Legal Question in Intellectual Property in California

T-Shirts of my own pics of cars with no logos legal???

Hello,

I would like to know if I can produce and sell t-shirts with photos I have taken of well known cars without permission of the car manufacturing companies as long as I remove all logos of the car in the pictures.....

An example of a t-shirt would be a photo of a Ford Mustang with all ''Ford'' or ''Mustang'' logos removed and a sentence I make up like... ''Faster than fast''

Is it legal to make and sell these t-shirts without asking for licensing? I do not show any logos....

also, can I mention the word ''Mustang'' in the t-shirt description of my web site where I will be selling the t-shirt from?

What about if I put a disclaimer warning customers that t-shirt is not a Ford licensed product, that it is produced by me and that it hasn't any logos?

Any advise is greatly appreciated. Thanks a lot.


Asked on 2/04/02, 6:58 am

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: T-Shirts of my own pics of cars with no logos legal???

This is a fairly detailed question. It would take a little research to give you a more difinitive answer.

There have been photographs of sports Celebrities that were taken during a game, and published onto a poster for sale. Since the game was open to the public, and anyone could have taken a photo, it was not deemed to be an unauthorized use of his likeness.

A T-shirt, like you describe here, may fall into that catagory. This is an area of law that is not completely settled, and the results of a lawsuit can turn on any given fact.

This is not an endorsement one way or the other. It would require a bit of research before an attorney could give you a real difinitive answer.

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Answered on 2/04/02, 3:29 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: T-Shirts of my own pics of cars with no logos legal???

I would suggest that you should refrain from using the word "Mustang" to advertise your product. You may get away by printing the pictures of cars but it would be better if you make little changes to the picture rather than reproducing those pictures exactly. You can consult me at 818-481-9284.

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Answered on 2/04/02, 9:09 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: T-Shirts of my own pics of cars with no logos legal???

Your question is not as simply as you might think, and I would STRONGLY suggest that before you embark on this enterprise, you engage a competent trademark attorney to advise you. There are many subtleties to what you propose that could not be predicted or answered in a consultation.

In general, you should understand that trademarks and trade dress for products such as a Ford Mustang includes not only the name and logo, but the actual design of the car. One of the reasons the cars you choose appeal to you is because of the distinctive way they look. The car company OWNS that look. Small changes such as removing the logo would not protect you from a trademark infringement suit. This is not to say that your idea could not be made workable, however.

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Answered on 2/12/02, 12:24 am


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