While looking around the internet for competition on behalf of someone, I noticed that the particular product - hand painted attire and shoes - others are selling clearly have well known titles, phrases and even logos reproduced on them (and rather poorly in a lot of cases). Am I correct in assuming that such practice is illegal? For example, I have seen various websites selling hand painted shoes with the "Jurassic Park" logo and wording, "Nightmare Before Christmas" and 'Marvel', to name a few. Thanks.
The fact that someone hand paints a trademark doesn't make it any less a violation of the trademark owner's rights than if someone is mass producing the items.
I wasn't asking whether it was more permissible to hand paint, just whether what I have seen is illegal. You assured my thoughts, thanks.
I would say it's illegal. As long as the average person would "perceive" these logos as a trademarks of an established company, you can assume this is trademark infringement.
Easy to test. Just ask the trademark owner about these items and see how they react. It might start with a C&D letter asking them to stop making these products, followed by contact from their lawyers wanting to sue for damages. Their argument will be they cannot allow unauthorized products because it dilutes their brand in the marketplace. Maybe these products are legal if they have entered into a licensing agreement with the trademark owners. But I doubt it.
Oh, so unexpected, so surprise! Very touching, so well written and I have some perception, learning very much. Thank you for sharing.