Re: Rock Band T-shirts
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Posted by M. Arthur Auslander on April 04, 2003 at 20:28:08:
In Reply to: Rock Band T-shirts posted by Matthew Athauda on April 04, 2003 at 00:43:50:
: I have checked loads of band sites, but I have not found any TM next to their name.
: Could I legally make a t-shirt printing their name on the front without their permission.
Dear Mr. Athauda,
Without taking professional responsability, an ® is the statutory notice that binds without actual notice.
There may be common law right that you might infringe that may be stoppable.
In these days, if I represented a band, I'd have at least an application for a clothing trademark.
A trademark search would help. Even if it did not show a registration or application, if the band is in the know, and find you, and have the money to hire good attorney's to threaten or sue it could cost more than its is worth.
There is also an antidilution statute now that may extend rights.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
E arly L egal A dvice I s N ot E xpensive™
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