# Is it legal to send potential client's a sample with their logo?



## knifemaker3 (Sep 8, 2006)

I've been trying to get ready to start a marketing campaign and wanted to know if anyond knew of the legality of just printing a sample of the potential client's logo to give them as a sample. Would I get into copyright issues as long as it is just a sample for them?

Just don't want to do this and then get sued. Anyone else do this or should I contact them to get permission to print a sample for them?

Thanks
Craig


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## badalou (Mar 19, 2006)

knifemaker3 said:


> I've been trying to get ready to start a marketing campaign and wanted to know if anyond knew of the legality of just printing a sample of the potential client's logo to give them as a sample. Would I get into copyright issues as long as it is just a sample for them?
> 
> Just don't want to do this and then get sued. Anyone else do this or should I contact them to get permission to print a sample for them?
> 
> ...


Actually I think it is a good idea. Be sure to explain that is just as a sample for them to show what you can do.


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## Uncle John (Mar 11, 2007)

I'm not a lawyer, but I play one on TV. If you make a one off to send them as a sample, I don't think the would mind, It could be costly if you don't find out if there even interested if sending to a lot of company's.
John


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## Jasonda (Aug 16, 2006)

Some companies are EXTREMELY sensitive about their logos. Even if the sample is only for them, you should get permission. Just call them up to make sure there are no misunderstandings.


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## sunnydayz (Jun 22, 2007)

I totally agree with Jasonda here, it could be risky without permission as they may wonder how many you printed. I would call and just ask them if it is ok and explain the reason you want to print a sample is so that you can send it to them to show them how great your work is. That way you dont have to wonder if it can get you into trouble.


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## knifemaker3 (Sep 8, 2006)

Thanks all!


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## COEDS (Oct 4, 2006)

I think sending a sample is a great idea, but getting permission to do so is great advice. .... JB


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## Solmu (Aug 15, 2005)

Agree with the above caution. The other thing is, you may want to pick the clients carefully. If they're large businesses (even small local franchises of large businesses) they may get their merchandise done by corporate and not be authorised to get anything produced themselves. So sending a sample in that particular case would be a waste of money.


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## enzogg (Mar 7, 2008)

This could be risky but most of all expensive! It's not easy like pen companies just sending companies pens with their name on it.


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## COEDS (Oct 4, 2006)

I think maybe sending them a invitation to get a logo sewn or designed may be the way to go. You would not be out near as much money and would have their permission if they contacted you. .... JB


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## knifemaker3 (Sep 8, 2006)

Thanks to all who have responded!

I should have mentioned that I wasn't going to just send each company a free sample. Just the ones who would at least give me an interview to showcase my products. Just didn't want to show up without samples.

I will ask before I just print. Just wondered what everyone else thought or if anyone else has done this and gotten in trouble.

Thanks again guys. Gotta love this place!!!

Craig


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## CUSTOM UK (Jun 28, 2008)

Hi Craig. I get frequently get samples from businesses with my name on it. Usually things like pens and coasters. It generally doesn't bother me. However, even though it's a totally personal perspective, I wouldn't be too happy if someone had used my logo without my permission, in whatever context. For me, that would be 'crossing over the line'.

What may be more feasible, is to send someone a printed template with an overlay of their logo on it, stating that this is what their logo *could* look like, on the products you *could* supply to them. In that context you haven't created an *actual* product, so potential clients are much less likely to get offended.


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## SunEmbroidery (Oct 18, 2007)

I agree about the permission part although I know embroiderers often do this without getting permission ahead of time.


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## Knoxinkwerx (Aug 22, 2008)

Hey guys, that is a great idea. Glad I stopped in to read this thread. thanks
scottb
knoxinkwerx.com


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## Robin (Aug 28, 2006)

COEDS said:


> I think maybe sending them a invitation to get a logo sewn or designed may be the way to go. You would not be out near as much money and would have their permission if they contacted you. .... JB


 this is a great idea JB.....you just gave me a new concept idea!! Thanks!


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## Girlzndollz (Oct 3, 2007)

Solmu said:


> Agree with the above caution. The other thing is, you may want to pick the clients carefully. If they're large businesses (even small local franchises of large businesses) they may get their merchandise done by corporate and not be authorised to get anything produced themselves. So sending a sample in that particular case would be a waste of money.


 
I had a recent experience in which someone asked me to lift Rita's logo off the net and put it on something this person produced (their family owns a plastics company) and he wanted to market this item to the Rita's in town. He wanted a sample to show, fully customized.

Since I was recently asked to participate in something similar, I can tell you what my reaction was: I told him I couldn't do this unless he first received permission from the owner's of Rita's for me to print _anything _with that logo.

Second, I advised him the same thing that Solmu mentions here, if it's a franchise, likely they can't buy outside of the franchise merchandise anyway.

I would not want to take a chance of starting off on the wrong foot with a prospect by presuming they will appreciate the idea of using the logo without prior consent. It may be a surprise to them to see their logo already in use by you. 

Showing samples with other company names is totally acceptable and expected, I think. They already know what their logo looks like, so seeing your quality of work is more important at that point, and respect is the name of the game. 

Good luck to you in whatever you decide to do.


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## Bammer (Jun 4, 2008)

Permission, fermission. Whatever. Caution? Throw it out the window! This is hyper-marketing sales baby! 

You got it! A tremendous idea and strategy. However, you should take them a sample drawing on paper first before designing and creating a full fledge bonafide t-shirt. This is only because it will save you cash in the long run. 

I did this myself just recently and have trained others on my team to do the same. They all said, 'Oh no, people will get mad if you use their logo without permission.' Whatever! 

You would be impressed with how many business owners said, 'Damn, I always thought about putting our logo on a t-shirt but never really knew what it would look like.' 

Well, now they do. Boom... sales. Whatever it takes...


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## texasjack49 (Aug 4, 2008)

I'll preface this by saying I'm new in this business but at my age I have worked with many busnesses. If you call for permission, who is authorized to give it and how much of the company's time will you take up seeking permission? You may very well get a NO and lose a sale and lose a potential client at the same time. I've always lived by "it's easier to get forgiveness than permission" and it has served me well. We have only been doing Sublimation for 8 months but all companies have been flattered that we took the time to copy *their *logo. This is not legal advise but you are not selling it and it is a sample going to them how illegal could it be and which company has the time to worry about 1 free T shirt. I would stick with your plan.


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## Girlzndollz (Oct 3, 2007)

Regardless of how many people *do* take the chance and profit, *do* take the chance and don't end up with reprecussions for it, that does not answer the question as to if it is legal or not. For that, consult a lawyer.  Sorry, but that is the only way to answer your question. 

No matter how many people raise their hand to say "Yes, I do this and nothing happened." , it doesn't mean it is right or allowed, and your question was not "Did you consult a lawyer before you did this, or do you just take a gamble?"

All it takes is for one litigious minded business owner to be offended and nervous by what you did to take action and cost you alot of money. You'll have to pay to defend yourself whether you win or lose. Which is cheaper - the consultation or a full blown defense?

If you do not know it is a clearly legal, or clearly illegal, it is a gamble, and potential for financial risk to you. Just my 2 cents, which is lately worth 1 cent!


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## Solmu (Aug 15, 2005)

I think this is a strange one where it is illegal (it's trademark infringement) and yet not really punishable. They can't sue you, because there's nothing to sue you about. They can _try_ and sue you (not that they would, who could have that much spare time and money on their hands?), but it would get thrown out pretty quickly. One sample, given directly to the company... it'd be pretty hard to claim any kind of confusion or financial damages since no member of the general public ever saw it. Ever. Emotional damages for seeing your logo rendered in t-shirt form maybe? Hmm. But as usual, talk to a lawyer if you want anything official.


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## kpk703 (Mar 17, 2008)

If their logo is only used as a sample for them, and it's not displayed or provided to anyone else it's generally acceptable. Copyright laws are intended to protect against use for commercial purposes, i.e. for you to sell to anyone else without the permission of the owner. As a sample it should be okay. That being said a customer could be offended that you used their corporate image without first checking with them. Less a legal issue than one of etiquette.


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## Solmu (Aug 15, 2005)

kpk703 said:


> Less a legal issue than one of etiquette.


I agree. And sometimes etiquette is just as important as the law.


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## Girlzndollz (Oct 3, 2007)

And how do they know you won't turn around and try to sell Rita's shirts and Pizza Hut shirts or McDonald's shirts to people who love those brands? They don't, so they may not like that if they don't buy the shirts from you for them to sell, that you may turn around - by pass them - and sell them directly yourself. After all, you've demonstrated you can replicate the logo and print it.


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## kpk703 (Mar 17, 2008)

Girlzndollz said:


> And how do they know you won't turn around and try to see Rita's shirts and Pizza Hut shirts to people who love those brands? They don't, so they may not like that if they don't buy to sell themselves, you may turn around and by pass them and sell direct. After all, you've demonstrated you can replicate the logo and print it.


I'm going to guess they already know any number of people can replicate their logo. But when you try and sell it to others without their permission they release the hounds!


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## texasjack49 (Aug 4, 2008)

If it was such a big issue then the muti Billion dollar Promotional Product business would come to a screaming halt. I agree that it is correct that the offended company could only sue in Federal court for damages. In other words the profit you made by selling your product with their logo on it. This is a sample T shirt we are talking about not a competing business using a copied logo. Not sure that I would want to do business with the 1 out of 1000 that might be offended because he will probably be offended by many other things.


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## kpk703 (Mar 17, 2008)

texasjack49 said:


> If it was such a big issue then the muti Billion dollar Promotional Product business would come to a screaming halt. I agree that it is correct that the offended company could only sue in Federal court for damages. In other words the profit you made by selling your product with their logo on it. This is a sample T shirt we are talking about not a competing business using a copied logo. Not sure that I would want to do business with the 1 out of 1000 that might be offended because he will probably be offended by many other things.


I agree completely...I'm more concerned about local small concerns than the big guys who regularly see tons of promotional material offers being sent their way. If I were to replicate a logo of a local vendor I might give them a heads up...then again, perhaps not.


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## moffett8 (Jun 26, 2008)

There is someone on here that is a lawyer and they make t-shirts too. probably would be the best one to ask. I saw them giving some one a copy of a NDA non disclosure agreement. Maybe do a search for that and you can find them and send them a message or email ans ask then.

Philip


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## Girlzndollz (Oct 3, 2007)

It's really not a good idea to get legal advice on a t-shirt forum. This is all speculation and "kicking the can around" as far as I'm concerned, hehe. Do I think someone is going to haul someone off to court for making a sample promo tee?? No, but no one asked that!  

But personally, I wouldn't do it, cause I'm a chicken.


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