Selling custom memorabila

hazy · #1 10-04-2013

What are the legalities concerning the sale of customized goods bearing movie/cartoon characters. I am guessing it would infringe on the trademark but then again with the amounts I see for sale, maybe there is a way to do this legally. How about for people, like Obama. Could one get in trouble for using the image of someone famous on their own product?

MM78 · #2 10-04-2013

I would say it would depend on the company is involved in the customization.

Omgoozle · #3 10-04-2013

Might be a product more suited for etsy

rsot · #4 10-04-2013

Quote:

Originally Posted by hazy

What are the legalities concerning the sale of customized goods bearing movie/cartoon characters. I am guessing it would infringe on the trademark but then again with the amounts I see for sale, maybe there is a way to do this legally. How about for people, like Obama. Could one get in trouble for using the image of someone famous on their own product?

You cant do customized goods on cartoon characters that are copyrighted without expressed written consent of the creators.

For people, it's a bit different.

JamesNorth101 · #5 10-04-2013

A lawyer would be the best person to ask for details on this.

rsot · #6 10-04-2013

Specializing in copyright law - for doing stuff on "people", you could be opening yourself to libel/slander lawsuits because of use of their image without consent for profit-making

hazy · #7 10-04-2013

Quote:

Originally Posted by rsot

Specializing in copyright law - for doing stuff on "people", you could be opening yourself to libel/slander lawsuits because of use of their image without consent for profit-making

So does that mean as long as the image/text does not state lies or anything negative towards the person, it would be within the law?

There are so many t-shirt sellers that print cartoon images, professional sports logos, famous celebrities, how do they manage to stay afloat?

hazy · #8 10-04-2013

Quote:

Originally Posted by JamesNorth101

A lawyer would be the best person to ask for details on this.

I have rsot on retainer.

rsot · #9 10-04-2013

Quote:

Originally Posted by hazy

So does that mean as long as the image/text does not state lies or anything negative towards the person, it would be within the law?

There are so many t-shirt sellers that print cartoon images, professional sports logos, famous celebrities, how do they manage to stay afloat?

@hazy, I cant say more on this because I am not a lawyer - I gave you opinions but I cant recommend you do this just on my words.

How they manage to stay afloat is either a) have license and permission or b) operating dangerously (examples)

JamesNorth101 · #10 10-04-2013

Quote:

Originally Posted by hazy

I have rsot on retainer.

As we have learned, Rsot has a med based degree, not a law based one

You will need to talk to a copy write lawyer regarding the laws in your country for copy right infringement. They are very complicated and very boring, but you will need to have it looked into before you act on it.

GreenBean · #11 10-04-2013

Quote:

Originally Posted by hazy

So does that mean as long as the image/text does not state lies or anything negative towards the person, it would be within the law?

There are so many t-shirt sellers that print cartoon images, professional sports logos, famous celebrities, how do they manage to stay afloat?

It means take qualified legal advice before committing yourself to any type of business deal.

Using the image of a 'person' may even be a problem.

Be aware of the potential for trouble here.

GreenBean · #12 10-04-2013

Personality rights - Wikipedia, the free encyclopedia

You have to do a lot more homework to find out what you can and can not do.

Good Luck

hazy · #13 10-05-2013

Quote:

Originally Posted by JamesNorth101

As we have learned, Rsot has a med based degree, not a law based one

You will need to talk to a copy write lawyer regarding the laws in your country for copy right infringement. They are very complicated and very boring, but you will need to have it looked into before you act on it.

LoL I am just playing...Hey Rsot I didn't know you had a med based degree, what field? Honestly, if there are that many things to take into account, and there is not one clear cut answer, then it is to risky of a territory for me. On eBay at least...

GreenBean · #14 10-05-2013

Quote:

Originally Posted by hazy

LoL I am just playing...Hey Rsot I didn't know you had a med based degree, what field? Honestly, if there are that many things to take into account, and there is not one clear cut answer, then it is to risky of a territory for me. On eBay at least...

Some of the 'A' crowd of people have all sorts of rights to their own selves....

it's weird. EG, I think Madonna does not allow the Madge face to be on tee-shirts.

There is a risk for you unless you can do thorough research.

rsot · #15 10-05-2013

Quote:

Originally Posted by Greenie

Some of the 'A' crowd of people have all sorts of rights to their own selves....

it's weird. EG, I think Madonna does not allow the Madge face to be on tee-shirts.

There is a risk for you unless you can do thorough research.

Right on - those celebrities, some of them will RIP you apart if they even get a whiff of what's going on...Madonna is one of a few - Katy Perry another recent one

Omgoozle · #16 10-05-2013

Aren't there parody laws which allow for this kind of thing?

GreenBean · #17 10-05-2013

Even if there are, we are not qualified to advise the OP.

Risk of friviolous litigation which USA is nearly swamped with, would mean that type of law might be overturned.

rsot · #18 10-06-2013

Quote:

Originally Posted by Greenie

Even if there are, we are not qualified to advise the OP.

Risk of friviolous litigation which USA is nearly swamped with, would mean that type of law might be overturned.

Frivolous litigation - oh man, so true