# Printing a shirt with trademarked logos.



## Whateverchan (Aug 21, 2013)

Hi guys,

I am making a shirt with trademarked logos from Namco. I have tried to contact them many times for a while for permission, but they never replied to me. CustomInk and Uberprints couldn't forward my order without written permission from Namco. I really want to make this shirt, but I have to way to get in touch with the PR team. I asked the moderator on the Namco forum. He said it should be fine if it's not for profit, but he also can't give me the OK, only the PR team can.

Is there any place that I could print my shirt without having them questioning my design? The quality should be good, too.


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## royster13 (Aug 14, 2007)

Whateverchan said:


> Hi guys,
> 
> I am making a shirt with trademarked logos from Namco. I have tried to contact them many times for a while for permission, but they never replied to me. CustomInk and Uberprints couldn't forward my order without written permission from Namco. I really want to make this shirt, but I have to way to get in touch with the PR team. I asked the moderator on the Namco forum. He said it should be fine if it's not for profit, but he also can't give me the OK, only the PR team can.
> 
> Is there any place that I could print my shirt without having them questioning my design? The quality should be good, too.


I think their "silence" was them speaking very "loudly" saying no way.....

As far as the moderator on an online forum, he probably has no authority to say "diddly squat" so I think you best give up on the idea....


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## Whateverchan (Aug 21, 2013)

Well, a simply reply saying "no" wouldn't bankrupt them. I have used trademarked logos from Persona 4 Arena before at Spreadshirt, and no one said anything. I could just made my shirt there, but I wanted to see if there's any better place.


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## deepbluex (Jun 24, 2011)

Whateverchan said:


> Well, a simply reply saying "no" wouldn't bankrupt them. I have used trademarked logos from Persona 4 Arena before at Spreadshirt, and no one said anything. I could just made my shirt there, but I wanted to see if there's any better place.


You are treading on really dangerous waters.

Printing shirts with unlicensed trademarks is quite a bit worse than simply infringing on copyrights - which is a simple civil issue among private parties.

If you sell these shirts, there's an element of fraud that can be implied, much like when one sells fake designer products. You are now entering the murky legal waters of "counterfeit products" and those are enumerated in the penal codes of every state.

"Penal code" means "criminal prosecution", not merely "cease and desist" letters by the owner of the copyrighted material. The owners can not only send their private lawyers at you, but call the police to dismantle your operation, as well as the operation of any accomplices such as hired screen printers that enter into such activity with a reasonable knowledge that counterfeit products are being made.

Here's the California section:

California Penal Code Section 350 states in part:

"(a) Any person who willfully manufactures, intentionally sells, or knowingly possesses for sale *any counterfeit of a mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office, shall, upon conviction, be punishable as follows:

(1) When the offense involves less than 1,000 of the articles described in this subdivision, with a total retail or fair market value less than that required for grand theft as defined in Section 487, and if the person is an individual, he or she shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment; or, if the person is a corporation, by a fine of not more than one hundred thousand dollars ($100,000).*

(2) When the offense involves 1,000 or more of the articles described in this subdivision, or has a total retail or fair market value equal to or greater than that required for grand theft as defined in Section 487, and if the person is an individual, he or she shall be punished by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months, or two or three years, or by a fine not to exceed two hundred fifty thousand dollars ($250,000), or by both that imprisonment and fine; or, if the person is a corporation, by a fine not to exceed five hundred thousand dollars ($500,000).

(b) Any person who has been convicted of a violation of either paragraph (1) or (2) of subdivision (a) shall, upon a subsequent conviction of paragraph (1) of subdivision (a), if the person is an individual, be punished by a fine of not more than fifty thousand dollars ($50,000), or by imprisonment in a county jail for not more than one year, or in the state prison for 16 months, or two or three years, or by both that fine and imprisonment; or, if the person is a corporation, by a fine of not more than two hundred thousand dollars ($200,000).


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## Whateverchan (Aug 21, 2013)

> If you sell these shirts


"If."

I don't sell them. I make them for myself.


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## kimura-mma (Jul 26, 2008)

Whateverchan said:


> "If."
> 
> I don't sell them. I make them for myself.


You can justify it however you want. But it's still illegal. 

And based on your info above, you are not making them for yourself. You are trying to get a printer to make them for you. And they clearly don't want to because you do not have permission to use the logo or artwork. You are asking them to do something illegal. 

Infringement is not based on selling the shirts. It's based on using a trademarked logo without permission. You should steer clear until you can get a license.


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## deepbluex (Jun 24, 2011)

Whateverchan said:


> "If."
> 
> I don't sell them. I make them for myself.



So let me get this straight. You want to find leads for professional screen printers (whom normally fill orders in the many dozens to hundreds of pieces per order) who will print for you a Namco branded tshirt just for your personal consumption? Just one shirt. Ok, you really love it so you'll get five. Is that right? Because you love wearing the exact same shirt every day.

Can you understand how completely fishy your response sounds?


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## Whateverchan (Aug 21, 2013)

No, I don't. 

Why would I wear the same shirt everyday, or even different shirts with the same design? One is enough. I am aware of the legal issues, but what's the real harm, honestly? I only started making custom shirts because I want to wear shirts with my favorite video games' picture. If I can't, I'll just find another site. It's not like anyone would chase after me on the street.

It sucks, though...


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## binki (Jul 16, 2006)

Whateverchan said:


> NI only started making custom shirts because I want to wear shirts with my favorite video games' picture. If I can't, I'll just find another site. It's not like anyone would chase after me on the street.
> 
> It sucks, though...


It does suck and your thoughts are not uncommon. Items that are not trademark or copyright protected have a much higher revenue number than those that are. Things like clothing designs are considered utilitarian and are copied all the time. If trademark and copyright laws were completely removed I don't think you would see a reduction in original work but you would see innovation that is hard or impossible to copy, thus creating demand for the real item. 

Good luck in your search, maybe just purchasing the licensed goods would work.


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