How To Avoid T-Shirt Design Trademark & Copyright Infringement

In this video you'll find out how you can avoid copyright infringement on your t-shirt designs! It's not worth putting your merch by amazon account at risk.
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This step by step process is going to show you how to find winning design ideas for your t-shirts. There is a lot of opportunity with Merch by amazon and as our channel is about helping you grow your own business we thought we'd show you how we do it.
This video covers the following:
👉 Trademark and Copyright Infringement For Merch By Amazon
👉 T-Shirt Design Trademarks
👉 Keeping Your Merch By Amazon Account Safe
👉 How To Avoid Getting Suspending On Merch By Amazon
👉 Merch By Amazon Tutorial For Beginners
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[@nkpaps]

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[@JDGoodies]

Really helpful and straight to the points, thanks for creating this video. In terms of checking T-shirt slogan against the registered trademarks through Merch Informer, does it only check against the US database? If I'd like to sell on platforms like Redbubble, Merch by Amazon or other platforms facing different countries, do we have to check the country specific govt website for every country I am selling to? How do we handle this matter in general if selling internationally ?

[@asadkhan-oi3pv]

What if I found a catchy quote on Pinterest like "Alexa, play everyone who played me" and below it the author is written as unknown and There's no trademark registration for it, and when I googled it, there are tweets too regarding it, and there are many tweets of PPL quoting the same line, so should I go and ask to everyone's twitter that who's the owner and ask for permission or just trademark check is enough? I'm really confused it would be really helpful if you'll answer this.

[@michaelrucci826]

Hi. What about if I wanted to use a slogan that is trademarked in a different industry than for what I am using it for, and I only plan on using the slogan for my employee t-shirts, not to sell them?

[@whaddup5417]

LOL. His how to is basically just "dont."

[@ddddddrr9210]

what does it mean when theres a ©symbol on the shirt after the brand

[@KrisNation]

If I were to do digital art that mimic'd NBA players but in a more vague way by not making the drawings of them super detailed and not including any team logos in it, would that be fair to sell on merch?

[@nkpaps]

It's a grey area i expect, it depends how close the likeness was, if you were using team colours etc. I wouldn't be best placed to answer before you make a call i'd spend some time on google looking for some legal guides on this specific area

[@dom.your.demons]

Can you use the trademarked word without the logo? for example i want to use the word HILUX (belongs to toyota) but with no logo affiliation on clothes

[@nkpaps]

If the word is trademarked i always avoid. Some take the risk but i just don't think it's worth it!

[@mj6901]

The intro music reminds me of Kip and LaWanda 💜

[@nkpaps]

Yer i hear this

[@fr3akypinoy668]

How does this apply to parody logos? Can I get banned or sued on sites like amazon or redbubble if I used a similar looking logo like the “subway” zombie eat fresh type logo or Supreme type logos that say something completely different?

[@nkpaps]

Thanks for the question, this is an article you'll find useful: copyrightalliance.org/ca_faq_post/parody-considered-fair-use-satire-isnt "Section 107 of the Copyright Act is the section that provides for fair use, a doctrine which allows certain actions which otherwise would amount to copyright infringement. The Section lists several examples of fair use, including uses of copyrighted works “for purposes such as criticism [or] comment.” Both parody and satire employ humor in commentary and criticism, but the key distinction, and the reason that parodies are more likely to be considered fair use than satires, is the purpose each serves. Satire is defined as “the use of humor, irony, exaggeration, or ridicule to expose and criticize people’s stupidity or vices, particularly in the context of contemporary politics and other topical issues.”" Obviously you can't copy any specific copyrighted wording, and some forms of it will always be a risk. Every attempt at parody is not created equally, each cash would undergo a four factor fair use analysis to determine whether it constitutes far use. This is all based of my own research, please don't take any of this as legal advice. Hopefully the above article will help you out

[@testing6753]

@@nkpaps i'm a bit confused. so are you saying that "logo parody" should usually be okay?

[@danielslebodnick4099]

Hey, thanks for the video- very informative. I do want to know if it is okay to use any words we want in the title and tags when listing a product. I sell on etsy and redbubble and there's no information that I've found that addresses what you can and can't put in your title and tags. Secondly, if I saw a design on Etsy that says "Girl Dad," and I wanted to use the same phrase, but I changed up the font and format would that be permissible? Thanks again for the video

[@nkpaps]

Hello Daniel, thanks for the kind words! Glad we can help. When it comes to any visible information we avoid using any words that are trademarked, whether that is the title or the tags. I've just checked the phrase "Girl Dad" on www.trademarkia.com and there are a number of live trademarks, in cases like this we always avoid using, you shouldn't use trademarked phrases unless you have the rights holder permission, some people choose to do it anyway and run the risk of being taken down. Hope that helps!

[@danielslebodnick4099]

@@nkpaps That makes sense, thank you! I've been using Tmsearch.uspto.gov instead of trademarkia.

[@nkpaps]

@@danielslebodnick4099 we use trademakia for T-shirts/print on demand side of the business, seems to work well for us 💪 good luck!

[@netbusinessbro8675]

3:50 how an animal can be a trademark? Also. according to Trademarkia every letter and words like "money", "tree" and "dog" are trademarked. How is that possible? Then it means every word is illegal to use. Explain to me, please.

[@quantumwizard7771]

Theirs a way around this law. You gotta say that you bought the shirt as it is, therefore its yours to sell..period. EBay sellers buy and sell copyrighted shit all the time. You just can't make copies of a copyrighted image at your house and sell it.

[@wmc3260]

My question is about the physical tee-shirt, can one use any plain tee to put logo on and sell? who the heck owns the tee-shirt patent? So, could one buy a tee-shirt or hoodie off Amazon put their logo on it and resell? where can I find info on this?

[@nkpaps]

There are a lot of T-shirt designs out there that are open to white label, google T-shirt white label or private label

[@michaelrollerson1384]

What if I edit a picture through an app like photoshop or Pixomatic pro

[@nkpaps]

Do you mean take something that's copyrighted and edit it slightly? If this is the case i'm pretty sure you can't do that since you are still using someones original work without permission

[@SkylerSmith]

So if I wanted to use Gildan T shirts and put my logo on it... is that illegal?

[@nkpaps]

I'm not sure if i fully understand, if you the wording or content is trademarked or used by another company you cannot use it without their permission. Hope that helps!

[@emilielarocque7021]

Hi, what if I do Artwork from a picture ? It's not really a copy I turn it my style but is it okay or not ? Thank you !

[@nkpaps]

If it is original and your own style Yes, that should be fine! (Not legal advice but that's my understanding)

[@bremenT17]

is it okay to use phrases like "keep calm and ......" or "...... is my lifestyle" ? or things like "I love burgers&fries"? these probably have thousands of Tshirts already designed, but I can design them differently

[@nkpaps]

We use www.trademarkia.com for every phrase we consider putting on a T-shirt, if the phrase isn't trademarked you should be ok but there aren't any guarantees. Law and copyright, is a very complicated subject, we do our best to avoid well known people, films, celebrities or brands. Other than that is a phrase is free with no trademark when checked on sites like Trade markia, we will press ahead. The key like you say is to design things differently, focus on authenticity and being unique!

[@Tburg_1]

Quick question “I’m in the begging of the video “ if I use a celebrity face and photo shop the image creat my own style it is illegal or is there a grey area

[@Tburg_1]

also hypothetically speaking I’m not using Amazon I have my own domain

[@nkpaps]

If the likeness is there and people can tell who it is i would avoid it. You might get away from it but not worth it if it comes to get you later on. You have to ask yourself, would the person in question be ok with me using it? If they monetise their own brand and name then the answer is probably no

[@AnonymousLover-qg9dv]

Hi, so if I use a public domain image on a shirt I will have no problems?

[@nkpaps]

If the image is license free and the creator has said you can use it then it's free. Always best to contact the creator to confirm all is ok. Best to assume it's not ok until you have confirmation. Good luck!

[@beastunited]

@@nkpaps how do I check if the image is licensed free and how do I contact the person. Thank you so much. 🙏

[@beastunited]

@@nkpaps ???**

[@mastergamingyt9570]

Bro can you make anime tsirt design and explain about how to avoid copyright © cause in the case of anime copyrights are the major issue

[@nkpaps]

Will add to the list

[@anyakinlaw7374]

would it be legal if you buy products from a wholesale vendor?

[@nkpaps]

You would need permission from the intellectual property holder, all reputable vendors would be able to provide you with this evidence :)

[@kingrichard1953]

How do sellers on Etsy sell IP for so cheap. Like film logos on T-shirts, I can't see how they make any margins...

[@nkpaps]

Most are print on demand sellers, profit margin is calculated when they set their price. POD is very profitable, more of a volume game

[@kalebtirman7460]

If i send a photo, let say of 2pac to a painter i know, and he takes the picture and paints it in his own way and i buy that painting from him, can i then turn that painting into a t-shirt and mass sell it?

[@nkpaps]

Again It's a grey area i expect, it depends how close the likeness was. I wouldn't be best placed to answer before you make a call i'd spend some time on google looking for some legal guides on this specific area

[@olivialew8175]

what if i want to use a design i found online for my class tshirt? would it be okay?

[@nkpaps]

I'm not sure i understand Olivia, the design would have to be commercially free to use if you wanted to re-sell. Have you got an example?

[@olivialew8175]

@@nkpaps it's cartoon characters from we bare bears

[@thecriticalobserver7585]

As I understand it, if you have an orginal saying print on a t shirt, it is automaticlly copyrighted. Question is, how do i prove that I was the first with that slogan? Does it even matter since someone can use my words and use a slightly different font and avoid a copyright infringement?

[@nkpaps]

You'd need a lawyers take on that my friend

[@hypevinyl4643]

Can i sell graphic t-shirts with faumos people?

[@gelomandapat1988]

If I find an artwork design on google but it doesn’t have a signature or watermark of who made the design can I still use it to put on a shirt?

[@nkpaps]

If you want to search for commercially free to use images on google you'll have to use the "Advanced search" features, you can set filters to return only images that match this criteria. Not a perfect strategy as you can't be 100% sure, you are better off creating your own unique designs!

[@MK_3728]

How about using old symbol used in 18 century

[@nkpaps]

This article runs through your exact question specifically; www.whoishostingthis.com/resources/copyright-guide

[@hk_build]

if am selling t-shirt shall i need to check the trademark for every country? it will be an insane never ending task

[@nkpaps]

We usually just check for the marketplace we are planning to sell within (mostly US) trademarkia is a good tool to help with this

[@hk_build]

@@nkpaps what if i want to sell on amazon ..i guess it will sell in multiple countries

[@nkpaps]

@@hk_build It depends on the Amazon marketplace you wish to sell within, you'd have to check your export settings on Amazon. I keep it simple, US Marketplace and use Trademarkia to check for infringements. If you are worried i'd speak to a trademark attorney or move onto another design idea

[@hk_build]

@@nkpaps Thanks a lot for info..

[@freelyashley2874]

Are adding direct quotes from a book copywrite? what about the bible? Can I use the title of an authors book on a tshirt? Can I use a free internet image as a graphic on my shirt?

[@nkpaps]

We use www.trademarkia.com to check any phrase we want to put on a T-shirt, personally we stay away from book titles or direct quotes if they are something someone or a company is known for. Difficult to ever be 100% sure, if in doubt we move onto something we are more confident about

[@freelyashley2874]

@@nkpaps Thank you!

[@anyakinlaw7374]

is it legal to use a name from a show on a tshirt?

[@anyakinlaw7374]

not the name of the show but a person in a show

[@nkpaps]

I wouldn't recommend it, context is very important. There is a good chance you'd be hit with a trademark infringement notice or cease and desist letter. Here is an example that should help (Taken from Quora): "For example, I can sell a T-shirt that says “Miami Heat”. The words and phrase is too common for anybody to claim ownership. However, as soon as I put a basketball on it, I’m going to get into trouble. If I write the letters in a font similar to the NBA logo, I’ll get in trouble. If I do anything to imply that the T-shirt is a licensed product, I’ll have trouble. Stick to selling licensed merchandise and you might be OK. For example, if I created a website called CSIMerchandise.com and only sold legitimately licensed products from the CSI TV show, then I’m probably fine." If you were to try to play on the fact that your design was something to do with the official show, you are going to get in trouble. I can't give you legal advise by the way, this is just my opinion! Good Luck!