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Can I make a misspelled brand of a popular brand?

Discussion in 'Legal Issues' started by F. Holl, Sep 9, 2017.

  1. #1
    So there is a big brand going around called Supreme that is incredibly expensive and high in demand.
    Their logo is a red rectangle with Supreme written in it.
    I was wondering if I could make my own logo, perhaps a different shade of red but same dimensions that said for example: Sue Me instead of Supreme but in the same font and everything and then sell clothes with that on it.
    Here is the Supreme logo and also the logo I had in mind:
    [​IMG]
    [​IMG]
    Would this be possible and what risks would I be running to create clothes with the second logo?

    P.S I live in Australia, I'm not sure if that will change anything but best to let you know.
    SEMrush
     
    F. Holl, Sep 9, 2017 IP
    SEMrush
  2. Agent000

    Agent000 Notable Member

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    #2
    Yes, it is risky. You may or may not get away with it, depending on if they want to come after you or not.
    If they did, you would probably loose.
     
    Agent000, Sep 9, 2017 IP
  3. F. Holl

    F. Holl Peon

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    #3
    Okay, thanks for the response. What would happen if I were to change the shade of red and the dimensions? Could they still come after me or would it be my own brand?
     
    F. Holl, Sep 9, 2017 IP
  4. Agent000

    Agent000 Notable Member

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    #4
    It all depends on how risk averse you are.
    It all depends on how protective the company who owns the brand is protective of the brand/image
    It all depends on if the court things you are are using or capitalising on their brand
     
    Agent000, Sep 9, 2017 IP
  5. sarahk

    sarahk iTamer Staff

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    #5
    Not knowing the brand except for what I found with a quick search I figure they're going to do one of two things
    1. sue you for every dollar you might ever earn in your lifetime
    2. appreciate that you're reinforcing the street cred of their brand
    [​IMG]

    So it's up to you to decide which response is most likely - what do you know about their corporate culture?
    It looks like they are very familiar with the legal processes and being in Australia won't dampen any anger they may feel. In fact, execs like that often welcome the excuse for a jaunt to Aus/NZ that they can write off as a business expense.

    Is this your real motivation?
    http://www.complex.com/style/2013/0...-in-2010-which-was-based-on-a-niketalk-member
     
    sarahk, Sep 9, 2017 IP
  6. jrbiz

    jrbiz Illustrious Member

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    #6
    If you are asking this question, you know that you are treading on shaky ground. Here is likely what will happen as you start off: nothing. However, should you gain traction with the business and begin to show up on the original company's radar screen, they are going to see you as a potentially lucrative target for their legal team. So, after what could be years of work building up your business, you will suddenly find yourself completely occupied defending your business from legal attacks. The company with the deepest pockets typically wins these battles, so you will have a good chance of losing everything you worked for and owing any money that you made previously, as well. Infringing on someone else's brand or IP is never a good start-up strategy.
     
    jrbiz, Sep 11, 2017 IP
  7. PASnow

    PASnow Peon

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    #7
    I'm kindof at a loss as to why you are creating this 'off-shoot brand'. Is 'Sue Me' in any way related to Supreme? Otherwise, can you just start it from scratch.

    A name like 'Sue Me' seems to have a negative connotation, so consider a term like 'Comcrap' to Comcast. Obviously they would shut it down. As to similarities, yeah you're walking a fine line. Consider a logo similar to that of the coca cola or Pepsi logo, its a trademark infringement. Granted, there's always those low budget shirts being sold, I recall a Marijuana shirt using the McDonalds logo, and Cocaine written in the Coca cola font. If you selling at a tshirt shop down the road you'll get away with it, but those shirts likely couldn't get sold at Target/Macys etc.
     
    PASnow, Sep 11, 2017 IP