and the United States Patent and Trademark Office, respectively.

3. Know the rules when designing t-shirts.

You can use flags, national symbols, the likenesses of political figures, and coats of arms wherever you like. These aren’t protected by copyright or trademark, and you won’t face a lawsuit over putting them on a shirt. If there’s a famous picture of those things, though, don’t use the picture. While the images in the picture might be fair to use, the photograph itself is going to be protected. Also, don’t use famous, recognizable characters on your shirts. Those are all protected, and you’ll likely face legal action.

There’s one exception, though. “Fair Use” allows for parodies, so if you’re making parody t-shirts, you can generally get away with using famous characters that others can recognize. Just make sure it’s clear what you’re doing, and avoid being too offensive. The parody opportunity isn’t just for people and characters. It also extends to things like logos, so you’re free to use those in the same manner, as well. If you’re planning on using a picture you found on the internet or a famous quote, those can be okay in some cases. Before you use them, be sure to learn where they came from and how to credit them properly.

4. Is it trademark or copyright infringement? Knowing the facts can protect you.

That picture you found on the internet might make a great t-shirt, and the quote from your favorite actor may really speak to you. Still, using these things on a shirt can get you into trouble if you don’t do it the right way. Famous quotes, for example, are generally all right to use, as long as you attribute them properly. Put the quoted person’s name on the shirt in much smaller print, or add it to the product description on your website. The author could pursue you, but they aren’t likely to do so.

For internet pictures, there are some sites that offer photos free for commercial use, as long as the owner of the photo gets credited. Most sites don’t offer that though, so if you want to use those photos, make sure you track down the true owner and get written permission to use the photo for commercial purposes. That can protect you from any legal problems you might otherwise face, and is the only safe way to use a photo in your t-shirt design. For more information on attribution and different licenses, check out Creative Commons.

Also consider the Right of Publicity, which states that people have the right to control the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could be facing a lawsuit. With all the risks you take to use the work and likenesses of others, creating and using your own t-shirt designs is the best option.

Register for Copyright Protection

As an artist or designer, you own the copyright to your visual artwork upon its creation, according to the United States Copyright Act of 1976. To enjoy the maximum copyright protection available under law, register your works of visual art with the United States Copyright Office at copyright.gov. At the site, create an online account with the Electronic Copyright Office. Once your account is live, fill out the online copyright registration application, pay a $35 fee and upload a copy of your T-shirt logo. The copyright office sends an electronic receipt. Upon completion of the copyright registration process, a paper registration certificate is mailed to you. You can log in to the Electronic Copyright Office site at any time to check the status of your application for copyright registration. You may also mail in your application for copyright registration for a fee.

Licensing Agreements

You can print copyrighted logos that you don’t own on t-shirts only if you are party to a licensing agreement with the owner of the copyright. Licensing agreements are standard practice in the imprinted t-shirt industry; for example, a printer must have a licensing agreement or other written permission to print professional sports logos. Licensing agreements spell out the terms that the logo owner grants to the printer or marketer of t-shirts, including payment, dates of use and printing specifications. The Graphic Artists Guild and AIGA, the professional association for design, both offer boilerplate licensing agreement templates to their members.

Satire Or Parody

It is legal to create an image that is a parody of a logo and print it on a t-shirt because the U.S. Copyright Office allows parody as fair use of copyrighted works. The right to parody exists as a protected form of free speech; for example, Mad magazine creates parodies of popular movies and political figures. In the case of a parody that closely resembles a copyrighted logo, you could be accused of copyright infringement, as the law leaves room for subjective decisions on fair use and the right to parody. You can register parody images you create with the Copyright Office, or obtain a license to print parody images from their owners.

Copyright Infringement

If you are accused of copyright infringement, the owner of the copyright can sue you for actual or statutory damages, whichever is greater. If the owner of the logo did not register her artwork for copyright protection, she can legally stop you from printing the logo, but won’t be able to sue you for maximum damages. Upon receipt of a cease-and-desist letter from a copyright owner or her lawyer, immediately stop printing the logo on t-shirts.

What happens when you violate a trademark/copyright?

You will generally receive a cease and desist letter by email and/or registered mail by an attorney who represents the trademark owner. This letter will inform you that you have violated a trademark/copyright and will include a copy of the trademark and screenshots of the design that violate their trademark.

The cease and desist will request that you immediately cease and desist of all the infringing designs as well as immediately cease all plans for the production, marketing, or manufacturing.

The letter will usually request that within 10 days that the following details be provided or confirmed:

• Detailed list of all stores online and physical which you currently or have marketed the infringing goods and including contact information for all those locations

• Full accounting of all the sales you made with the infringing goods

• The name/contact information of the designer if it wasn’t you

• List of what stock remains of all infringing goods

• Copies of all marketing materials

• Confirmation that all advertisements and/or references to the design on or off your website as well as any 3rd party websites who may have posted your products online.

• Written assurance that you will no longer use the trademark or try and register that trademark.

Providing the information above will not waive the trademark owners rights to take legal action against you. The information above provides the legal counsel and the trademark owner the information to make a decision of what to do next. Most trademark owners prefer to settle out of court. It is common that trademark owners request that you sign an agreement that states you acknowledge what you did, that the statements you made are accurate, and if you are caught lying or ever sell more products with the trademark that they will take legal action against you.

Along with the agreement, the trademark owner will often request you pay them the profits you made from selling their trademarked design and/or additional penalty fees. Even if you have only sold a few t-shirts with an infringing design the requested payment amount is frequently from $1000-$20,000. If you have potentially infringed on a trademark you have a choice to make. Your options are to pay the amount they request for damages, attempt to negotiate a different damages payment or take the chance the trademark owner will take you to court in their state which will cost you at minimum $10,000 to get started. The amount required to defend yourself can get very expensive and if you lose you, it is likely that you will need to pay the trademark owners legal fees plus whatever damages were assigned. There are lots of grey areas in trademark/copyright law and unfortunately it isn’t always about being right or wrong. If you don’t have the time, money or resources to fight a trademark/copyright accusation your best bet is to pay the requested damages amount to avoid having to go to court.

Logo Trademark Attorney Free Consultation

When you need help with a trademark, logo, or other intellectual property law matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do Divorces Go To Trial?

Can A Chapter 7 Trustee Sell My House?

Agency Adoptions In Utah

Child Custody And Taxes

Name Changes In Utah

Probate Lawyer Lindon Utah

from Michael Anderson https://www.ascentlawfirm.com/can-i-trademark-a-logo-on-a-shirt/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/187684339610

[mayarosa47]

Can I Trademark A Logo On A Shirt?

One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.

In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.

Can You Put Copyrighted Logos on T-Shirts?

After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.

1. The best practice is to create an original design.

The best way to avoid copyright and trademarks is to create an original design. If you come up with a design that’s truly your own, and you haven’t based it off of anything else or made it look similar to an existing design, you can feel pretty comfortable that you’re not violating anyone’s trademark or copyright. It can be harder to come up with something that’s unique to you, especially with so many designs already on the market, but it’s still certainly possible to create a unique design to sell on your t-shirts. When you do that, you greatly lower your risk of having someone try to get you into trouble for a copyright or trademark violation.

2. Copyright and trademark are not the same things.

Many people use the terms copyright and trademark interchangeably, but the terms aren’t identical. In short, trademarks are for terms, symbols, and names. A copyright is used for original creative works, like movies, books, paintings, songs, web content, and choreography. If you’re putting a company’s name on a t-shirt without permission, you’re violating their trademark. Song lyrics? That’s a copyright violation.

For more information about copyright and trademark, visit the United States Copyright Office and the United States Patent and Trademark Office, respectively.

3. Know the rules when designing t-shirts.

You can use flags, national symbols, the likenesses of political figures, and coats of arms wherever you like. These aren’t protected by copyright or trademark, and you won’t face a lawsuit over putting them on a shirt. If there’s a famous picture of those things, though, don’t use the picture. While the images in the picture might be fair to use, the photograph itself is going to be protected. Also, don’t use famous, recognizable characters on your shirts. Those are all protected, and you’ll likely face legal action.

There’s one exception, though. “Fair Use” allows for parodies, so if you’re making parody t-shirts, you can generally get away with using famous characters that others can recognize. Just make sure it’s clear what you’re doing, and avoid being too offensive. The parody opportunity isn’t just for people and characters. It also extends to things like logos, so you’re free to use those in the same manner, as well. If you’re planning on using a picture you found on the internet or a famous quote, those can be okay in some cases. Before you use them, be sure to learn where they came from and how to credit them properly.

4. Is it trademark or copyright infringement? Knowing the facts can protect you.

That picture you found on the internet might make a great t-shirt, and the quote from your favorite actor may really speak to you. Still, using these things on a shirt can get you into trouble if you don’t do it the right way. Famous quotes, for example, are generally all right to use, as long as you attribute them properly. Put the quoted person’s name on the shirt in much smaller print, or add it to the product description on your website. The author could pursue you, but they aren’t likely to do so.

For internet pictures, there are some sites that offer photos free for commercial use, as long as the owner of the photo gets credited. Most sites don’t offer that though, so if you want to use those photos, make sure you track down the true owner and get written permission to use the photo for commercial purposes. That can protect you from any legal problems you might otherwise face, and is the only safe way to use a photo in your t-shirt design. For more information on attribution and different licenses, check out Creative Commons.

Also consider the Right of Publicity, which states that people have the right to control the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could be facing a lawsuit. With all the risks you take to use the work and likenesses of others, creating and using your own t-shirt designs is the best option.

Register for Copyright Protection

As an artist or designer, you own the copyright to your visual artwork upon its creation, according to the United States Copyright Act of 1976. To enjoy the maximum copyright protection available under law, register your works of visual art with the United States Copyright Office at copyright.gov. At the site, create an online account with the Electronic Copyright Office. Once your account is live, fill out the online copyright registration application, pay a $35 fee and upload a copy of your T-shirt logo. The copyright office sends an electronic receipt. Upon completion of the copyright registration process, a paper registration certificate is mailed to you. You can log in to the Electronic Copyright Office site at any time to check the status of your application for copyright registration. You may also mail in your application for copyright registration for a fee.

Licensing Agreements

You can print copyrighted logos that you don’t own on t-shirts only if you are party to a licensing agreement with the owner of the copyright. Licensing agreements are standard practice in the imprinted t-shirt industry; for example, a printer must have a licensing agreement or other written permission to print professional sports logos. Licensing agreements spell out the terms that the logo owner grants to the printer or marketer of t-shirts, including payment, dates of use and printing specifications. The Graphic Artists Guild and AIGA, the professional association for design, both offer boilerplate licensing agreement templates to their members.

Satire Or Parody

It is legal to create an image that is a parody of a logo and print it on a t-shirt because the U.S. Copyright Office allows parody as fair use of copyrighted works. The right to parody exists as a protected form of free speech; for example, Mad magazine creates parodies of popular movies and political figures. In the case of a parody that closely resembles a copyrighted logo, you could be accused of copyright infringement, as the law leaves room for subjective decisions on fair use and the right to parody. You can register parody images you create with the Copyright Office, or obtain a license to print parody images from their owners.

Copyright Infringement

If you are accused of copyright infringement, the owner of the copyright can sue you for actual or statutory damages, whichever is greater. If the owner of the logo did not register her artwork for copyright protection, she can legally stop you from printing the logo, but won’t be able to sue you for maximum damages. Upon receipt of a cease-and-desist letter from a copyright owner or her lawyer, immediately stop printing the logo on t-shirts.

What happens when you violate a trademark/copyright?

You will generally receive a cease and desist letter by email and/or registered mail by an attorney who represents the trademark owner. This letter will inform you that you have violated a trademark/copyright and will include a copy of the trademark and screenshots of the design that violate their trademark.

The cease and desist will request that you immediately cease and desist of all the infringing designs as well as immediately cease all plans for the production, marketing, or manufacturing.

The letter will usually request that within 10 days that the following details be provided or confirmed:

• Detailed list of all stores online and physical which you currently or have marketed the infringing goods and including contact information for all those locations

• Full accounting of all the sales you made with the infringing goods

• The name/contact information of the designer if it wasn’t you

• List of what stock remains of all infringing goods

• Copies of all marketing materials

• Confirmation that all advertisements and/or references to the design on or off your website as well as any 3rd party websites who may have posted your products online.

• Written assurance that you will no longer use the trademark or try and register that trademark.

Providing the information above will not waive the trademark owners rights to take legal action against you. The information above provides the legal counsel and the trademark owner the information to make a decision of what to do next. Most trademark owners prefer to settle out of court. It is common that trademark owners request that you sign an agreement that states you acknowledge what you did, that the statements you made are accurate, and if you are caught lying or ever sell more products with the trademark that they will take legal action against you.

Along with the agreement, the trademark owner will often request you pay them the profits you made from selling their trademarked design and/or additional penalty fees. Even if you have only sold a few t-shirts with an infringing design the requested payment amount is frequently from $1000-$20,000. If you have potentially infringed on a trademark you have a choice to make. Your options are to pay the amount they request for damages, attempt to negotiate a different damages payment or take the chance the trademark owner will take you to court in their state which will cost you at minimum $10,000 to get started. The amount required to defend yourself can get very expensive and if you lose you, it is likely that you will need to pay the trademark owners legal fees plus whatever damages were assigned. There are lots of grey areas in trademark/copyright law and unfortunately it isn’t always about being right or wrong. If you don’t have the time, money or resources to fight a trademark/copyright accusation your best bet is to pay the requested damages amount to avoid having to go to court.

Logo Trademark Attorney Free Consultation

When you need help with a trademark, logo, or other intellectual property law matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do Divorces Go To Trial?

Can A Chapter 7 Trustee Sell My House?

Agency Adoptions In Utah

Child Custody And Taxes

Name Changes In Utah

Probate Lawyer Lindon Utah

from https://www.ascentlawfirm.com/can-i-trademark-a-logo-on-a-shirt/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/can-i-trademark-a-logo-on-a-shirt

[michaeljames1221]

Can I Trademark A Logo On A Shirt?

One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.

In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.

Can You Put Copyrighted Logos on T-Shirts?

After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.

1. The best practice is to create an original design.

The best way to avoid copyright and trademarks is to create an original design. If you come up with a design that’s truly your own, and you haven’t based it off of anything else or made it look similar to an existing design, you can feel pretty comfortable that you’re not violating anyone’s trademark or copyright. It can be harder to come up with something that’s unique to you, especially with so many designs already on the market, but it’s still certainly possible to create a unique design to sell on your t-shirts. When you do that, you greatly lower your risk of having someone try to get you into trouble for a copyright or trademark violation.

2. Copyright and trademark are not the same things.

Many people use the terms copyright and trademark interchangeably, but the terms aren’t identical. In short, trademarks are for terms, symbols, and names. A copyright is used for original creative works, like movies, books, paintings, songs, web content, and choreography. If you’re putting a company’s name on a t-shirt without permission, you’re violating their trademark. Song lyrics? That’s a copyright violation.

For more information about copyright and trademark, visit the United States Copyright Office and the United States Patent and Trademark Office, respectively.

3. Know the rules when designing t-shirts.

You can use flags, national symbols, the likenesses of political figures, and coats of arms wherever you like. These aren’t protected by copyright or trademark, and you won’t face a lawsuit over putting them on a shirt. If there’s a famous picture of those things, though, don’t use the picture. While the images in the picture might be fair to use, the photograph itself is going to be protected. Also, don’t use famous, recognizable characters on your shirts. Those are all protected, and you’ll likely face legal action.

There’s one exception, though. “Fair Use” allows for parodies, so if you’re making parody t-shirts, you can generally get away with using famous characters that others can recognize. Just make sure it’s clear what you’re doing, and avoid being too offensive. The parody opportunity isn’t just for people and characters. It also extends to things like logos, so you’re free to use those in the same manner, as well. If you’re planning on using a picture you found on the internet or a famous quote, those can be okay in some cases. Before you use them, be sure to learn where they came from and how to credit them properly.

4. Is it trademark or copyright infringement? Knowing the facts can protect you.

That picture you found on the internet might make a great t-shirt, and the quote from your favorite actor may really speak to you. Still, using these things on a shirt can get you into trouble if you don’t do it the right way. Famous quotes, for example, are generally all right to use, as long as you attribute them properly. Put the quoted person’s name on the shirt in much smaller print, or add it to the product description on your website. The author could pursue you, but they aren’t likely to do so.

For internet pictures, there are some sites that offer photos free for commercial use, as long as the owner of the photo gets credited. Most sites don’t offer that though, so if you want to use those photos, make sure you track down the true owner and get written permission to use the photo for commercial purposes. That can protect you from any legal problems you might otherwise face, and is the only safe way to use a photo in your t-shirt design. For more information on attribution and different licenses, check out Creative Commons.

Also consider the Right of Publicity, which states that people have the right to control the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could be facing a lawsuit. With all the risks you take to use the work and likenesses of others, creating and using your own t-shirt designs is the best option.

Register for Copyright Protection

As an artist or designer, you own the copyright to your visual artwork upon its creation, according to the United States Copyright Act of 1976. To enjoy the maximum copyright protection available under law, register your works of visual art with the United States Copyright Office at copyright.gov. At the site, create an online account with the Electronic Copyright Office. Once your account is live, fill out the online copyright registration application, pay a $35 fee and upload a copy of your T-shirt logo. The copyright office sends an electronic receipt. Upon completion of the copyright registration process, a paper registration certificate is mailed to you. You can log in to the Electronic Copyright Office site at any time to check the status of your application for copyright registration. You may also mail in your application for copyright registration for a fee.

Licensing Agreements

You can print copyrighted logos that you don’t own on t-shirts only if you are party to a licensing agreement with the owner of the copyright. Licensing agreements are standard practice in the imprinted t-shirt industry; for example, a printer must have a licensing agreement or other written permission to print professional sports logos. Licensing agreements spell out the terms that the logo owner grants to the printer or marketer of t-shirts, including payment, dates of use and printing specifications. The Graphic Artists Guild and AIGA, the professional association for design, both offer boilerplate licensing agreement templates to their members.

Satire Or Parody

It is legal to create an image that is a parody of a logo and print it on a t-shirt because the U.S. Copyright Office allows parody as fair use of copyrighted works. The right to parody exists as a protected form of free speech; for example, Mad magazine creates parodies of popular movies and political figures. In the case of a parody that closely resembles a copyrighted logo, you could be accused of copyright infringement, as the law leaves room for subjective decisions on fair use and the right to parody. You can register parody images you create with the Copyright Office, or obtain a license to print parody images from their owners.

Copyright Infringement

If you are accused of copyright infringement, the owner of the copyright can sue you for actual or statutory damages, whichever is greater. If the owner of the logo did not register her artwork for copyright protection, she can legally stop you from printing the logo, but won’t be able to sue you for maximum damages. Upon receipt of a cease-and-desist letter from a copyright owner or her lawyer, immediately stop printing the logo on t-shirts.

What happens when you violate a trademark/copyright?

You will generally receive a cease and desist letter by email and/or registered mail by an attorney who represents the trademark owner. This letter will inform you that you have violated a trademark/copyright and will include a copy of the trademark and screenshots of the design that violate their trademark.

The cease and desist will request that you immediately cease and desist of all the infringing designs as well as immediately cease all plans for the production, marketing, or manufacturing.

The letter will usually request that within 10 days that the following details be provided or confirmed:

• Detailed list of all stores online and physical which you currently or have marketed the infringing goods and including contact information for all those locations

• Full accounting of all the sales you made with the infringing goods

• The name/contact information of the designer if it wasn’t you

• List of what stock remains of all infringing goods

• Copies of all marketing materials

• Confirmation that all advertisements and/or references to the design on or off your website as well as any 3rd party websites who may have posted your products online.

• Written assurance that you will no longer use the trademark or try and register that trademark.

Providing the information above will not waive the trademark owners rights to take legal action against you. The information above provides the legal counsel and the trademark owner the information to make a decision of what to do next. Most trademark owners prefer to settle out of court. It is common that trademark owners request that you sign an agreement that states you acknowledge what you did, that the statements you made are accurate, and if you are caught lying or ever sell more products with the trademark that they will take legal action against you.

Along with the agreement, the trademark owner will often request you pay them the profits you made from selling their trademarked design and/or additional penalty fees. Even if you have only sold a few t-shirts with an infringing design the requested payment amount is frequently from $1000-$20,000. If you have potentially infringed on a trademark you have a choice to make. Your options are to pay the amount they request for damages, attempt to negotiate a different damages payment or take the chance the trademark owner will take you to court in their state which will cost you at minimum $10,000 to get started. The amount required to defend yourself can get very expensive and if you lose you, it is likely that you will need to pay the trademark owners legal fees plus whatever damages were assigned. There are lots of grey areas in trademark/copyright law and unfortunately it isn’t always about being right or wrong. If you don’t have the time, money or resources to fight a trademark/copyright accusation your best bet is to pay the requested damages amount to avoid having to go to court.

Logo Trademark Attorney Free Consultation

When you need help with a trademark, logo, or other intellectual property law matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do Divorces Go To Trial?

Can A Chapter 7 Trustee Sell My House?

Agency Adoptions In Utah

Child Custody And Taxes

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from Michael Anderson https://www.ascentlawfirm.com/can-i-trademark-a-logo-on-a-shirt/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/09/13/can-i-trademark-a-logo-on-a-shirt/

[divorcelawyergunnisonutah]

Can I Trademark A Logo On A Shirt?

One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.

In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.

Can You Put Copyrighted Logos on T-Shirts?

After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.

1. The best practice is to create an original design.

The best way to avoid copyright and trademarks is to create an original design. If you come up with a design that’s truly your own, and you haven’t based it off of anything else or made it look similar to an existing design, you can feel pretty comfortable that you’re not violating anyone’s trademark or copyright. It can be harder to come up with something that’s unique to you, especially with so many designs already on the market, but it’s still certainly possible to create a unique design to sell on your t-shirts. When you do that, you greatly lower your risk of having someone try to get you into trouble for a copyright or trademark violation.

2. Copyright and trademark are not the same things.

Many people use the terms copyright and trademark interchangeably, but the terms aren’t identical. In short, trademarks are for terms, symbols, and names. A copyright is used for original creative works, like movies, books, paintings, songs, web content, and choreography. If you’re putting a company’s name on a t-shirt without permission, you’re violating their trademark. Song lyrics? That’s a copyright violation.

For more information about copyright and trademark, visit the United States Copyright Office and the United States Patent and Trademark Office, respectively.

3. Know the rules when designing t-shirts.

You can use flags, national symbols, the likenesses of political figures, and coats of arms wherever you like. These aren’t protected by copyright or trademark, and you won’t face a lawsuit over putting them on a shirt. If there’s a famous picture of those things, though, don’t use the picture. While the images in the picture might be fair to use, the photograph itself is going to be protected. Also, don’t use famous, recognizable characters on your shirts. Those are all protected, and you’ll likely face legal action.

There’s one exception, though. “Fair Use” allows for parodies, so if you’re making parody t-shirts, you can generally get away with using famous characters that others can recognize. Just make sure it’s clear what you’re doing, and avoid being too offensive. The parody opportunity isn’t just for people and characters. It also extends to things like logos, so you’re free to use those in the same manner, as well. If you’re planning on using a picture you found on the internet or a famous quote, those can be okay in some cases. Before you use them, be sure to learn where they came from and how to credit them properly.

4. Is it trademark or copyright infringement? Knowing the facts can protect you.

That picture you found on the internet might make a great t-shirt, and the quote from your favorite actor may really speak to you. Still, using these things on a shirt can get you into trouble if you don’t do it the right way. Famous quotes, for example, are generally all right to use, as long as you attribute them properly. Put the quoted person’s name on the shirt in much smaller print, or add it to the product description on your website. The author could pursue you, but they aren’t likely to do so.

For internet pictures, there are some sites that offer photos free for commercial use, as long as the owner of the photo gets credited. Most sites don’t offer that though, so if you want to use those photos, make sure you track down the true owner and get written permission to use the photo for commercial purposes. That can protect you from any legal problems you might otherwise face, and is the only safe way to use a photo in your t-shirt design. For more information on attribution and different licenses, check out Creative Commons.

Also consider the Right of Publicity, which states that people have the right to control the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could be facing a lawsuit. With all the risks you take to use the work and likenesses of others, creating and using your own t-shirt designs is the best option.

Register for Copyright Protection

As an artist or designer, you own the copyright to your visual artwork upon its creation, according to the United States Copyright Act of 1976. To enjoy the maximum copyright protection available under law, register your works of visual art with the United States Copyright Office at copyright.gov. At the site, create an online account with the Electronic Copyright Office. Once your account is live, fill out the online copyright registration application, pay a $35 fee and upload a copy of your T-shirt logo. The copyright office sends an electronic receipt. Upon completion of the copyright registration process, a paper registration certificate is mailed to you. You can log in to the Electronic Copyright Office site at any time to check the status of your application for copyright registration. You may also mail in your application for copyright registration for a fee.

Licensing Agreements

You can print copyrighted logos that you don’t own on t-shirts only if you are party to a licensing agreement with the owner of the copyright. Licensing agreements are standard practice in the imprinted t-shirt industry; for example, a printer must have a licensing agreement or other written permission to print professional sports logos. Licensing agreements spell out the terms that the logo owner grants to the printer or marketer of t-shirts, including payment, dates of use and printing specifications. The Graphic Artists Guild and AIGA, the professional association for design, both offer boilerplate licensing agreement templates to their members.

Satire Or Parody

It is legal to create an image that is a parody of a logo and print it on a t-shirt because the U.S. Copyright Office allows parody as fair use of copyrighted works. The right to parody exists as a protected form of free speech; for example, Mad magazine creates parodies of popular movies and political figures. In the case of a parody that closely resembles a copyrighted logo, you could be accused of copyright infringement, as the law leaves room for subjective decisions on fair use and the right to parody. You can register parody images you create with the Copyright Office, or obtain a license to print parody images from their owners.

Copyright Infringement

If you are accused of copyright infringement, the owner of the copyright can sue you for actual or statutory damages, whichever is greater. If the owner of the logo did not register her artwork for copyright protection, she can legally stop you from printing the logo, but won’t be able to sue you for maximum damages. Upon receipt of a cease-and-desist letter from a copyright owner or her lawyer, immediately stop printing the logo on t-shirts.

What happens when you violate a trademark/copyright?

You will generally receive a cease and desist letter by email and/or registered mail by an attorney who represents the trademark owner. This letter will inform you that you have violated a trademark/copyright and will include a copy of the trademark and screenshots of the design that violate their trademark.

The cease and desist will request that you immediately cease and desist of all the infringing designs as well as immediately cease all plans for the production, marketing, or manufacturing.

The letter will usually request that within 10 days that the following details be provided or confirmed:

• Detailed list of all stores online and physical which you currently or have marketed the infringing goods and including contact information for all those locations

• Full accounting of all the sales you made with the infringing goods

• The name/contact information of the designer if it wasn’t you

• List of what stock remains of all infringing goods

• Copies of all marketing materials

• Confirmation that all advertisements and/or references to the design on or off your website as well as any 3rd party websites who may have posted your products online.

• Written assurance that you will no longer use the trademark or try and register that trademark.

Providing the information above will not waive the trademark owners rights to take legal action against you. The information above provides the legal counsel and the trademark owner the information to make a decision of what to do next. Most trademark owners prefer to settle out of court. It is common that trademark owners request that you sign an agreement that states you acknowledge what you did, that the statements you made are accurate, and if you are caught lying or ever sell more products with the trademark that they will take legal action against you.

Along with the agreement, the trademark owner will often request you pay them the profits you made from selling their trademarked design and/or additional penalty fees. Even if you have only sold a few t-shirts with an infringing design the requested payment amount is frequently from $1000-$20,000. If you have potentially infringed on a trademark you have a choice to make. Your options are to pay the amount they request for damages, attempt to negotiate a different damages payment or take the chance the trademark owner will take you to court in their state which will cost you at minimum $10,000 to get started. The amount required to defend yourself can get very expensive and if you lose you, it is likely that you will need to pay the trademark owners legal fees plus whatever damages were assigned. There are lots of grey areas in trademark/copyright law and unfortunately it isn’t always about being right or wrong. If you don’t have the time, money or resources to fight a trademark/copyright accusation your best bet is to pay the requested damages amount to avoid having to go to court.

Logo Trademark Attorney Free Consultation

When you need help with a trademark, logo, or other intellectual property law matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do Divorces Go To Trial?

Can A Chapter 7 Trustee Sell My House?

Agency Adoptions In Utah

Child Custody And Taxes

Name Changes In Utah

Probate Lawyer Lindon Utah

from Michael Anderson https://www.ascentlawfirm.com/can-i-trademark-a-logo-on-a-shirt/

[gonnagoandrunwiththehorses]

Can I Trademark A Logo On A Shirt?

One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.

In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.

Can You Put Copyrighted Logos on T-Shirts?

After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.

1. The best practice is to create an original design.

The best way to avoid copyright and trademarks is to create an original design. If you come up with a design that’s truly your own, and you haven’t based it off of anything else or made it look similar to an existing design, you can feel pretty comfortable that you’re not violating anyone’s trademark or copyright. It can be harder to come up with something that’s unique to you, especially with so many designs already on the market, but it’s still certainly possible to create a unique design to sell on your t-shirts. When you do that, you greatly lower your risk of having someone try to get you into trouble for a copyright or trademark violation.

2. Copyright and trademark are not the same things.

Many people use the terms copyright and trademark interchangeably, but the terms aren’t identical. In short, trademarks are for terms, symbols, and names. A copyright is used for original creative works, like movies, books, paintings, songs, web content, and choreography. If you’re putting a company’s name on a t-shirt without permission, you’re violating their trademark. Song lyrics? That’s a copyright violation.

For more information about copyright and trademark, visit the United States Copyright Office and the United States Patent and Trademark Office, respectively.

3. Know the rules when designing t-shirts.

You can use flags, national symbols, the likenesses of political figures, and coats of arms wherever you like. These aren’t protected by copyright or trademark, and you won’t face a lawsuit over putting them on a shirt. If there’s a famous picture of those things, though, don’t use the picture. While the images in the picture might be fair to use, the photograph itself is going to be protected. Also, don’t use famous, recognizable characters on your shirts. Those are all protected, and you’ll likely face legal action.

There’s one exception, though. “Fair Use” allows for parodies, so if you’re making parody t-shirts, you can generally get away with using famous characters that others can recognize. Just make sure it’s clear what you’re doing, and avoid being too offensive. The parody opportunity isn’t just for people and characters. It also extends to things like logos, so you’re free to use those in the same manner, as well. If you’re planning on using a picture you found on the internet or a famous quote, those can be okay in some cases. Before you use them, be sure to learn where they came from and how to credit them properly.

4. Is it trademark or copyright infringement? Knowing the facts can protect you.

That picture you found on the internet might make a great t-shirt, and the quote from your favorite actor may really speak to you. Still, using these things on a shirt can get you into trouble if you don’t do it the right way. Famous quotes, for example, are generally all right to use, as long as you attribute them properly. Put the quoted person’s name on the shirt in much smaller print, or add it to the product description on your website. The author could pursue you, but they aren’t likely to do so.

For internet pictures, there are some sites that offer photos free for commercial use, as long as the owner of the photo gets credited. Most sites don’t offer that though, so if you want to use those photos, make sure you track down the true owner and get written permission to use the photo for commercial purposes. That can protect you from any legal problems you might otherwise face, and is the only safe way to use a photo in your t-shirt design. For more information on attribution and different licenses, check out Creative Commons.

Also consider the Right of Publicity, which states that people have the right to control the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could be facing a lawsuit. With all the risks you take to use the work and likenesses of others, creating and using your own t-shirt designs is the best option.

Register for Copyright Protection

As an artist or designer, you own the copyright to your visual artwork upon its creation, according to the United States Copyright Act of 1976. To enjoy the maximum copyright protection available under law, register your works of visual art with the United States Copyright Office at copyright.gov. At the site, create an online account with the Electronic Copyright Office. Once your account is live, fill out the online copyright registration application, pay a $35 fee and upload a copy of your T-shirt logo. The copyright office sends an electronic receipt. Upon completion of the copyright registration process, a paper registration certificate is mailed to you. You can log in to the Electronic Copyright Office site at any time to check the status of your application for copyright registration. You may also mail in your application for copyright registration for a fee.

Licensing Agreements

You can print copyrighted logos that you don’t own on t-shirts only if you are party to a licensing agreement with the owner of the copyright. Licensing agreements are standard practice in the imprinted t-shirt industry; for example, a printer must have a licensing agreement or other written permission to print professional sports logos. Licensing agreements spell out the terms that the logo owner grants to the printer or marketer of t-shirts, including payment, dates of use and printing specifications. The Graphic Artists Guild and AIGA, the professional association for design, both offer boilerplate licensing agreement templates to their members.

Satire Or Parody

It is legal to create an image that is a parody of a logo and print it on a t-shirt because the U.S. Copyright Office allows parody as fair use of copyrighted works. The right to parody exists as a protected form of free speech; for example, Mad magazine creates parodies of popular movies and political figures. In the case of a parody that closely resembles a copyrighted logo, you could be accused of copyright infringement, as the law leaves room for subjective decisions on fair use and the right to parody. You can register parody images you create with the Copyright Office, or obtain a license to print parody images from their owners.

Copyright Infringement

If you are accused of copyright infringement, the owner of the copyright can sue you for actual or statutory damages, whichever is greater. If the owner of the logo did not register her artwork for copyright protection, she can legally stop you from printing the logo, but won’t be able to sue you for maximum damages. Upon receipt of a cease-and-desist letter from a copyright owner or her lawyer, immediately stop printing the logo on t-shirts.

What happens when you violate a trademark/copyright?

You will generally receive a cease and desist letter by email and/or registered mail by an attorney who represents the trademark owner. This letter will inform you that you have violated a trademark/copyright and will include a copy of the trademark and screenshots of the design that violate their trademark.

The cease and desist will request that you immediately cease and desist of all the infringing designs as well as immediately cease all plans for the production, marketing, or manufacturing.

The letter will usually request that within 10 days that the following details be provided or confirmed:

• Detailed list of all stores online and physical which you currently or have marketed the infringing goods and including contact information for all those locations

• Full accounting of all the sales you made with the infringing goods

• The name/contact information of the designer if it wasn’t you

• List of what stock remains of all infringing goods

• Copies of all marketing materials

• Confirmation that all advertisements and/or references to the design on or off your website as well as any 3rd party websites who may have posted your products online.

• Written assurance that you will no longer use the trademark or try and register that trademark.

Providing the information above will not waive the trademark owners rights to take legal action against you. The information above provides the legal counsel and the trademark owner the information to make a decision of what to do next. Most trademark owners prefer to settle out of court. It is common that trademark owners request that you sign an agreement that states you acknowledge what you did, that the statements you made are accurate, and if you are caught lying or ever sell more products with the trademark that they will take legal action against you.

Along with the agreement, the trademark owner will often request you pay them the profits you made from selling their trademarked design and/or additional penalty fees. Even if you have only sold a few t-shirts with an infringing design the requested payment amount is frequently from $1000-$20,000. If you have potentially infringed on a trademark you have a choice to make. Your options are to pay the amount they request for damages, attempt to negotiate a different damages payment or take the chance the trademark owner will take you to court in their state which will cost you at minimum $10,000 to get started. The amount required to defend yourself can get very expensive and if you lose you, it is likely that you will need to pay the trademark owners legal fees plus whatever damages were assigned. There are lots of grey areas in trademark/copyright law and unfortunately it isn’t always about being right or wrong. If you don’t have the time, money or resources to fight a trademark/copyright accusation your best bet is to pay the requested damages amount to avoid having to go to court.

Logo Trademark Attorney Free Consultation

When you need help with a trademark, logo, or other intellectual property law matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do Divorces Go To Trial?

Can A Chapter 7 Trustee Sell My House?

Agency Adoptions In Utah

Child Custody And Taxes

Name Changes In Utah

Probate Lawyer Lindon Utah

Source: https://www.ascentlawfirm.com/can-i-trademark-a-logo-on-a-shirt/

[coming-from-hell]

Can I Trademark A Logo On A Shirt?

One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.

In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.

Can You Put Copyrighted Logos on T-Shirts?

After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.

1. The best practice is to create an original design.

The best way to avoid copyright and trademarks is to create an original design. If you come up with a design that’s truly your own, and you haven’t based it off of anything else or made it look similar to an existing design, you can feel pretty comfortable that you’re not violating anyone’s trademark or copyright. It can be harder to come up with something that’s unique to you, especially with so many designs already on the market, but it’s still certainly possible to create a unique design to sell on your t-shirts. When you do that, you greatly lower your risk of having someone try to get you into trouble for a copyright or trademark violation.

2. Copyright and trademark are not the same things.

Many people use the terms copyright and trademark interchangeably, but the terms aren’t identical. In short, trademarks are for terms, symbols, and names. A copyright is used for original creative works, like movies, books, paintings, songs, web content, and choreography. If you’re putting a company’s name on a t-shirt without permission, you’re violating their trademark. Song lyrics? That’s a copyright violation.

For more information about copyright and trademark, visit the United States Copyright Office and the United States Patent and Trademark Office, respectively.

3. Know the rules when designing t-shirts.

You can use flags, national symbols, the likenesses of political figures, and coats of arms wherever you like. These aren’t protected by copyright or trademark, and you won’t face a lawsuit over putting them on a shirt. If there’s a famous picture of those things, though, don’t use the picture. While the images in the picture might be fair to use, the photograph itself is going to be protected. Also, don’t use famous, recognizable characters on your shirts. Those are all protected, and you’ll likely face legal action.

There’s one exception, though. “Fair Use” allows for parodies, so if you’re making parody t-shirts, you can generally get away with using famous characters that others can recognize. Just make sure it’s clear what you’re doing, and avoid being too offensive. The parody opportunity isn’t just for people and characters. It also extends to things like logos, so you’re free to use those in the same manner, as well. If you’re planning on using a picture you found on the internet or a famous quote, those can be okay in some cases. Before you use them, be sure to learn where they came from and how to credit them properly.

4. Is it trademark or copyright infringement? Knowing the facts can protect you.

That picture you found on the internet might make a great t-shirt, and the quote from your favorite actor may really speak to you. Still, using these things on a shirt can get you into trouble if you don’t do it the right way. Famous quotes, for example, are generally all right to use, as long as you attribute them properly. Put the quoted person’s name on the shirt in much smaller print, or add it to the product description on your website. The author could pursue you, but they aren’t likely to do so.

For internet pictures, there are some sites that offer photos free for commercial use, as long as the owner of the photo gets credited. Most sites don’t offer that though, so if you want to use those photos, make sure you track down the true owner and get written permission to use the photo for commercial purposes. That can protect you from any legal problems you might otherwise face, and is the only safe way to use a photo in your t-shirt design. For more information on attribution and different licenses, check out Creative Commons.

Also consider the Right of Publicity, which states that people have the right to control the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could be facing a lawsuit. With all the risks you take to use the work and likenesses of others, creating and using your own t-shirt designs is the best option.

Register for Copyright Protection

As an artist or designer, you own the copyright to your visual artwork upon its creation, according to the United States Copyright Act of 1976. To enjoy the maximum copyright protection available under law, register your works of visual art with the United States Copyright Office at copyright.gov. At the site, create an online account with the Electronic Copyright Office. Once your account is live, fill out the online copyright registration application, pay a $35 fee and upload a copy of your T-shirt logo. The copyright office sends an electronic receipt. Upon completion of the copyright registration process, a paper registration certificate is mailed to you. You can log in to the Electronic Copyright Office site at any time to check the status of your application for copyright registration. You may also mail in your application for copyright registration for a fee.

Licensing Agreements

You can print copyrighted logos that you don’t own on t-shirts only if you are party to a licensing agreement with the owner of the copyright. Licensing agreements are standard practice in the imprinted t-shirt industry; for example, a printer must have a licensing agreement or other written permission to print professional sports logos. Licensing agreements spell out the terms that the logo owner grants to the printer or marketer of t-shirts, including payment, dates of use and printing specifications. The Graphic Artists Guild and AIGA, the professional association for design, both offer boilerplate licensing agreement templates to their members.

Satire Or Parody

It is legal to create an image that is a parody of a logo and print it on a t-shirt because the U.S. Copyright Office allows parody as fair use of copyrighted works. The right to parody exists as a protected form of free speech; for example, Mad magazine creates parodies of popular movies and political figures. In the case of a parody that closely resembles a copyrighted logo, you could be accused of copyright infringement, as the law leaves room for subjective decisions on fair use and the right to parody. You can register parody images you create with the Copyright Office, or obtain a license to print parody images from their owners.

Copyright Infringement

If you are accused of copyright infringement, the owner of the copyright can sue you for actual or statutory damages, whichever is greater. If the owner of the logo did not register her artwork for copyright protection, she can legally stop you from printing the logo, but won’t be able to sue you for maximum damages. Upon receipt of a cease-and-desist letter from a copyright owner or her lawyer, immediately stop printing the logo on t-shirts.

What happens when you violate a trademark/copyright?

You will generally receive a cease and desist letter by email and/or registered mail by an attorney who represents the trademark owner. This letter will inform you that you have violated a trademark/copyright and will include a copy of the trademark and screenshots of the design that violate their trademark.

The cease and desist will request that you immediately cease and desist of all the infringing designs as well as immediately cease all plans for the production, marketing, or manufacturing.

The letter will usually request that within 10 days that the following details be provided or confirmed:

• Detailed list of all stores online and physical which you currently or have marketed the infringing goods and including contact information for all those locations

• Full accounting of all the sales you made with the infringing goods

• The name/contact information of the designer if it wasn’t you

• List of what stock remains of all infringing goods

• Copies of all marketing materials

• Confirmation that all advertisements and/or references to the design on or off your website as well as any 3rd party websites who may have posted your products online.

• Written assurance that you will no longer use the trademark or try and register that trademark.

Providing the information above will not waive the trademark owners rights to take legal action against you. The information above provides the legal counsel and the trademark owner the information to make a decision of what to do next. Most trademark owners prefer to settle out of court. It is common that trademark owners request that you sign an agreement that states you acknowledge what you did, that the statements you made are accurate, and if you are caught lying or ever sell more products with the trademark that they will take legal action against you.

Along with the agreement, the trademark owner will often request you pay them the profits you made from selling their trademarked design and/or additional penalty fees. Even if you have only sold a few t-shirts with an infringing design the requested payment amount is frequently from $1000-$20,000. If you have potentially infringed on a trademark you have a choice to make. Your options are to pay the amount they request for damages, attempt to negotiate a different damages payment or take the chance the trademark owner will take you to court in their state which will cost you at minimum $10,000 to get started. The amount required to defend yourself can get very expensive and if you lose you, it is likely that you will need to pay the trademark owners legal fees plus whatever damages were assigned. There are lots of grey areas in trademark/copyright law and unfortunately it isn’t always about being right or wrong. If you don’t have the time, money or resources to fight a trademark/copyright accusation your best bet is to pay the requested damages amount to avoid having to go to court.

Logo Trademark Attorney Free Consultation

When you need help with a trademark, logo, or other intellectual property law matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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Source: https://www.ascentlawfirm.com/can-i-trademark-a-logo-on-a-shirt/