Re: T-shirt resale

On 02/12/99, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> On Thu, Feb 11, 1999, Angela Putney <aputney[_at_]aip.org> wrote:
> >
> > I lived in the LA area for several years and noticed (I have not
> > noticed this elsewhere to the same degree) that many of the Toyota
> > pick-up trucks there have one or many of the letters removed from
> > the back of the truck so that while driving behind one you read,
> > "TOYOT," "TOY," "YO," etc. (Some have new letters added too, I've
> > seen "YOYO".) Is this a derivative work?
>
> Of course the practice might invoke trademark law. But there would be
> no infringement or unfair competition action unless the revised mark
> were used in such a way as to confuse or deceive consumers as to the
> actual source of the truck. Not likely.

Okay, I'd buy that as an answer. So why is the T-shirt problem a copyright problem? Many of the T-shirts I see out there are really just vehicles for people to wear (read "free advertiement of") a trademark or servicemark or slogan (e.g., Nike and it's swoosh, perhaps with a "Just Do It")). So would it be all right, copyright-wise, for these people to write other phrases on the T-shirts with trademarks? Those T-shirts with pictures, cartoons, would violate copyright according to Mirage if written on and sold, it sounds like.

						Thanks,
						angela

Angela Putney, Ph.D.
Physics Management Fellow
American Institute of Physics
One Physics Ellipse
College Park, MD 20740

Phone: 301-209-3135
Fax: 301-209-3133
E-mail: aputney[_at_]aip.org Received on Tue Feb 16 1999 - 21:03:18 GMT