Is It Infringement To Get Your Favorite Sports Team Logo Tattooed On Your Body?
from the maybe... dept
Interesting timing. Just after we were discussing the copyright implications of tattoos, jprlk points us to a recent issue of The Straight Dope, in which Cecil Adams takes on the question of the legality of tattooing your favorite sports team logo on your body somewhere. He goes over both the trademark side and the copyright side. There's no trademark issue (in most cases) because there's no "use in commerce," which is required for a trademark infringement situation. There may be a copyright issue, but Adams suggests teams would be crazy to go down that route so it's probably not an issue:Copyright violation is an easier case to make. (Some contend a fan tattoo would constitute fair use, but I have my doubts.) The main thing is, what team or league would bother? They'd look like bullies, your pockets probably aren't that deep, and it's not like a judge is going to order you to have the tattoo lasered off. Then again, we're talking about professional sports, where conventional logic is out the window.He's right about that last comment. After all, just look at the Washington Redskins, who have sued fans and threatened bloggers. While he hasn't done it yet, it would not surprise me to see Dan Snyder eventually go so far as to sue a fan for having a Redskins tattoo without paying him for the privilege of promoting the team.
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PR
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Go after tattoo artists, not fans
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I've got the Love & Rockets logo tattooed on me
(Note to the RIAA: at various points, L&R was signed to Arista and Def American. Alert your legal teams immediately. Unlicensed logo usage is like Somali piracy... or something.)
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RE: The Washington Redskins
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hmmm
I would say it WOULD be a copyright violation, if I saw a person with GIANTS tattooed on their forehead, I would assume they were connected with the team, won a contest, are being paid (remember that woman who auctioned off her pregnant belly for ad space?).
But, as was said, this wouldnt be a case that should be pursued. It would be terrible PR, would probably result in little capital gains, and would be a lot of work.
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On the flip side, I would not be surprised to see someone who gets an infection while having a team logo tattoo done naming the team as a party in the resulting lawsuit. Lawyers like to name anyone with deep pockets as a co-defendant.
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Trademark Case
If the artist is being paid for the work wouldn't that possibly be defined as being used for commercial purposes or gain?
Isn't there also cases where Pro Players have been forced to either cover their art, or remove it? I think those cases where the Artist actually suing though. There are definately cases where the Pro Players refuse to allow the Artist to display pictures of the tattoos in their Shops. I know a number of artists that have done tattoos on "famous" people, but cannot display the pictures in public for fear of lawsuits.
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When it comes to Tattoos, IP laws are so vague because there really aren't too many cases that have went to court to set the presidences.
I wear numerous Tattoos of Angels and Demons which were highly inspired by early religous artwork and even the bible it's self, would the church really come after me for such artwork? Would I go after the artist if he put my work on someone else? I have asked that he not do that, but I trust in him being a friend and don't have papers signed requiring it.
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So big corporations have been known to go after people for this.
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Re: Trademark Case
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Get's really messy really quick.
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Missing one Mike...
http://www.techdirt.com/articles/20070905/004828.shtml
Certainly fits as another example of professional sports tossing conventional logic out the window!
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Re: Go after tattoo artists, not fans
Although I disagree that a cake is "not exactly" a "fixed medium" -- [which is required by copyright law]. Your skin isn't exactly a fixed medium either. Dust to dust. Even books rot. And digital media, faster. So, whether the tat is on your tart or your heart, it is still fixed, and probably infringing. (i.e., The unlicensed cake is a lie!)
Now, is suing cake artists and tattoo parlours a good idea? No. But that has never stop rights owners before, so why start now?
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Re: Re: Trademark Case
This one happens to be in that latter category, he wasn't trying to tell anyone that they need to change how they do business to his way, he wasn't crying about something not being made free to him, and he wasn't really putting down any real industries in this one.
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Re: Trademark Case
As to your religious tattoos, you're probably ok on the copyright front because (a) the likely basis work will be public domain, if it was ever protected in the first place; and (b) at least as long as you're not commercially, publicly displaying your tattoo, then the infringement was the artist, not you, since he did the fixation. Even though you're the canvas.
On the trademark front, the Church would have to claim it was using that early religious artwork to distinguish its goods and services in commerce. I'd like to see the Vatican own up to that.
Finally, if you don't want your tattoo artist to put your tattoo on someone else, you make part of the agreement be that the copyright in the tattoo transfers to YOU as part of the deal. Generally, a good idea, lest your tattoo artist go around suing everyone who photographs you with your shirt off.
If this were legal advice, it would be followed by an unreasonably large bill.
p.s.: the word is "precedents"
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CM Punk
A legal battle with either Pepsi or Hasbro verses CM Punk/WWE would get interesting. WWE would probably claim thier wrester was giving them free advertisment.
Not that I think this is something that should be brought to court.
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temporary tattoos
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Re: Re: Trademark Case
Anyway, my references to my tattoos was purely an example, the artwork for my tattoos was commissioned seperate from the tattoo artist, and was done on a work for hire contract. The Artist did "embellish" on the artwork somewhat to make it work on the canvas he was working with, but overall the pieces are close enough that he would be the one in violation of any copyrights.
I also highly doubt that my work would be so popular that others would want it anyway, especially considering that I am less than 50% complete and still close to 300 hours under the needles anyway.
In the tattoo realm, I tend to believe that the Artists are gennerally honest people, and respect your requests overall. My experience is that Tattoo Artists overall do an EXCELLENT job at policing themselves. Bad or Dishonest Artists don't last long in the market place, and more often than not it's the Artists that run them out long before too many innocent people get harmed.
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Re:
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Re: RE: The Washington Redskins
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Re: Trademark Case
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I don't think that's right. In most cases, the sale of the tattoo and/or the tattoo artist's services would count as a "use in commerce." Probably no likelihood of confusion, though.
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Cecil Adams
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This seems to be Sue-Your_Customers season...
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Its not an issue.
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The Benefits of Exercise
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tattoo
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