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Post by 1stDownStorm on Feb 5, 2008 19:00:53 GMT -5
Yeah, to say that slocoma better watch his back if he makes a shirt with that logo is wrong on so many levels. First off, I highly doubt that the Riverrats have the picture of a rat running with a ball copyrighted. Secondly, the Riverrats have neither the time nor the money to legally pursue a fan who sold a small number of t-shirts that actually serves as free advertising for the team. Finally, it would be embarrassing for the news to come out that a team is suing a legitimate fan for selling freaking t-shirts.
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Post by Standard Deviation on Feb 5, 2008 19:49:47 GMT -5
What you dont know about trademark and copywrite law can hurt you. WHAT IS A TRADEMARK? A trademark can be a name, slogan or design or a combination of those elements that is used to identify the source of goods (or in the case of a service mark, services) and to distinguish that source from any other source providing the same or similar goods and services. For the sake of clarity, I will use only the term "trademark" even though the term service mark may otherwise be applicable. While titles and short phrases may not be copyrightable, they may be protected by trademark if they meet the appropriate qualifications. (Read "The Protection of Book Titles".) The Supreme Court has also decided that, under certain limited circumstances, merely a color can be a trademark. So, for example, a particular use of color plus a unique design, type style, etc. may all be protectable under the general theories of trademark law or in some instances, the law of unfair competition. In the book publishing business, this is similar to what is known as "trade dress." It is the look and feel of a book and may be protectable under trademark law if the trade dress has acquired a "secondary meaning" and is not purely functional. "Secondary meaning" means that the mark has become associated in the mind of the public with a particular source and that therefore use by another of the same reference may lead to confusion. As a result, there may be protectable elements under the trademark law if there is some potential confusion as to source in the mind of the public. www.ivanhoffman.com/trademark.htmlA RAT carrying a red white and blue football using a slogan adapted by a team in a league that uses that football and uses a RAT as a logo certainly falls into this category. Intellectual property belongs to the team and the league. |
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Post by 1stDownStorm on Feb 5, 2008 20:00:00 GMT -5
He's write, slocoma. You better just make a shirt that says "Proud fan of an indoor football team in Erie, PA." instead.
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Post by Standard Deviation on Feb 5, 2008 20:05:19 GMT -5
Or he can ask permission like other people do.
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Post by Gene on Feb 5, 2008 20:07:56 GMT -5
Yeah, to say that slocoma better watch his back if he makes a shirt with that logo is wrong on so many levels. First off, I highly doubt that the Riverrats have the picture of a rat running with a ball copyrighted. Secondly, the Riverrats have neither the time nor the money to legally pursue a fan who sold a small number of t-shirts that actually serves as free advertising for the team. Finally, it would be embarrassing for the news to come out that a team is suing a legitimate fan for selling freaking t-shirts. |
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Post by Gene on Feb 5, 2008 20:10:06 GMT -5
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Post by 1stDownStorm on Feb 5, 2008 20:12:40 GMT -5
Maybe I misinterpreted his post, but joe seemed to dismiss any chance of the team allowing him to sell the shirts.
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Post by theherohimself on Feb 5, 2008 21:29:48 GMT -5
thats because Joe is the only man who is allowed to do anything with the league. I mean he in his own words will always be the FAB president until the end of time becuase he is the leagues go to man. Make the shirts please... as for the year of the rat being associated with the team, I seriously doubt it. The Chinesse just may have a law suit on their hand! They need persmission to use their year!
If you have to lose the red, white, and blue ball (which actually doesn't look like the ball really) then do it. I want one of these shirts.
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Post by Free Agent Fan on Feb 5, 2008 22:00:31 GMT -5
oh no hot water! lol, get a grip. The Chinesse came up with the year of the rat I do believe, not a blue haired football fan. Considering it doesn't say anything, or have anything on it thats copyrighted, nothing can get him into hot water. If he makes the shirt, I am going to buy one just for spite. lol Just out of spite.......welcome back to rookie level. lol |
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Post by theherohimself on Feb 5, 2008 22:03:06 GMT -5
wow, how gracious of you! Just change my posts... I am a starter and that made lil joe mad... I think its cute when Joe is wrong and he cried about it
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Post by Free Agent Fan on Feb 5, 2008 22:11:25 GMT -5
This entire thread was about propposed FANCLUB logos. The title of the thread isn't "let's all make some art like a team and sell shirts to make money". Fanclubs, with teams PERMISSION, design a similar or different logo for the club. The club in turn provides care packages for the players. And/or gives money to charities. Maybe some people just don't understand that concept. We can't even sell AIFAfans t-shirts without the leagues permission. Because AIFA is in our logo, and we would be profitting from it. Use common sense, instead of ending all your posts with lol and j/k. This isn't a freaken joke. These players wouldn't have as much without a fanclub.  |
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Post by Gene on Feb 6, 2008 6:59:04 GMT -5
oh no hot water! lol, get a grip. The Chinesse came up with the year of the rat I do believe, not a blue haired football fan. Considering it doesn't say anything, or have anything on it thats copyrighted, nothing can get him into hot water. If he makes the shirt, I am going to buy one just for spite. lol Just out of spite.......welcome back to rookie level. lol  |
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Post by slocoma on Feb 6, 2008 7:39:50 GMT -5
Sorry... not my intention to start up trouble with my post. I have deleted my content. If anyone wants to discuss anything with me regarding this, please PM me.
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Post by Standard Deviation on Feb 6, 2008 7:53:46 GMT -5
... as for the year of the rat being associated with the team, I seriously doubt it. Dont be so quick to doubt it. It is our theme for the year and it was ME not Joe that brought it up at our first staff meeting. Joe got behind the idea right away and supported it. Secondly, the Chinese cannot copywrite a slogan. Governments do not hold trademark or copywrite priveledge on intellectual property. Its obvious you did not read the link I provided. Third, your unsolicited bashing of Joe is not called for. His intent is to raise money to benefit the team which is in reality the purpose of this very board. To benefit the teams and the leagues. every year Joe ends up losing some of his own money while backing up the fan club and its not fair. He has a family to support too. While I admire Slocomas entreprenorial talents, this forum isnt here to fill his pockets and that kind of personal endeavor is not fair to the fan clubs and teams. |
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Post by The Grim Reaper on Feb 6, 2008 9:04:47 GMT -5
thats because Joe is the only man who is allowed to do anything with the league. I mean he in his own words will always be the FAB president until the end of time becuase he is the leagues go to man. Make the shirts please... as for the year of the rat being associated with the team, I seriously doubt it. The Chinesse just may have a law suit on their hand! They need persmission to use their year! If you have to lose the red, white, and blue ball (which actually doesn't look like the ball really) then do it. I want one of these shirts. I tried to warn you hero..............  |
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