# Can I print shirts with graphics resembling old video games?



## RhinoAmato (Feb 23, 2009)

I just got a few ideas based on old Nintendo games, like Mike Tyson's Punch Out? The graphics would be created using similar fonts and I wanted to know if Nintendo still held copyrights on games they no longer sell. I know it's best to consult a lawyer, but considering costs, I'd like to get your opinions first. Do you think it would be an issue to make shirts like this? Thanks everyone!


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## Greatzky (Jan 28, 2009)

if it's a reference or a parody of the name or something I think you would be ok. I make shirts for Earthbound, phoenix wright, and chrono trigger and I haven't had problems with any of them. I don't use the name of the game on the shirt. 
In doubt ask a lawyer, but i'd say you are probably alright.

-Scott Lewis


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## RhinoAmato (Feb 23, 2009)

Thanks Scott,

It will definitely be a parody and I'm not going to use the exact words. It say Punched Out instead of Punch Out but be in a similar font with boxing gloves.

I had some other good ideas using Mario and the Pillsbury Doughboy but I those are off limits considering they are still used to market products.


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## Solmu (Aug 15, 2005)

RhinoAmato said:


> I wanted to know if Nintendo still held copyrights on games they no longer sell.


Absolutely. Think of the longest duration that could ever possibly be reasonable for copyright, then double it. You're now at half the time it _actually_ lasts 



RhinoAmato said:


> I'd like to get your opinions first.


Our opinions suck. We're all "Hey, it's not my company... do whatever the hell you want." And Nintendo are all "Pew pew pew, hahaha, I sue you!!!"


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## RhinoAmato (Feb 23, 2009)

How to large companies like Johnny Cupcakes get away with poking fun at the Jordan logo. Is it because he changed it enough to include a chef dunking a cupcake? I thought if any company would sue Nike would be one for sure.


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## splathead (Dec 4, 2005)

RhinoAmato said:


> How to large companies like Johnny Cupcakes get away with poking fun at the Jordan logo. Is it because he changed it enough to include a chef dunking a cupcake? I thought if any company would sue Nike would be one for sure.


Maybe they are and we just don't know about it. or maybe Nike owns them, who knows.

The only way for you to know for sure if you can do what you want to do is ask an attorney.


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## Solmu (Aug 15, 2005)

RhinoAmato said:


> How to large companies like Johnny Cupcakes get away with poking fun at the Jordan logo.


Big brass balls, and lawyers.


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## CitruS (Feb 14, 2009)

in the interview he seid, because its a parody


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## RhinoAmato (Feb 23, 2009)

Right, but I'm guessing parody is hard to define and there is a fine line between it and violation.


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## tonygraystone (May 1, 2008)

isnt all publicity good publicity? i mean if Nintendo or whoever told you to remove your design from production this would 1) make that shirt sort after and 2) bring your company lots of attention


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## kimura-mma (Jul 26, 2008)

tonygraystone said:


> isnt all publicity good publicity?


For the most part, I would agree with that. But do you really think Nintendo's attorneys sending a cease and desist letter to a random t-shirt company will make the evening news? I'd imagine C&D's get sent out every day, and no one ever knows about them.



tonygraystone said:


> i mean if Nintendo or whoever told you to remove your design from production this would 1) make that shirt sort after


What good would that do? If Nintendo forces production to stop, you wouldn't be able to supply the demand anyway.



tonygraystone said:


> and 2) bring your company lots of attention


I think you're overestimating the value of receiving a C&D or being sued. If a company can afford a long drawn out legal battle with Nintendo, then it would attract attention. But if the company can't afford that, then this situation gets resolved real fast... C&D sent, production stopped... end of story.


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## tonygraystone (May 1, 2008)

Probably right, 

but how about if the case was debatable, and you could spin a 'david vs goliath' story with local media.

Id never expect to win anything but thats the kind of attention i had in mind


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## kimura-mma (Jul 26, 2008)

If you're capable of that type of media spin, why not just try straight up marketing within your target niche? Makes more sense than getting sued by Nintendo just to get some press.


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## [email protected] (Sep 28, 2009)

I own a card company as well as tee shirt co. I sued a company for using the same name as our card line and won. Factors: you have to change at least 10% of the design to be different. No popular tag lines or logos can be used . Parodies have to be VERY obvious, and they are still not totally protected. Ultimately it will be the judges decision if enough change has been made and if copyright has been infringed upon. SNL does it all the time ...but who wants the bad press of being no fun and sueing SNL ?
It will always be a gamble...the law is not black and white .


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## splathead (Dec 4, 2005)

plafirspa said:


> I accept the longest duration that could ever possibly be reasonable for copyright, then double it.


I am not quite sure what that means, but here is a handy calculator Digital Copyright Slider


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