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(Message started by: Tim_Mack on May 11th, 2005, 9:49pm)

Title: School Names
Post by Tim_Mack on May 11th, 2005, 9:49pm
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?

Title: Re: School Names
Post by Isaac Clark on May 12th, 2005, 3:57am
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.

Title: Re: School Names
Post by JSonnabend on May 12th, 2005, 7:59am
I agree with Isaac's analysis (he has a typo, though, it's "nominative" use).

- Jeff

Title: Re: School Names
Post by Isaac Clark on May 12th, 2005, 6:48pm
That's very kind of you to call it a typo, Jeff.  I used the wrong
word completely.

Title: Re: School Names
Post by larkas on May 13th, 2005, 9:27pm
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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