are designs like these ok?

[guarddog14]

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Hi guys i just want to check ive designed this its a player from a team i support, ive made my own version of a club badge so im not copying a badge and the player does play for the club but ive put painted effects etc on to the image , would you think this is ok , after reading many horror storys im somewhat paranoid over copyright and want to check before hand.
danny

[pisquee]

Did you take the photo of the player?

[guarddog14]

no buts its beyond recognition as edited heavily and i can get one no problem if that would be the issue as i watch them every week , is that the part that could be a pitfall?

[GoonerGary]

I've associated it with Blackburn Rovers, so there is a trademark issue. Your image hasn't been edited enough as it could easily be identified with the original. Where are you planning to sell it? eBay, outside the ground, a shop in Blackburn?

[guarddog14]

so even though the theres no refernce to blackburn they can still pull it up under trademark , that means 90% of the stuff i see on sites everywear is technically breaking the law , i was just going to sell through facebook or maybe ebay but im thinking not to bother now.

just thinking i nearly bought a licencse of Koolart to haev there personalised team shirts in the stadium , surely these would come under the same idea as a blackburn back of a shirt inside ewood park makes me link it to blackburn ? lol im trying me best to come up with ideas to do but if thats the ruling im going to be struggling

[GoonerGary]

If the general public can be confused into thinking that your design is associated with a trademark, then that's the problem. You are trading off their reputation.

In reality reproducing the badge is what they are concerned about, everything else is kind of a grey area and a little harder for them to prove. If you are going to list on eBay with a design saying Blackburn Rovers Football T shirt then it could be removed. But in saying that there are loads of T shirt companies selling football team designs. Change your design to a black and white 'cutout' design so that the photo is less recognisable. Don't list on the Sports Memorabilia/ Blackburn category. Remove the BRFC from your design and any part of the team badge even if you have jigsawed it around a bit. But no matter what you do, it's still a bit dodgy.

[guarddog14]

ok thank you for your input ive done a slight bit of searching and will have a further look into it some people are saying its ok some arent the badge part is not really copyied as the rose if the rose of lancashire and its alot different to the actual part , i'm fine on copyright as its my work but the the tm part that can be a problem. i just sell them to people i know / facebook and put on that its inspired by and 100%un-official . thats what everyone else seems to be doing.
thanks for your help

[purpledragon]

id say if you want to get technical on all aspects of it the whole thing is in breach of something or another, the rose would probably be under crown copyright so license needed there colours under blackburns trade mark license need there face of player would be under who eer took the photgraph so copy right permission needed there it really depends who is going to bother sueing you . Just because theres loads getting away with it on ebay etc doesnt me an you will and at the same time you may sell 1000's (if theres that many blackburn fans) and end up with a cease and desist letter . orr they could sue for potential losses which could be hundreds of thousands bit of a gamble depends how much of a gambler you are chances are you wont get burnt to badly worse case senario you could lose everything house,car,wife,kjids,cat,dog,kennel,birdcage the lot
Brett

[guarddog14]

Well if its a way of getting rid of the wife it could be very intresting!

Im not really fancying getting sued though so i think ill give it a miss.
shame though i really liked the design and making it .

[tracyreed]

Hi Guardog, how about replacing Rhodes with a chicken, Im a Blackburner too, and loads have asked me for chicken tshirts