QUESTION

Is it legal to sale t-shirts with a beer logo which is back filled with a camouflaged pattern?

Asked on Nov 06th, 2013 on Patents - Oregon
More details to this question:
For example, the beer symbol instead of the usual colors, using a graphic software changing the color to camouflaged pattern instead. I have made them for myself using iron on transfer, but everyone asks where I got it, so I wondered if I could sell these?
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4 ANSWERS

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Probably not if the logo is a registered trademark of the beer company. However, if the intent is some sort of parody of the logo, you may have a free speech right to alter it.
Answered on Nov 12th, 2013 at 9:50 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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The original beer logo is likely protected by the owner under both trademark law and copyright law. Your use of the original logo would be infringement - and you could be sued by the owner to (1) stop and (2) pay damages. Use a "made up" logo of your own. "BEER".
Answered on Nov 12th, 2013 at 4:28 AM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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You should go to an attorney with the specific question so they can see what you are describing in the context of what logo and how it is changed. Generally speaking. if a changed logo is recognizable, there are likely to be problems, especially if the logo is owned by a large company.
Answered on Nov 12th, 2013 at 3:46 AM

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Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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It all depends on what the rest of the t shirt has on it and whether the use of the logo in any way would lead consumers to believe the t shirt came from or originated from that beer company. Also it must not disparage the beer company. The quality must be in line with the quality that the beer company uses for its t shirts. All in all it would be best for you to get permission from the beer company. However the reality of the matter is that if you are doing one off small production runs then the chances of the beer company trying to go after you is slim.
Answered on Nov 12th, 2013 at 2:45 AM

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