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   Author  Topic: School Names  (Read 494 times)
Tim_Mack
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School Names
« on: May 11th, 2005, 9:49pm »
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I started a website called ThisSchoolSucks.com and I am selling custom shirts with any school name and SUCKS! after it. Can I get myself in trouble for selling certain school names?
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Tim McGarrigan
BAM-MARKETING, LLC
127 S. White Horse Pike, Suite B
Audubon, NJ 08106
tel: (856) 547-5889
fax: (856) 547-1462
web: http://www.BAM-MARKETING.com
Isaac
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Re: School Names
« Reply #1 on: May 12th, 2005, 3:57am »
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If by getting in trouble you mean can you be sued the answer
to that is yes.  Possibly putting the name of a school on
t-shirt is a non infringing normative use, and at least arguably
the pejorative nature of the shirt may defeat attempts to
suggest that you are claiming a false association with the
school.
 
Maybe.
 
But even being right about those things does not mean you cannot
be sued and that defending yourself from a suit would not cost
time and money that you'd really rather use for something else.
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Isaac
JSonnabend
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Re: School Names
« Reply #2 on: May 12th, 2005, 7:59am »
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I agree with Isaac's analysis (he has a typo, though, it's "nominative" use).
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
Isaac
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Posts: 3472
Re: School Names
« Reply #3 on: May 12th, 2005, 6:48pm »
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That's very kind of you to call it a typo, Jeff.  I used the wrong
word completely.
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Isaac
larkas
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Re: School Names
« Reply #4 on: May 13th, 2005, 9:27pm »
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I also agree with Isaac's analysis except I would point out what was so obvious to Issac and Jsonnabend that it went unsaid.
 
The issue is with trademarks (or servicemarks), not copyright.
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