Copyright issue?

Slow n Steady · Mar 23, 2017

Is it illegal to use a popular character name in a t shirt design?

For example, "Super Mario, where it all started"

We are using "Super Mario" which is a trademark. We are NOT using Super Mario image. Does that violate copyrights?

Other examples : Barbie, Donkey Kong

ziplack · Mar 23, 2017

Does that violate copyrights?

yes

X · Mar 23, 2017

Names don't normally fall under copyright from what I understand, but they are trademarks, and using someone else's registered trademarks can get you into some trouble. It's a murky area, so it's a good idea to talk to a lawyer, but you can bet if you printed, for example, "Star Wars," on a shirt (even without their logo font/styling) Disney would be all over you.

Slow n Steady · Mar 23, 2017

ziplack said:
Does that violate copyrights?

yes

phr0zt said:
Names don't normally fall under copyright from what I understand, but they are trademarks, and using someone else's registered trademarks can get you into some trouble. It's a murky area, so it's a good idea to talk to a lawyer, but you can bet if you printed, for example, "Star Wars," on a shirt (even without their logo font/styling) Disney would be all over you.

Oh that's too bad

But then how come TV Series/ Movies have these words in their scripts? For example in FRIENDS/The Big Bang Theory they always mention Star Wars/Various action figures etc?

Yes I understand a Lawyer would be the best person to answer this. I'm just trying to get an idea by other designers' experiences

Thanks for the replies guys

X · Mar 23, 2017

Slow n Steady said:
Oh that's too bad

But then how come TV Series/ Movies have these words in their scripts? For example in FRIENDS/The Big Bang Theory they always mention Star Wars/Various action figures etc?

Yes I understand a Lawyer would be the best person to answer this. I'm just trying to get an idea by other designers' experiences

Thanks for the replies guys

Not 100% sure, but I'm pretty positive there are legal teams behind the scenes working out deals to ensure any mention of trademarked names are cleared with the owners, they may even have to pay a fee unless the owner just wants free advertising. But I would be shocked if they just did whatever they wanted and hoped for the best (not getting sued) lol

Slow n Steady · Mar 23, 2017

phr0zt said:
Not 100% sure, but I'm pretty positive there are legal teams behind the scenes working out deals to ensure any mention of trademarked names are cleared with the owners, they may even have to pay a fee unless the owner just wants free advertising. But I would be shocked if they just did whatever they wanted and hoped for the best (not getting sued) lol

Good point!

I don't want to get into any trouble

Copyright issue?

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