Can I print a t-shirts with images of old cars and their brand?

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We are thinking to issue a like of T-shirts with iconic old cars like a 67 Camaro, 57 Corvette, etc. We doing our own art. Are we breaking any copyright or trademark law? thank you.

Attorney Answers

5
Robert Scott LawrenceIntellectual Property Law AttorneySanta Ana, CA ·
If by "art" you mean that you are having an artist create unique illustrations of a '67 Camaro and '57 Corvette, then I would wager a bet that you would not be treading on sacred ground and are unlikely to get sued for any kind of trademark infringement. Art is generally a transformative exercise which takes it out of the realm of infringement. I can take pictures of my '65 Mustang and put them on my website, and Ford cannot sue me for infringing on their mark because it's my car. Similarly, I could publish a book called "Cool Pictures of My '65 Mustang" and sell it on Amazon and Ford wouldn't say Boo! If, on the other hand, you are not engaging in a creative exercise, but are simply pulling stock photos from the web and slapping them on tees to sell, then you have to be concerned that your commercial enterprise owes licensing fees to the photographers and may impinge on the car manufacturer's rights to sell cool shirts showing their own product line. Final note. If you are issuing the tees for non-commercial purposes (e.g., giving them away) and the production is relatively small, I wouldn't be particularly concerned about a trademark action. Go show your proposed product to a trademark attorney in your area before you send out anything into the stream of commerce.
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Michael Dinardo ·
Even though you are preparing your own artwork, you are hoping that the t-shirts will sell, in part, because of the consumer's recognition of and affinity for a particular make and model of car. In essence, you would be trading on the name and goodwill of those car names and styles. The manufacturers of those cars likely consider the name and goodwill in the images of those old cars to be very valuable and would likely seek to stop you. Regardless of their chances of success, the reality is that you would likely find yourself on the receiving end of an expensive infringement lawsuit, that you may not be able to afford. You should contact a lawyer in your area to discuss specific of your situation before going forward.
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James JuoIntellectual Property Law AttorneyLos Angeles, CA ·
What you describe could be considered fair use (although your reference to using "their brand" raises a possible red flag, you may just be referring to the make and model identifying the car). This is not to say that there is no potential for dispute. But, as a practical matter, while the car company may have a claim of trademark dilution or another intellectual property claim, the company is unlikely to waste its time and resources going after someone who is neither disparaging its product nor competing against them. Of course, the devil is in the details, and you should consult with a trademark attorney about your specific plans and designs.
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Maurice Ross ·
I cannot agree with Mr. Lawrence. Even if you create your own art, you are relying in part on the famous trademarks for the commercial success of your t-shirts. For many generations, car companies have licensed their trademarks for use on a wide-variety of merchandise, including T-Shirts. Over the years, licensing fees paid to the car companies for use of their trademarks and car designs have been substantial. Just like professional sports leagues, car companies have been very aggressive in enforcing trademark rights against infringers. Thus, in my view your creation and sales of these T-shirts would be a clear case of trademark and possibly copyright infringement, and you certain could face a very expensive law suit if you proceed with this project.
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Robert Scott LawrenceIntellectual Property Law AttorneySanta Ana, CA ·
As a follow up to my answer, attached please find two websites where you can purchase paintings and prints of old cars. Could the artist put it on a tee shirt? I think so. Can you do so if you commission someone to paint something along these lines, or license the rights to a pre-existing work of art? Again, I think you could. Ford and Chevy don't own the right to stop people from creating art that depicts their cars, nor could they preclude an artist from selling t-shirts or coffee mugs that depict his or her art. Your right to do so, however, doesn't mean you won't be sued by an aggressive company claiming that you are trading off their goodwill.
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