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NASH
21-05-2010, 02:07 PM
Hello All

How would i find out if this is copyright procted i believe theres a lawyer on this forum

Andrew
21-05-2010, 02:27 PM
Yep, I believe so as that Badge belongs to the FA. You would need to change it a fair bit as the three lions doesn't belong to them.

NASH
21-05-2010, 02:30 PM
so can i use the St. George`s flagor the UNION JACK instead ?

Andrew
21-05-2010, 02:33 PM
England flag is fine to use and even an abstract of just the three lions. Just try not to use the ones from the badge. The bulldog is another image that I have seen rolled out recently.

TransferGraeme
21-05-2010, 06:56 PM
The phrases "The World Cup" and "World Cup 2010" are technically copyrighted to FIFA - and although they are unlikely to follow up on every printer who produces something with them on you are, strictly speaking, in breach of the copyright laws if you use them - as you also are if you use "The Olympics" and a whole range of other phrases which would seem to be in common currency.
The 3 lions badge is very strictly policed by the FA and I would strongly advise against using any design which is recognisably based on the badge, and I know they tried to copyright the words "three lions" though I'm not sure if this has yet been tested in court.
The St George's flag can be used as you will, as can the word "England" although again there is some question as to whether the FA have successfully copyrighted it in the font which they use on players' kit etc.
We have researched this all pretty carefully for our range of World Cup transfers, rhinestones, etc and it is an absolute minefield!

Andrew
22-05-2010, 10:52 AM
I can't see anyway how anyone could copyright "The World Cup" as there are to many events that this covers and goes way beyond football. I bet there are many other World Cups happening this year. The Three Lions logo is a symbol from the distant past and long before football so they just have a version of that. Was Richard the Lionheart? Can't remember when checking. Basically, you just have to be careful.

TransferGraeme
22-05-2010, 11:07 AM
All the other events are named slightly differently for example "The Rugby World Cup", etc - the 3 word phrase "The World Cup" and "World Cup 2010" are copyrighted to FIFA.
I have considerable experience of sports and event merchandising and I can assure you that governing bodies of other sports are very careful not to incur FIFA's wrath in these matters!
The three lions in that particular format with the heraldic "roses" in the badge is copyrighted to the FA, but you're right you can produce 3 lions in other formats - although in my experience football fans can be quite picky, and will reject anything which is not "the real thing".

accdave
22-05-2010, 11:46 AM
Slight thread wander but same theme. How does everybody view their business prospects for thr World Cup

I did think it might generate some good business but having the seen the volume of stuff and more importantly the low price of stuff in the high st stores I'm not convinced it's going to make much difference. Mind you it''s early days yet :D

jennywren
23-05-2010, 10:09 AM
I have been offered football mugs from wholesaler in boxes for as little as 90p they are tacky ( very tacky) but I agree with accdave that the market will be flooded with cheap imports it won't be worth touching. China will be doing flags, mugs, stickers, ect. It will be everwhere.

Andrew
23-05-2010, 07:10 PM
Seems you are right Graeme that they have applied for a trademark on "world cup" and other variants such as 2010 etc. As it says applied does this mean it hasn't yet been granted? I can see Football World Cup and the obvious one's being straight forward for them. There is plenty that can be done that isn't seen as passing off on the England merchandise but agree that steering clear of Fifa and the FA is the only option.

Having said that like Dave mentioned, so many other people have jumped on the branded merchandise items the market will be flooded. I have a site half set-up but don't know if I can be bothered finishing it.

accdave
23-05-2010, 11:11 PM
Went in our local Wilkinsons yesterday ( it's not difficult, our shop is part of their building :D ), car flags 2 for 50p :o :o

Paul
24-05-2010, 06:02 PM
there you go ;( 50p for 2... there is no way we can compatate with them and they prices. but I think there is quite few people on here who are missing something :) we dont do sublimation to copy somone else work... we have sublimation to be unique!

Andrew
24-05-2010, 08:29 PM
That is it Paul and what we have set up for the world cup. Sublimation in the UK is not really going to compete with the imported, mass produced items although has it's own strengths which you have to work to. Most of these flags are polyester so 50p for 2 is great as a base product to then create something unique.

chongsta
25-05-2010, 09:22 PM
Could you use a "shield" image, with a 3 lions crest from days of yore and "england" in a similar font?

or...does the simple use of all 3 in one image constitute copying of the FA's emblem?

cheers
Dave.

bms
25-05-2010, 10:12 PM
Could you use a "shield" image, with a 3 lions crest from days of yore and "england" in a similar font?

or...does the simple use of all 3 in one image constitute copying of the FA's emblem?


I suspect therein lies a legal question and plenty of opportunity for legal teams to earn plenty arguing over this. I would err on the side of caution and if it looks like the official logo then it's likely to infringe in some way. I remember certain confectionary items being copied and even though it didn't say Mars on the outside, the fact it was in a black wrapper and in red writing it was close enough to infringe...

TransferGraeme
26-05-2010, 10:54 AM
From my experience of this (and I have about 20 years in various aspects of corporate and event merchandising) and to be very simplistic about it (and as I'm not a lawyer I can be) if the representation is sufficiently similar to the "real" badge, trademark or whatever as to confuse a "typical member of the public" into thinking that it is an official product, or officially endorsed by the owner of the trademark, the event organiser, etc then that is sufficient to make action possible. Martin's example of the confectionery item above is a good one - there was also a case where a chocolate manufacturer introduced a new milk chocolate range in purple foil - which disappeared from the shelves in days. In the world of sport there are many examples - Wimbledon, for example, have stopped many tennis products which feature green and purple colour schemes, and at the last Olympics a major sportswear manufacturer found themselves in trouble for producing an item with 5 bands of colour in the same order as the Olympic rings on a range of garments.
In the case of the three lions - my interpretation would be that if you produced a shield with 3 heraldic lions in blue on a white shield, even if they were different lions, then you would be courting trouble, and given that the colour is quite crucial in relation to the England team my advice would be to steer well clear.

chongsta
26-05-2010, 12:02 PM
Bah!

Thanks for the info though. ;)

I think Ill stick to the George cross design then.

cheers
Dave.

jennywren
26-05-2010, 06:40 PM
On a lighter note I have had some England stuff that I brought when they were last playing, so hopeful I can get something on this stuff thats been a box of the last 4 years or so, even if I get 50p I'll be happy. :lol: hats, flags mugs

bms
26-05-2010, 08:44 PM
On a lighter note I have had some England stuff that I brought when they were last playing, so hopeful I can get something on this stuff thats been a box of the last 4 years or so, even if I get 50p I'll be happy. hats, flags mugs

I should get in quick with these, whilst England are still in the competition ;) Oh "bah humbug" I hear you all cry - don't tell me you weren't at least thinking the same :lol:

Kaz
26-05-2010, 08:51 PM
I heard something on the radio today, "Cheryl Cole will announce the divorce from Ashley just before England play in the final" Nothing like wishful thinking, :lol:

mrs maggot
01-06-2010, 09:11 PM
if you deal with magic touch, they have some downloads available for the world cup - just ideas - and urge you NOT to use in anyway shape or form the 3 lions.

why not contact your local pub/football team ( or if you live in a town where one of the team comes from) could you not personalise the flags/whatever to say something to make the support more local ??

GoonerGary
04-07-2010, 12:05 AM
BBC Football or ITV did a piece on a small trader in South Africa who sold a world cup themed keyring for charity. He was ordered to stop along with hundreds of independent traders. FIFA clamped down hard on anyone who attempted to make a few quid on the back of their multi billion operation.

http://www.internationallawoffice.com/n ... 423265db0b (http://www.internationallawoffice.com/newsletters/detail.aspx?g=f5202ebb-02a1-4eb3-9e09-0d423265db0b)