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Is this infringement!!!!!!!!!!!!!!!!!!!! !!!!!!! watch

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    If a shirt says 'England' on it does that mean that someone cannot produce their own shirt and write 'England' on it?

    Can you trademark a country name e.g. the brand name as 'England' and if so can nobody else use 'England on their shirts any more'?

    If somebody has made a logo with a single letter on it e.g. E , does that mean it's now infringement to make a logo with E on it?
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    In general, no, no, no.

    However, the reason IP lawyers get the big bucks is because it's a highly contentious area of law and no-one is ever sure of anything.
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    (Original post by Clip)
    In general, no, no, no.

    However, the reason IP lawyers get the big bucks is because it's a highly contentious area of law and no-one is ever sure of anything.
    So if I were to make a shirt with England (on zazzle) on it there would be no basis for a case against me :confused:
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    (Original post by polpo)
    So if I were to make a shirt with England (on zazzle) on it there would be no basis for a case against me :confused:
    Probably not, but it depends if it closely resembled another "official" product amongst other things.

    Also, you should never ask for legal advice on TSR or any other website that isn't specifically equipped to dispense it.
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    (Original post by Clip)
    Probably not, but it depends if it closely resembled another "official" product amongst other things.

    Also, you should never ask for legal advice on TSR or any other website that isn't specifically equipped to dispense it.
    Thanks.
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    I am studying intellectual property as part of my course in music business at London School of Sound, so my expertise is more about music and copyright than trademarks, but from what I know the answer is... mixed.

    No one can copyright or trademark a common name like England.

    But people CAN trademark a particular font-type and graphic design and even the graphic layout of a magazine. So they could have trademarked the word England with a certain font and colour scheme.

    For example you can't make a t-shirt with the simple logo O2 (only two letters) if it looks like the telephone company, and you can be sure that they have also trademarked the name O2 for their products, so you can't start a telephone company and call it O2.

    Ironically it's not possible to trademark the name O2 if what you sell is oxygen. It's okay to trademark your record company as MILK but it's not okay to use that name for a milk company. It sounds crazy but it makes sense if you think about it. What would the other milk producers do if they can't call their product milk???

    So they can't trademark the word O2 used in the context of meaning oxygen, so you can print a t-shirt that says O2 if there is no confusion to the public that this is what you meant.

    The lawyers come in when a big company claims that you are confusing the public because the name or logo are 'similar enough' and you are trying to defend your right to sell t-shirts to promote oxygen - that's the expensive grey area.

    One last thing: amazingly there is nothing to stop you from putting anyone's face (celebrity or not) on a t-shirt - as long as you own the image. If you take a picture of Lampard in a public place with your camera you can totally sell the t-shirt. The protection is only for the brands and logos on HIS t-shirt.

    The more I study this stuff the more I see the importance of these little details for the income of artists, bands and record labels.

    Good luck with whatever dodgy business you are planning for the next world cup!!!


    (Original post by polpo)
    If a shirt says 'England' on it does that mean that someone cannot produce their own shirt and write 'England' on it?

    Can you trademark a country name e.g. the brand name as 'England' and if so can nobody else use 'England on their shirts any more'?

    If somebody has made a logo with a single letter on it e.g. E , does that mean it's now infringement to make a logo with E on it?
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    (Original post by Fatscuare)
    I am studying intellectual property as part of my course in music business at London School of Sound, so my expertise is more about music and copyright than trademarks, but from what I know the answer is... mixed.

    No one can copyright or trademark a common name like England.

    But people CAN trademark a particular font-type and graphic design and even the graphic layout of a magazine. So they could have trademarked the word England with a certain font and colour scheme.

    For example you can't make a t-shirt with the simple logo O2 (only two letters) if it looks like the telephone company, and you can be sure that they have also trademarked the name O2 for their products, so you can't start a telephone company and call it O2.

    Ironically it's not possible to trademark the name O2 if what you sell is oxygen. It's okay to trademark your record company as MILK but it's not okay to use that name for a milk company. It sounds crazy but it makes sense if you think about it. What would the other milk producers do if they can't call their product milk???

    So they can't trademark the word O2 used in the context of meaning oxygen, so you can print a t-shirt that says O2 if there is no confusion to the public that this is what you meant.

    The lawyers come in when a big company claims that you are confusing the public because the name or logo are 'similar enough' and you are trying to defend your right to sell t-shirts to promote oxygen - that's the expensive grey area.

    One last thing: amazingly there is nothing to stop you from putting anyone's face (celebrity or not) on a t-shirt - as long as you own the image. If you take a picture of Lampard in a public place with your camera you can totally sell the t-shirt. The protection is only for the brands and logos on HIS t-shirt.

    The more I study this stuff the more I see the importance of these little details for the income of artists, bands and record labels.

    Good luck with whatever dodgy business you are planning for the next world cup!!!
    Thank you very much
 
 
 
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