I found this shirt online and was wondering if the use of the App images like this is illegal. I thought for sure it was but then I thought, well it does not have any apple logo/names anywhere... Thanks, -John
its not illegal i have create my own design for my online shop. well i just rumble it. and my buyers like it.
Thanks for responding. I should probably also state that I am trying to base this off of USA law, and that one of those apps resembles apple's "safari" logo...
So, even though it has apple artwork including the Safari logo, it's not a copyright infringement? How does that work?
There are several issues: Basic trademark law prohibits use of a mark where there is a likelihood of confusion as to the source of the goods. Using a small logo amidst other logos in this manner would not seem to create the impression that the company whose logo you are using was the source of the T-shirt. Certain "famous" marks have additional protection and are entitled to prevent "dilution" of their mark. You cannot use "Coca Cola" on anything, basically, even if there is no likelihood that the use would create confusion about the source of the goods. Some of the marks used on the shirt might be considered "famous" by a court. That is a judgment call. Finally, there are a number of legal theories, such as unfair competition and misappropriation, that can be used to prevent someone from reaping an economic benefit from someone else's intellectual property. For an individual, those same rights fall under a "right of publicity" umbrella. In short, there are a number of potential problems with using logos on a T shirt like that. Since it is the overall look that really makes the shirt attractive, if a client came to me for my views on the concept, I would suggest that they select graphics that will give the overall impression of a set of real apps while avoiding the use of any real logos in the process.
This is also what I would advise: "I would suggest that they select graphics that will give the overall impression of a set of real apps while avoiding the use of any real logos in the process." Using any picture taken from someone else, which includes an app image, is an unnecessary risk due to copyright and/or trademark issues.
Thanks for the very informative response Business Attorney. And thanks to everyone else for posting as well!
Knowing Apple, they've probably registered that icon layout as intellectual property. In essence, it would be like using the Nike swoosh on a t-shirt and attempting to sell it.
I would say that's a pretty fair analysis of the situation. It's not like they are giving the tshirts away, for example.
i don't think it will be illegal. as per my knowledge it is very complex get patents for such kind of designs, i know it reminds Apple but it is difficult to get patent for this
In my opinion it is clearly illegal in the US. The manufacturer of the shirt is making money off of someone else's idea/concept. Apple has a trademark on those designs/concepts and this t-shirt seller is illegally using those symbols to make money. Think of MC Hammer and Vanilla Ice (using someone else's idea/product without giving them credit and a slice of the pie)
People that aren't knowledgeable about law (ie. 99% of the fuckwits in this thread) should stay out of the legal forum before they give people the wrong ideas. It's clearly illegal. Among other reasons mentioned by someone in this thread, it's simply basic copyright infringement. Apple created the graphics and therefore they own the copyright to them. Just like how I can't rip off someone else's logo, theme or designs and stick em on a shirt. Jeez I'm sick of all these dumbasses on DP.