I'm going to sell Digital Point member t-shirt It looks like this. front design back design I will sell this only for DP members(not on other places like eBay) Do you think this can cause legal problem with the logo?
Yes. To be legal you would have to obtain permission from the owner of the logo and the owner of the Digital Point name. I assume both are Shawn, but without their express permission, you are violating their rights to profit from their intellectual property. Note: I just checked the uspto and it looks like Shawn canceled his trademark in the name Digital Point Solutions in June of 2007. Regardless of the status of his registered trademark, he also has a common law trademark in the name and logo as well. Oh yea, and of course, he automatically has a copyright in any artwork logo he created. Here is the info from USPTO Mark Image Word Mark DIGITAL POINT SOLUTIONS Goods and Services (CANCELLED) IC 009. US 021 023 026 036 038. G & S: computer business software designed to aid in the development of computer hardware and other computer software for use in database management, web creation and customization, the operation of computer kiosks used for e-commerce transactions, hosting of web sites and web pages on a global computer communications network, data conversion, and e-commerce business transactions for providers of access to global computer communications network. FIRST USE: 19951215. FIRST USE IN COMMERCE: 19951215 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 24.17.13 - Clef symbol (musical); Musical notes; Musical staff; Musical symbols, including treble and bass clef symbols, sharp and flat symbols and notes 26.09.07 - Squares with a decorative border, including scalloped, ruffled and zig-zag edges 26.09.21 - Squares that are completely or partially shaded Serial Number 75758525 Filing Date July 23, 1999 Current Filing Basis 1A Original Filing Basis 1A Published for Opposition June 20, 2000 Registration Number 2385359 Registration Date September 12, 2000 Owner (REGISTRANT) Hogan, SHAWN INDIVIDUAL UNITED STATES 3570 TONY DRIVE San Diego CALIFORNIA 921222307 Attorney of Record MICHAEL HEICKLEN Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DIGITAL" APART FROM THE MARK AS SHOWN Description of Mark THE MARK CONSISTS OF A SQUARE WITH CORNERS POINTING TO 45, 90, 135 AND 180 DEGREES. EACH SIDE HAS THE SHAPE OF A MUSICAL NOTE CARVED OUT, THE LEFT AN UPRIGHT NOTE, AND THE RIGHT IS INVERTED. Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator DEAD Cancellation Date June 16, 2007 Code (markup):
Thanks... I will have to contact Shawn first then... The price of the t-shirt will be about $16 I'm willing to pay him for the logo
I would assume that if the owner wanted to sell t-shirts he already would have. I think you are probably wasting your time. Also, why would he do it though you and not capture all of the profit?
Why not you contact DP owner first? If you get OK from him, I think it is a good idea. You could offer him some Royalties too. Good luck..