# General infringement questions



## gearheadtees (Mar 30, 2013)

I'm very close to opening my online t-shirt store but am getting more and more paranoid about copyright/trademark infringement as i read through posts. I have a few designs which are drawings of vehicles by major manufacturers (toyota, volkswagen, etc). The cars are identifiable by styling, but no emblems are there of course. As i write this im pretty convinced that its infringement, but is it? does anyone have experience with something similar to this?


general questions:

do these things usually start with a c and d order and dont end up with a lawsuit? does anyone have business insurance for a tshirt store that would provide any coverage if you get sued? is "font" protected by copyright/trademark? For example, if I have writing on my shirt that has text which i had in photoshop, can i get sued? What about the shapes in photoshop, like stars, arrows, the ying-yang sign?

Thanks for your responses


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## kimura-mma (Jul 26, 2008)

gearheadtees said:


> The cars are identifiable by styling, but no emblems are there of course. As i write this im pretty convinced that its infringement, but is it?


Yes, it is infringement. The styling of the cars can be protected as intellectual property as a "trade dress."

Basically, the style of the car is distinctive. Even though you are not using any logos or emblems, consumers will still know what make and model the car is. This could cause confusion in the marketplace, which would be the basis of an infringement claim.



gearheadtees said:


> do these things usually start with a c and d order and dont end up with a lawsuit?


It is common for IP owners to issue a C&D as a first communication. But they are not require to do so. They could go straight to a lawsuit if they choose. On a small scale level, you're likely to get a C&D because that's probably enough to get you to stop. But some IP owners want to send a message to future infringers, so they make an example of small timers by going straight to a lawsuit as a first action.



gearheadtees said:


> does anyone have business insurance for a tshirt store that would provide any coverage if you get sued?


Yes, there are types business insurance that could cover IP infringement. But it can be complicated and is often limited.

In some cases, you need to provide proof that you are not currently knowingly infringing on existing IP. That may be difficult in your case if you are selling shirts featuring popular cars.



gearheadtees said:


> is "font" protected by copyright/trademark? For example, if I have writing on my shirt that has text which i had in photoshop, can i get sued?


The actual font file is protected by copyright. So it is illegal to distribute the file without permission.

But the actual design elements of the font are not protected. So it's perfectly legal to use fonts in your designs.



gearheadtees said:


> What about the shapes in photoshop, like stars, arrows, the ying-yang sign?


Simple design elements are not protected. You can use them.


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## GordonM (May 21, 2012)

Don't forget it's how you use the distinctiveness of the design, whether your work could be construed by a reasonable person as being represented by the owner of the property, and whether the design is incidental or central to the depiction. A VW bus in a scene with a bunch of hippies at the beach is incidental, but just the bus alone could be construed as central.

Since modern cars are not as visually distinctive as the older ones, and any design patents on the styling of an old car are long expired, you're *generally* much safer with vintage automobiles. You still need to do your homework, but it's less likely GM will sue you if you celebrate the '57 Chevy Bel Air with your own art on your t-shirts. Or '48 Tucker or a '39 Plymouth or whatever. 

But like I said you need to do your homework regarding what's likely to be passable, and what's not.

If it were me, I would NOT print a depiction of any modern car on a t-shirt, unless I first got express written permission. You could get it for the asking, though you'll need to provide a sample of the artwork, and a general plan of your distribution and marketing. They just want to make sure you're not going to pass yourself off as an authorized merchandiser.


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## dot-tone (Jun 19, 2008)

I've seen this questions asked hundreds of times and the correct answer is yes, it's technically copyright infringement. I'd never tell anyone to feel free to do it. With that said, it's done sooo much that I wonder were the line is, that make a Ford or someone really go after someone. We all know that car clubs have bazillion shirts done a year and most all never try to get approval and if they did ask, I'm sure they would be turned away.

I've fallen into the camp that believes there are just those that are "worth going after" and those they don't bother with. For example,

a car club selling 3 cars on a tree for an event of 50-300 tees is probably not a target.

A company that sells retail on line or brick and mortar that has an obvious direction of selling "car tees" where the "car" is the focus, I'm sure they would be a target. 

a screen print Co. That specializes in selling a line of car tees at wholesale to retailers is a target.

Joe printer that does up some car art for the car club may not be a target.

All of the above " legally and technically could be a target....but more likely, not all ever will.

The more you look like your making money, the better your chances are of getting a call.

During one debate on this issue a few years ago on another forum, Ford was actually called and they did have someone respond from the legal dept. and actually posted on that forum with a letter. It basically gave a run down of what they will allow you to do. Don't quote me, but I remember a few parts. 1, was that you could do the entire car, lets say a ford mustang but you could not use ANY insignia/emblem or logo. Basically, they want to make sure nobody confuses the tee or event as being sanctioned or sponsored or endorsed by ford.you may do your own artistic rendition or interpretation of the vehicle and may even add in something that "indicated an emblem" but you could not make it "legible" 

That was their beef. They don't want anyone to think events are endorsed etc.

That while deal was specifically pertaining to car shows and events.
It's not good PR to harass a car enthusiast club it group. 


Retail tees I'm sure are another story.


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## wackhaus (Mar 30, 2013)

As a general rule artwork that you create is original artwork and has protections of its own. 
If these are hand or computer rendered drawings, you should be safe. If you just threw some filters on a photo and knocked the threshold around, then you might want to change some details, maybe the shape of the headlights or taillights, revise the grill, exaggerate the fender etc. keeping the general impression of the car while creating "difference"

in all my years the only car we were told to stay away from was the mini cooper, apparently they have such a distinct and identifiable body type, that even drawing it as A SHAPE was something we werent bothering with.


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