January 1st, 2012, 08:14 PM
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#4 (permalink)
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Junior Member
- Join Date:
- Sep 2011
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Re: copyright/trademark/licensed infringment?
No ... it doesn't work like that.
"but if I ONLY put Mickey on THEIR shirt it's one-at-a-time deal. Again, selling thread not the garmant."
If YOU put Micky on THEIR shirt YOU would still be in VIOLATION of Disney's trademark. In the case of Trademark, YOU can't put it on ANY garment without permission from Disney.
The way trademark law works is very absolute. ONLY Disney can authorize the placement of Micky on a product. It does not matter who owns the garment prior to your application of it.
Since a person is NOT merchandise, Trademark does not apply.
With shirts, it does. A shirt is a garment, it is merchandise and falls under trademark protection.
At the risk of starting a new thread, there are four exceptions to trademark. Protest, Parody, Satire. These allow a protester, or a comic to print without permission. Also, fair-use is protected - a newspaper can print on a shirt. But, a garment decorator who is selling trademarked works without falling under one of these protections would loose a case under trademark law.
It is not who own the merchandise, it is use. Trademark protects how the MARK is TRADED.
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