Phoenix, AZ asked in Copyright and Trademark for Arizona

Q: I have designed a few t-shirt designs with specific words on them in addition to the design. will a copywrite protect?

I want to incorporate the names of the local universities mascots into my designs. I have already contacted the 4 major Az universities and they are interested but they suggested I contact companies that already have their permission/ license to print to save me money because of the Universities trademark. It was also suggested I copywrite/trademark my designs "without any university trademarked words" before I add the various mascot names.

I don't want to go to the companies that the universities have suggested, show them my designs and have them decide they want to do them then take my idea and use them as theirs because my idea is a unique niche in university pride shirts.

Thank you in advance,

Related Topics:
1 Lawyer Answer

A: Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

If you haven't done so, you should register your copyright with the federal copyright office. However, in your case, it sounds that since your plan to commercialize these products (design), you should register the t-shirts as a trademark. You can do so by following the instructions at: www.uspto.gov. It is somewhat a lengthy process (perhaps a year, more or less) but it protect if infringement takes place. A trademark gives you a greater protection over a copyright.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.