To put the following described image on a T-Shirt to sell without a license from Ohio State: Ohio State's mascot is a fellow named Brutus. I want to put a Buckeye on a shirt and have a phrase with it. It is a custom drawing, with a 100% custom facial expression, and it is not a clear cut copy either, as colors are slightly different, shape is a bit different, it is just the head, and there are other differences such as not having a hat while Brutus does, and obviously, since it is a custom, there will be other minor differences as well. Would that be considered trademark infringing? Here are some of my arguments against it: 1. Yes, it is a Buckeye, but a Buckeye is just a general thing, it does not necessarily mean that it is Brutus the Buckeye, just another Buckeye. If you print a bird on a shirt, there could be a thousand clubs and teams suing that you stole it from them. 2. The differences. Albeit, most are minor, they are still all there, so it is not like I just saved the image and am printing it on. 3. It does not have anywhere in the design a logo for the Ohio State University of ANY kind. PLEASE, thoughts and comments are greatly appreciated. Thank you
Trademarks do not have to be exact copies. A recent lawsuit: http://www.theage.com.au/business/apple-bites-over-woolworths-logo-20091005-ghzr.html You would really need to hire an IP attorney to look at the exact drawing you have to get you an opinion. If Ohio State "thinks" it is trademark infringement and decides to sue you, you will be looking at huge legal fees to mount a defense. Hundreds of thousands of dollars in fees are not uncommon.