The law and digitising?

sueswewsJuly 6, 2004

I was just wondering if it is against the law to digitise a company logo (trademarked), and proceed to put it onto an item of clothing to be sold.

I have noticed that a number of people are doing just that on ebay, and was wondeing whether it was illegal or not? After many hours trailing the internet I have had no luck in answering my question.

Any help would be greatly appreciated.

Sue

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Laura_IA

If it's trademarked, and you don't own the trademark, then yes, it's illegal.

Unless, of course, the people who hired you to do the embroidery own the trademark and have given you express written consent to use it.

    Bookmark   July 6, 2004 at 5:26PM
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stitchntime9

Go to the US Patent and Trademark site, get yourself comfy, and start reading under how to submit a design or idea in the FAC section and expand your reading from there.

Digitizing, as in scanning or copying, someone elses design or copyright symbol without the owner's permission is a definite no-no, hired by the owning trademark company to ditigize their design or trademark, that's okay. If you buy a manufactured card and the design and machine spits out a copyright symbol with the design, that's okay, it's part of the design and licensing agreement for the card, just don't sell the design on mass produced items without permission from the card manufacurer or owner of the image you are using.

I guess you could say the safe thing to do is get permission to use the image or copyright first or see an attorney specializing in intellectual property to answer any further questions. If you have developed a design or idea you would like patent, copyright, or develop a trademark for your own company, the intell prop attorney is the person to consult.

    Bookmark   July 6, 2004 at 7:36PM
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