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common word tee shirt design

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bakws

Junior Member
What is the name of your state? NJ. About 8 years ago I made a prototype tee shirt design using a common 2 word phrase (still have receipt). I have annimated two of the letters to objects that look like similar to the letters. I did search and found that there is a company appling for a ?trademark? in the clothing catagory. Would I be violating any copyright or trademark laws by producing and selling my tees? Any advice is appreciated. Thanks! bWhat is the name of your state?
 


divgradcurl

Senior Member
What is the name of your state? NJ. About 8 years ago I made a prototype tee shirt design using a common 2 word phrase (still have receipt). I have annimated two of the letters to objects that look like similar to the letters. I did search and found that there is a company appling for a ?trademark? in the clothing catagory. Would I be violating any copyright or trademark laws by producing and selling my tees? Any advice is appreciated. Thanks! bWhat is the name of your state?

If your tee shirts have the same or a confusingly similar phrase to the trademarked phrase, then you could potentially be liable for trademark infringement. The fact that you originally created the t-shirt 8 years ago is probably irrelevant --- if you didn't actively sell the t-shirts using the phrase, then you have acquired no trademark rights to the phrase, and someone else can trademark the phrase.

You might want to sit down with a local attorney, who can review all of the facts of your situation and advise you accordingly.
 

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