# Need your Opinion



## mrshicks2002 (Apr 28, 2009)

Could someone tell me if I purchased this transfer and placed it on a shirt would it be considered copyrighting since it says cowboys.


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## katruax (Sep 30, 2010)

mrshicks2002 said:


> Could someone tell me if I purchased this transfer and placed it on a shirt would it be considered copyrighting since it says cowboys.


Yes it would be if you intend to resale the design... 

If you make the design yourself for your own personal use than no.... 

If you buy a transfer however the person selling you the design would be in violation of copyright... You likely would too as you know it's not an officially licensed product.

Cool design though...

Kevin


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## BML Builder (Jul 8, 2008)

I have to agree, it would definitely be a copyright violation both for you and the person selling the transfer. It has the word Cowboys, the star, and the colors of Dallas Cowboys. I also agree that it is a cool design though.


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## shayne0307 (May 18, 2011)

BML Builder said:


> I have to agree, it would definitely be a copyright violation both for you and the person selling the transfer. It has the word Cowboys, the star, and the colors of Dallas Cowboys. I also agree that it is a cool design though.


I am not so sure I agree that this would be considered a copyright violation....the word "Cowboys" in itself is not copy-written unless it is related to football or is accompanied by the actual logo.....so I would think it would be okay......I could be wrong. Would love to see other comments


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## Mtnview (Nov 5, 2009)

shayne0307 said:


> I am not so sure I agree that this would be considered a copyright violation....the word "Cowboys" in itself is not copy-written unless it is related to football or is accompanied by the actual logo.....so I would think it would be okay......I could be wrong. Would love to see other comments


The word Cowboys is as you say not copyright/trademarked in itself. However, using it in conjunction with a star and blue & silver/grey colors could give anyone intent on pursuing the issue enough ammunition. I am not an intellectual property attorney of course so give this statement as much weight as you want.


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## royster13 (Aug 14, 2007)

Not sure why all the discussion about "copyright"........The issue here is "TRADEMARK" violation......


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## mrshicks2002 (Apr 28, 2009)

Thanks everyone for the replies. Since I am really just getting into business I didn't want any trouble.


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## BML Builder (Jul 8, 2008)

I would suggest staying away from the pro sports logos, college sports logos, and big corporation logos. Those are the main ones that will likely go after individuals that they think are using their logos or infringing on their trademarks. 

And yes Shayne, you would be correct in the fact that the word Cowboys wouldn't be an infringement, but like John said when you combine the name, colors and the star the intent would likely be implied.


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## ifusion (Jun 3, 2011)

The organization that monitors pro/college sports is called CAPS. They monitor the major selling avenues for infringement. Not being an attorney, I would say that you have enough of their copyrighted stuff there to be considered infringement.

If your offline and selling small quantities they'll probably never know your name, but if your trying to make tons of money off their marks, they'll probably contact you.


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## mrshicks2002 (Apr 28, 2009)

Thanks again for all the replies. If I decide to do this design it will be without the saying cowboys.


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## Eview1 (Apr 29, 2010)

Thought you might like to see this.

§ 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), which provides in relevant part (a)(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which —(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, _sponsorship, or approval_ of his or her goods, services, or commercial activities of another person, ...shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act (emphasis added).
Such a claim requires only a valid trademark and a likelihood of confusion on the part of the public. _See Nike, Inc. v. Just Did It Enters.,_ 6 F.3d 1225, 1227 (7th Cir.1993).

from NATIONAL FOOTBALL LEAGUE v. DALLAS COWBOYS | Leagle.com


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