Car t-shirts - licensing/trademarks/copyright
Discussion
I was wondering about trademark/copyright/licensing issues if designing car T-shirts in an illustrative way - similar to some sold on this site - and am trying to find out more information. The designs would be positive and not derogatory in any way.
Would I have to contact each car manufacturer? Any ideas on costs? What if the model was no longer manufactured?
I've seen brands/models reproduced many times in supermarkets, shops etc and just wondered what path the original artist would have taken. Thanks.
Would I have to contact each car manufacturer? Any ideas on costs? What if the model was no longer manufactured?
I've seen brands/models reproduced many times in supermarkets, shops etc and just wondered what path the original artist would have taken. Thanks.
Kozy said:
You'll not have any trouble selling the T shirts with illustrations of the cars on them.
Put a logo on it though, and you risk getting some snotty letters about trademark copyright infringement.
Most won't take it further if its a small amount been sold. Via Ebay etc its easy to "stay off the radar" for a year . A friend did some very cool and limited "VW" ones years ago and she earned enough for a deposit on a house. VW never touched her Put a logo on it though, and you risk getting some snotty letters about trademark copyright infringement.
but one thing she did was to make sure she started with a QUALITY shirt and printed it well. She did tailored mens and ladies fits .The shirts cost her far more than most dealers would spend. But she still sold many many as people liked the quality
I am not sure that there is any real weight behind that though. A line drawing of a car represents no intellectual property on the part of the manufacturer, in order for their to be copyright issues you would have to physically build a replica Mini, and probably badge it up as one in order to pass it off as an official car. I'm thinking MR2 - F355 type things here.
Some car manufacturers register the designs of their vehicles.
Therefore, the design rights in the shape of a motor vehicle, for example, can also extend to cover such things as toy cars, novelty computer mice, paperweights, salt shakers or indeed any other article which does not create on the informed user a different overall impression to the design in question.
Therefore, the design rights in the shape of a motor vehicle, for example, can also extend to cover such things as toy cars, novelty computer mice, paperweights, salt shakers or indeed any other article which does not create on the informed user a different overall impression to the design in question.
Kozy said:
I am not sure that there is any real weight behind that though. A line drawing of a car represents no intellectual property on the part of the manufacturer, in order for their to be copyright issues you would have to physically build a replica Mini, and probably badge it up as one in order to pass it off as an official car. I'm thinking MR2 - F355 type things here.
In addition to what minitici says, how long do you think you'll last fighting BMW's lawyers?Maybe they've been given permission?
I was the admin on one of the bigger classic Mini forums back when BMW bought Mini from Rover. In the proceeding years there were a number of business and one-man-bands that received letters either because they were using the outline (copyrighted) of a classic Mini on products or the Mini logo.
I was the admin on one of the bigger classic Mini forums back when BMW bought Mini from Rover. In the proceeding years there were a number of business and one-man-bands that received letters either because they were using the outline (copyrighted) of a classic Mini on products or the Mini logo.
jammy_basturd said:
Maybe they've been given permission?
I was the admin on one of the bigger classic Mini forums back when BMW bought Mini from Rover. In the proceeding years there were a number of business and one-man-bands that received letters either because they were using the outline (copyrighted) of a classic Mini on products or the Mini logo.
I have heard about this before, but it does rather seem that BMW are more protective over the Mini's than their own vehicles...I was the admin on one of the bigger classic Mini forums back when BMW bought Mini from Rover. In the proceeding years there were a number of business and one-man-bands that received letters either because they were using the outline (copyrighted) of a classic Mini on products or the Mini logo.
This is of interest to me personally, as I sell this kind of stuff (though not for Mini's. Yet)
minitici said:
Some car manufacturers register the designs of their vehicles.
Therefore, the design rights in the shape of a motor vehicle, for example, can also extend to cover such things as toy cars, novelty computer mice, paperweights, salt shakers or indeed any other article which does not create on the informed user a different overall impression to the design in question.
This^Therefore, the design rights in the shape of a motor vehicle, for example, can also extend to cover such things as toy cars, novelty computer mice, paperweights, salt shakers or indeed any other article which does not create on the informed user a different overall impression to the design in question.
A registered design for a vehicle, would be infringed by applying the design of the car to a T-shirt.
You can look up European Registered Designs "RCDs" here:
https://www.tmdn.org/tmdsview-web/welcome# Cick on "advanced search" and put the maufacturer name in the box "Owner name".
Any design over 25 years old would not be infringed in this way, but some designs may also be trade marks which might be infringed.
You can never rule out being chased up by the rights holder if you use a design without permission.
My advice would be somewhat less bullish.
Depending upon how large and lucrative your enterprise is, being "Asked to stop" could be in the form of, or quickly followed by, an injunction or seziure order and then perhaps the small matter of a civil action in the courts which could bankrupt you or your company.
I apreciate that a lot of people appear to be geting away with producing "stuff" (e.g. apparel screen printers and the likes), but outfits like BMW have form for actively policing their IP.
Depending upon how large and lucrative your enterprise is, being "Asked to stop" could be in the form of, or quickly followed by, an injunction or seziure order and then perhaps the small matter of a civil action in the courts which could bankrupt you or your company.
I apreciate that a lot of people appear to be geting away with producing "stuff" (e.g. apparel screen printers and the likes), but outfits like BMW have form for actively policing their IP.
Katzenjammer said:
My advice would be somewhat less bullish.
Depending upon how large and lucrative your enterprise is, being "Asked to stop" could be in the form of, or quickly followed by, an injunction or seziure order and then perhaps the small matter of a civil action in the courts which could bankrupt you or your company.
I apreciate that a lot of people appear to be geting away with producing "stuff" (e.g. apparel screen printers and the likes), but outfits like BMW have form for actively policing their IP.
AIUI they initiate proceedings against a small outfit (such as an individual producing T shirts) with a C&D request. Depending upon how large and lucrative your enterprise is, being "Asked to stop" could be in the form of, or quickly followed by, an injunction or seziure order and then perhaps the small matter of a civil action in the courts which could bankrupt you or your company.
I apreciate that a lot of people appear to be geting away with producing "stuff" (e.g. apparel screen printers and the likes), but outfits like BMW have form for actively policing their IP.
Reply telling them you will comply with their request to stop selling the products in question with immediate effect (or possibly negotiate a license to do so) and that should be the end of it.
Ignore that and carry on, then expect the seizure/court/bankruptcy/suicide.
The fact that so many people are producing things like this (even BMW prints) suggests that don't go chasing everyone. The stuff for sale in the PH shop is listed thus:'This is original art inspired by the BMW Group. It is unofficial and in no way associated with BMW. BMW, Mini and Rolls Royce and related marks are registered trademarks of BMW AG '
So no, by the sounds of it, they don't have permission. If an outfit like SDIDH can go unnoticed, an individual selling a couple on eBay is going to be completely off the radar.
Edited by Kozy on Wednesday 19th November 12:11
In addition, if ANY visual representation of a car represents an infringement as some lawyers will have you believe, how is the owner of a site like this not behind bars?
http://www.the-blueprints.com
http://www.the-blueprints.com
They have to find you first ! so many ways to keep them away and earn a few thousand pounds a month . Sell to nice market stall and shops etc , car meets etc
people will buy good products . most fail on quality of t s
t and printing
unless you are really taking the micky there is money to be made .
people will buy good products . most fail on quality of t s
t and printing unless you are really taking the micky there is money to be made .
Kozy said:
In addition, if ANY visual representation of a car represents an infringement as some lawyers will have you believe, how is the owner of a site like this not behind bars?
http://www.the-blueprints.com
Where are these lawyers who suggest that ANY visual representation is an infringement? http://www.the-blueprints.com
"Arm Chair Lawyers"
I just came across a few on various google searches where people asked about the legality of selling things like stickers of the silhouettes of cars, the response being that if it was recongnisable as a particular vehicle then it was the IP of the manufacturer and they could sue you.
Emphasis on 'could'.
Really, it all sounds a bit ludicrous. The IP rules make sense for producing things like counterfeit parts and knock off merchandise being passed off as genuine, but stickers, T shirts, posters etc? Why would big companies even bother chasing it up when it has zero impact on their business?
I just came across a few on various google searches where people asked about the legality of selling things like stickers of the silhouettes of cars, the response being that if it was recongnisable as a particular vehicle then it was the IP of the manufacturer and they could sue you.
Emphasis on 'could'.
Really, it all sounds a bit ludicrous. The IP rules make sense for producing things like counterfeit parts and knock off merchandise being passed off as genuine, but stickers, T shirts, posters etc? Why would big companies even bother chasing it up when it has zero impact on their business?
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