Is ther a copyright lawyer in the house?

emoon · #1 2010-11-29, 9:58am

If I made a bead, with specific team colors, like the green & white beads I make for my Michigan State customers, can I use the Spartan team name in the listing? Does that imply that it is licensed by the school or club?

Can I list a witch bead and refer to Harry Potter? I am asking ethics as wel as legalities.

Input, please...

emoon · #2 2010-11-29, 9:59am

I am aware that most vendors that sell beads that fit Pandora just state that fact. Can one say, for example, "Pandora-like"?

jaci · #3 2010-11-29, 10:03am

you can say "harry potter inspired" or "Spartin inspired" and you will not have a problem. The law can not tell you where to get your inspiration from

Its not like you are mass producing these.. I think you will be fine.

emoon · #4 2010-11-29, 10:11am

Oh yeah! That response was just INSPIRED!! Love it!

How about a listing that starts out: "For all you Spartan fans...", "Or created in team Spartan colors"?

alphamare · #5 2010-11-29, 10:16am

I am pretty sure you can use the name in the description, but you can't sell a product with their name/logo on it without paying royalty.

emoon · #6 2010-11-29, 10:28am

So avoid using the Pandora type font with the crown on it, or the Coca Cola red and white swash?

alphamare · #7 2010-11-29, 1:15pm

Well I am not sure where the fine lines are, it's probably a little different in each case.

A friend of mine works with polymer clay and makes earrings, pins etc. for Montana griz football fans. She went through the process to be able to sell griz stuff and can use any names/logos but has to pay royalty.

As far as I remember, before she was approved she was allowed to make a little football helmet charm for example in their colors and a common grizzly paw, but was not allowed to add "go griz", "grizzlies" or "University of Montana" on it.

I don't think you have to worry about using the word spartan in your description. But I wouldn't paint their logo on a green and white bead and start selling them by the hundreds.

I like your title description idea of "For all you Spartan fans"

greywillow · #8 2010-11-29, 3:28pm

Only the copyright/trademark holders can answer a definite yes or no...

emoon · #9 2010-11-29, 3:40pm

Or a copyright attorney

menty666 · #10 2010-11-29, 4:15pm

Even they don't know most of the time. The courts keep going back and forth unless it's blatant.

Dreamsincolor · #11 2010-11-29, 9:14pm

Some copyright holders are more aggressive about policing stuff made in their image. One of the most aggressive (and vindictive) is Disney. They aren't happy till you are bleeding. A friend did some stained glass panels (at their request) and they pronounced them not good enough. When she came to collect them back every one of them had multiple broken pieces. She could claim nothing because of the 18 page release she had to sign to submit her work for consideration for the new resort. I think your phrase about for all the fans should keep you safe. They can have a copyright on their logo, but they can't have a copyright on colors. I make orange and black jewelry for Harley enthusiasts all the time, but nowhere is the name on any of it. I have a stained glass panel of their logo hanging in my studio, but no way will it ever be for sale.

jaci · #12 2010-11-30, 8:11am

soooooo interesting dreamsincolor.... Got me thinking, its like the resale of concert tickets in states that do not allow you to resale for more than the ticketed price. The reseller of the ticket sells something like a coffee mug, for an outrageous price, and throws in the tickets for free... hummm SO based on this conversation here, you could gift a theme item, thereby no royalties are had to be given, and be totally safe??? If this is the case, then all the knock offs in the world can be gifted as often as willed, as long as there i no monetary collection, ergo no royalties??

not that I have any evil plans to mass produce anything and start giving it away like that, just wondering.

emoon · #13 2010-11-30, 1:39pm

I know there is alot of thematic designs out in the world that are not licensed. You can usually tell based on the price. I think if you want to make a Mickey Mouse and sell it, no one will bother to complain. If you make 500 Mickey Mouses, and build a website to sell them retail, then disney may get up in arms. I would too! My idea is only to use the team colors, but without the tags using the team names, how would customers find me, see? so my tag has to say Cleveland Browns, see? But I wouldn't be using their copyrighted logo or anything.

LaurieBSmith · #14 2010-11-30, 4:16pm

You can say "Spartan fans or Harry Potter fans might be interested in....." However, I would not create a Harry Potter likeness or the Spartan mascot....

JesterGlass · #15 2010-11-30, 5:49pm

Since you're unclear on the difference between 'trademark' and 'copyright', I would suggest you talk to a real lawyer.

emoon · #16 2010-11-30, 9:57pm

Quote:

Originally Posted by LaurieBSmith

You can say "Spartan fans or Harry Potter fans might be interested in....." However, I would not create a Harry Potter likeness or the Spartan mascot....

I don't think that will be a problem since my alma mater has a really homely cartoon Spartan guy for its logo!! LOL

redayh · #17 2010-12-04, 7:32am

Quote:

Originally Posted by JesterGlass

Since you're unclear on the difference between 'trademark' and 'copyright', I would suggest you talk to a real lawyer.

Yeah, I am a real lawyer and I was thinking the same thing. And trust me Disney will go after you for one Mickey Mouse. Just depends on if they see it.

JesterGlass · #18 2010-12-04, 8:08am

Yep. I was managing editor of a publishing company for a number of years, and dealt regularly with trademark issues from both sides (including a nasty spat with Disney).

emoon · #19 2010-12-05, 2:39pm

So, a Mickey-type rat, with a handlebar mustache...might loose your audience!

VivianLampwork · #20 2010-12-05, 3:19pm

I made these earrings for my daughter & I to wear to a Bama game. A lady in one of the Bama shops loved them. I started talking with her about how to market them. She said you have to be licensed with the NCAA and they even have reps that walk around before the games & make sure the vendors aren't selling anything they're not supposed to. She said every design has to be approved by them first. If I were to sell my earring, I would have to go through all that first. Or, I could let her buy them and get the design approved & she could sell them in her stores.